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Prisons in Irad

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Prisons in Irad exist only in the Irad Special Economic Zone (ISEZ), where they are run by the Corrections Directorate of the Ministry of Internal Security. The main institutions are the Talas Pre-Trial Detention Center, the Chu Correctional Colony near Nurzhan and a women's colony in Talas. The directorate reported about 4,900 prisoners in 2023, about 190 per 100,000 of the ISEZ's population, of whom about a third were awaiting trial.[1] The Autonomous Tribal Regions (ATR) have no prisons: offenses there are settled by councils of elders under customary law (adat), mainly by compensation.[2]

Human rights organizations and the Legal Defense Guild report overcrowding, long pre-trial detention and forced confessions, which the ministry denies.[3]

Legal framework

Sentences in the ISEZ are imposed under the Criminal Code of the Territory of 1997, a statute of the territorial period that replaced the code of the Iradi SSR and has since been amended by the Mejlis and by executive decree. The Territorial Legislature of Irad abolished the death penalty in 1994, and the maximum penalty is life imprisonment.[4] Serious cases are tried by jury under the 2003 Judicial Reforms Act, and the Governor may grant pardons and commute sentences under the Elective Governor Acts.[5]

Several offenses carry long terms by statute:[1][6]

  • horse theft, made an aggravated offense in 2009, carries three to ten years, and up to fifteen where the horse is registered breeding stock or is stolen for slaughter;
  • abduction for marriage, under the Abduction for Marriage Act of 2017, carries five to ten years, rising to twelve where the victim is under 18 (see Marriage in Irad);
  • since 2008 possession of drugs has been punishable by imprisonment (see Drug use in Irad).

Institutions

The Corrections Directorate's institutions include:[1]

  • the Talas Pre-Trial Detention Center, which holds people awaiting trial in the capital and is the subject of most allegations about treatment in custody;
  • the Chu Correctional Colony, near Nurzhan, the main colony for men serving sentences;
  • the women's colony in Talas.

Besides criminal custody, the ISEZ authorities make frequent use of short administrative detention, which can be imposed without a criminal charge.[3]

Prison population

The Ministry of Internal Security's figure of about 4,900 prisoners in 2023 gives a rate of about 190 per 100,000 on the ISEZ population of about 2.63 million recorded in the 2018 census. About a third of prisoners were on remand.[1] Researchers note that the ministry's figures are unaudited and that the ATR, where nobody is imprisoned, is not included.[7] In the same year the ministry's Crime and Public Order Bulletin recorded about 21,400 offenses in the ISEZ.

Conditions and criticism

The Legal Defense Guild, founded in 2009 by the lawyer Gulnara Sadyk, publishes reports on pre-trial detention that international monitors widely cite. With Human Rights Watch it reports overcrowding, long periods of detention before trial and forced confessions, most of them concerning the Talas Pre-Trial Detention Center and detentions at the Qara-Chik Demarcation Line crossings; Amnesty International has reported allegations of torture in the same places. The ministry and the Gendarmerie reject the allegations, and no inquiry has been opened in the ISEZ.[3][8]

Monitors also criticize the use of short administrative detention against protesters. During the 2023 Student Protests in Talas several hundred people, among them minors, were detained; the Guild represented more than sixty detained students, most of whom were released without charge by the end of November.[9][10] In 2021 the ministry audited the Guild's foreign grants, which the Guild described as harassment and the ministry as a routine inspection.[3]

The thieves' code

The Chu Correctional Colony is run in practice by prisoners under the thieves' code (ponyatiya), as are many colonies of the former Soviet Union, and alliances made there shape the criminal world of Nurzhan. The Nurzhan crowned thief Viktor Lomakin is believed to appoint the colony's overseers (smotryashchiye), as he does for the city's markets and housing estates. Prison slang reaches the street through Russian, and the prison songs of the chanson genre are popular in Nurzhan's bars and taxis (see Organized crime in Irad).[11]

Autonomous Tribal Regions

Customary law in the ATR does not imprison. Elders and biys order compensation (kun) in livestock, paid by the offender's kin group, even for homicide. Their decisions are enforced by clan-appointed constables, by social pressure and, in the last resort, by exclusion from communal grazing and trade or banishment from the clan; horse thieves pay ninefold (toguz), and repeat thieves may be expelled. The Iradi Freedom Society records such settlements in its Compendium of Customary Law of 2022. Defenders of the system describe it as cheap and oriented toward reconciliation; critics note that it offers no appeal.[2][12]

See also

References

  1. ^ Ministry of Internal Security (2024). Crime and Public Order Bulletin 2023. Talas.
  2. ^ Iradi Freedom Society Chancellery (2022). Compendium of Customary Law (Adat) and Pasture Demarcations. Aksay Plateau.
  3. ^ Human Rights Watch (2024). Detention and Due Process in the Irad Special Economic Zone. New York.
  4. ^ State Archives of Irad (Talas), Fond 110: Territorial Legislative Journals (1992–2006).
  5. ^ Territorial Legislature of Irad (1992). Elective Governor Acts. Territorial Gazette, Talas.
  6. ^ Talas Herald (9 March 2017). 'Legislature passes bride abduction law.' Talas.
  7. ^ Eurasian Political Quarterly (2025). 'Counting Crime in a Divided Territory: The Limits of ISEZ Statistics.' Vol. 32, No. 3, pp. 188–207.
  8. ^ Amnesty International (2023). 'Irad: Torture and Arbitrary Detention in the Special Economic Zone.' London.
  9. ^ Human Rights Watch (2024). 'Water Cannon and Silence: The Policing of the 2023 Talas Protests.' New York.
  10. ^ United Nations Mission in Irad (2024). Human Rights Report: The Talas Protests of October–November 2023. Kara-Oi.
  11. ^ Eurasian Political Quarterly (2024). 'Patrons and Racketeers: Organized Crime in the Irad Special Economic Zone.' Vol. 31, No. 2, pp. 77–102.
  12. ^ Human Rights Watch (2022). Civil Liberties and Judicial Dualism in Divided Irad. New York, pp. 45–62.

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