ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of July 26, 2017 No. 505

About approval of Regulations of pre-trial detention centers of criminal executive system

According to Item 1 of article 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities, special rooms providing temporary isolation from society" I ORDER:

1. Approve the enclosed Regulations of pre-trial detention centers of criminal executive system.

2. To committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.) provide:

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) within ten calendar days from the date of state registration of this order in the Ministry of Justice of the Republic of Kazakhstan the direction it the copy on official publication in periodic printing editions, also in the Republican state company on the right of economic maintaining "The republican center of legal information" of the Ministry of Justice of the Republic of Kazakhstan for inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan;

4) within ten working days after state registration of this order in the Ministry of Justice of the Republic of Kazakhstan provision in Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1) and 2) of this Item.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police major general Bisenkulov B. B. and Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan (Bazylbekov A. H.).

4. This order becomes effective after ten calendar days after day of its first official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of July 26, 2017 No. 505

Regulations of pre-trial detention centers of criminal executive system

Chapter 1. General provisions

1. These rules of internal rules and procedures of pre-trial detention centers of criminal executive system (further - Rules) are developed according to part 1 of article 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of keeping of persons in the special facilities, special rooms providing temporary isolation from society" (further - the Law) and determine internal rules and procedures in pre-trial detention centers of Committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan for the purpose of providing detention regime of suspects of them, persons accused and defendants.

2. These rules establish procedure:

1) acceptance and accommodation of suspects, persons accused and defendants on cameras;

2) carrying out personal search, fingerprinting, photography, and also examination of things of suspects, persons accused and defendants;

3) withdrawals at suspects, persons accused and defendants of the objects, substances and food prohibited to storage and use;

4) material and household providing suspects, persons accused and defendants;

5) acquisitions by suspects, persons accused and defendants of food, and also necessities and other manufactured goods;

6) acceptance and transfer to suspects, persons accused and defendants of sending, transfers;

7) obtaining and departures by suspects, persons accused and defendants of telegrams, letters, money transfers;

8) directions suspects, persons accused and defendants of offers, statements and claims;

9) departures by suspects, persons accused and defendants of religious practices;

10) involvement of suspects, persons accused and defendants to work;

11) participations of suspects, persons accused and defendants in family legal relations and civil transactions;

12) carrying out subscription of suspects, persons accused and defendants to newspapers and magazines;

13) medical and sanitary providing suspects, persons accused and defendants;

14) carrying out daily walks of suspects, persons accused and defendants;

15) holding appointments of suspects, persons accused and defendants to defenders, relatives and other persons;

16) ensuring participation of suspects, persons accused and defendants of investigative actions and judicial sessions;

17) applications of measures of encouragement and collection to suspects, persons accused and defendants;

18) personal acceptance of suspects, persons accused and defendants management of the pre-trial detention center and persons authorized by it;

19) issues of bodies of the suspects, persons accused and defendants who died in the pre-trial detention center;

20) releases of suspects, persons accused and defendants from custody.

3. In each pre-trial detention center the daily routine, strictly regulated, obligatory to execution and observance, approved by the order of the chief of the pre-trial detention center or replacement his face taking into account features of work with this or that list of suspects, persons accused and defendants of season, local conditions and other circumstances will be organized. Time for eight-hour continuous dream, rise, toilet, acceptance of food, walk, work, educational actions, withdrawal to dream is provided in daily routine.

4. The person accused, the suspect or the defendant is called for questioning in the pre-trial detention center only in working hours, at the same time no later than 21 hours return it in the camera.

5. Persons containing in pre-trial detention centers follow rules of conduct of suspects, persons accused and defendants of pre-trial detention centers according to appendix 1 to these rules.

For the purpose of the prevention and suppression of abuses of regulations of behavior by suspects, persons accused and defendants, violations of procedure for serving sentence by convicts, non-admissions of tortures and other illegal actions from administration of organizations of the video camera are established in the places determined by the commission, except for toilets, washing and shower rooms, baths and sleeping rooms of rooms of long appointments. At the same time rooms where external corporal examination of suspects, persons accused, defendants and convicts is performed, are equipped with screens.

In rooms for content of women by video surveillance operators female employees are appointed.

The storage duration of videoarchive constitutes at least 60 days.

Provision of copies of records is made by official request of higher bodies of criminal executive system, criminal prosecution authorities, court, prosecutor's office, and also lawyers and representatives of the victims according to the procedure, provided by the Code of penal procedure of the Republic of Kazakhstan (further – the Code of Criminal Procedure).

6. In the pre-trial detention center the book of notes and proposals of persons inspecting the pre-trial detention center in form according to appendix 2 to these rules in which inspecting make the notes, offers and completion dates of actions for remedial action is kept.

Chapter 2. Procedure for acceptance and accommodation of suspects, persons accused and defendants on cameras

7. The basis for acceptance to the pre-trial detention center of the suspect, person accused or defendant are the judge's ruling on election of measure of restraint in the form of detention, taken out according to article 147 Code of Criminal Procedure.

8. Acceptance of the suspects, persons accused and defendants who arrived to the pre-trial detention center is made by round the clock duty assistant to the chief of the pre-trial detention center (further - the duty assistant) or his deputy who:

1) is checked by availability:

the procedural documents giving the grounds for acceptance of person brought to the pre-trial detention center;

identity documents of persons taken into custody which are stored in the personal record in case of need are issued to the representative of the body conducting criminal procedure by special department (part) on receipt with the subsequent return;

the certificate of birth or the documents confirming the child's birth with mother in the medical organization, adoptions (adoption), and in the absence of such documents – written specifying of person making inquiry, the investigator, the prosecutor or vessels in which production there is criminal case (for acceptance to the pre-trial detention center of the woman with the child aged up to three years).

2) conducts survey of the specified person and verifies his answers with the data specified in the personal record;

3) together with the doctor on duty, performs medical examination.

9. The statement is certified of cases when to the pre-trial detention center the statement from the court order about election of measure of restraint in the form of detention is submitted, by the signature of the official, sealed by official and is subject to replacement no later than three working days with the copy of the resolution.

10. The suspects, persons accused and defendants escorted by transit are accepted to the pre-trial detention center and go to destinations based on references according to personal records and passing lists according to Rules of accounting of persons containing in organizations of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan, the approved order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 13, 2017 No. 107 (registered in the Register of state registration of regulatory legal acts at No. 14918).

11. Suspects, persons accused and defendants concerning whom content term in inquiry period on their criminal cases expired and it is not prolonged, to the pre-trial detention center are not accepted. Persons concerning whom terms of detention expired after acceptance to the pre-trial detention center are exempted from planned convoy under the resolution of the chief of the pre-trial detention center.

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