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

of February 5, 2018 No. 95

"About approval of Regulations of temporary detention centers of law-enforcement bodies"

According to Item 1 of article 15 of the Law of the Republic of Kazakhstan of March 30, 1999 "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" I ORDER:

1. Approve the enclosed Regulations of temporary detention centers of law-enforcement bodies.

2. Declare invalid the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 1, 2002 No. 385 "About approval of Regulations of temporary detention centers of law-enforcement bodies" (it is registered in the Register of state registration of regulatory legal acts for No. 1883, No. 16, is published by Art. 844 in the Bulletin of regulatory legal acts of the central executive and other state bodies of the Republic of Kazakhstan, 2003.).

3. To committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.) 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 the direction it the copy in paper and electronic type in the Kazakh and Russian languages in the Republican state company on the right of economic maintaining "The republican center of legal information" for official publication and inclusion in Reference control bank of regulatory legal acts of the Republic of Kazakhstan;

3) within ten calendar days after state registration of this order the direction it the copy on official publication in periodic printing editions;

4) placement of this order on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan after its official publication.

5) within ten working days after state registration of this order submission to Legal department of the Ministry of Internal Affairs of the Republic of Kazakhstan of data on execution of the actions provided by subitems 1), 2), 3) and 4) of this Item.

4. To impose control of execution of this order on the deputy minister of internal affairs of the police major general Turgumbayev E. Z. and Committee of administrative police of the Ministry of Internal Affairs of the Republic of Kazakhstan (Lepekh I. V.).

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

Minister of Internal Affairs of the Republic of Kazakhstan police colonel general

K. Kasymov

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of February 5, 2018 No. 95

Regulations of temporary detention centers of law-enforcement bodies

Chapter 1. General provisions

1. These rules of internal rules and procedures of temporary detention centers of law-enforcement bodies (further - Rules) determine procedure for providing detention regime under guards of suspects and the criminal offenses accused of making in temporary detention centers of law-enforcement bodies.

The mode includes procedure and conditions of detention of suspects and persons accused, providing their rights, execution of the obligations by them, their isolation, and also accomplishment of the tasks provided by the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK). Requirements of Rules are observed by the employees of temporary detention center containing in them persons, and also the other persons visiting temporary detention center.

2. In temporary detention center are passed:

1) the prosecutors exercising supervision of legality in places of detention, freely at any time - on presentation of the official ID;

2) the officials of law-enforcement body exercising inspection or control of the organization and service on protection of the containing persons, police officers of places of detention - on presentation of the official ID;

3) the staff of other services for implementation of check of service of the job specification on duty - on presentation of the special instruction issued by the chief of higher body of internal affairs;

4) the prosecutors, investigators and persons making inquiry in investigative offices of temporary detention center and only for production of legal proceedings - on presentation of the official ID;

5) the staff of criminal police, on fight against organized crime and extremism in investigative offices of temporary detention center and only according to the written order of person performing pre-judicial investigation - on presentation of the official ID;

6) defenders in investigative offices of temporary detention center - on presentation of the order, certificate of the lawyer and the identity certificate;

7) other persons to whom the appointment to the detained suspects and persons accused is in accordance with the established procedure provided, only to the room for appointments - on presentation of the corresponding permission and the identity document;

8) the health workers who arrived for delivery of health care to the needing person - on presentation of the job specification and accompanied by the person on duty (the assistant to the person on duty) on temporary detention center or the chief of temporary detention center - to the patient;

9) the employees of bodies of health care who are exercising sanitary inspection of places of detention or arrived to temporary detention center for carrying out anti-epidemic work - on presentation of the special instruction, are followed to all rooms of temporary detention center by the person on duty (the assistant to the person on duty) on temporary detention center or the chief of temporary detention center;

10) members of public council concerning activities of law-enforcement bodies for implementation of public control - on presentation of the identity certificate;

11) members of public monitoring commissions as a part of at least two of his members for implementation of public control - on presentation of the identity certificate;

12) participants of the national preventive mechanism for implementation of preventive visit - on presentation of the certificate of the participant of the national preventive mechanism, the issued Commissioners for Human Rights in the Republic of Kazakhstan confirming its powers on preventive visit.

3. The prosecutors, investigators and persons who are making inquiry, arrived to temporary detention center with weapon hand over it on temporary storage in law-enforcement body. This procedure extends also to all other officials of law enforcement agencies to whom visit of regime rooms of temporary detention center is authorized.

Chapter 2. Acceptance and accommodation of suspects and persons accused on cameras

4. Persons brought in temporary detention center are accepted round the clock on duty on temporary detention center which checks availability of the bases for acceptance, interviews delivered, verifies their answers with data of the protocol on detention on suspicion of making of criminal offenses on form, according to appendix 1 to these rules, resolutions, the court verdict and other documents, registers in register of the suspects and persons accused containing in temporary detention center in form according to appendix 2 to these rules.

5. The basis for acceptance and content of suspects and persons accused in temporary detention center is:

1) the protocol of detention constituted by the investigator or the investigator according to the procedure of article 131 Code of Criminal Procedure RK to whom are applied: the protocol of the personal search (constituted in any form), the message to the prosecutor (Art. 131 of the Code of Criminal Procedure of RK) and the suspect's relatives (Art. 135 of the Code of Criminal Procedure of RK), the conclusion of medical witnessing (Art. 223 of the Code of Criminal Procedure of RK) (the protocol of detention constituted by the investigator affirms the chief of body of inquiry);

2) the court order about election concerning the suspect (the person accused, the defendant) of measure of restraint detention according to the procedure of article 147 Code of Criminal Procedure RK;

3) the resolution of the person performing pre-judicial investigation, approved as the prosecutor either the investigative judge, or court within the power conferred to the Code of Criminal Procedure of RK about content of the suspect or person accused concerning whom the measure of restraint detention, in places of detention according to the procedure of article 150 Code of Criminal Procedure RK is chosen;

4) the resolution of the investigative judge according to the procedure, the stipulated in Article 513 Codes of Criminal Procedure of RK about satisfaction of the petition of body performing investigation about the placement to specialized medical institutions which is taken out concerning person who is in custody.

The above-stated documents are certified by signatures of persons, them constituted and are sealed official the relevant organization. When statements from sentences (determinations, resolutions) of courts on election of measure of restraint in the form of detention are represented to temporary detention center, in them complete adjusting data of persons to which this measure of restraint is applied are specified, and there are specified details (the signature, impress of a seal).

6. In temporary detention center are not accepted for content of person concerning which protocols of detention, resolutions on detention and other relevant documents are processed with violations of requirements of the Code of Criminal Procedure of RK and the Law of the Republic of Kazakhstan of March 30, 1999 "About procedure and conditions of keeping of persons in the special facilities providing temporary isolation from society" (further - the Law).

7. The term of detention of suspects and persons accused is determined by the Code of Criminal Procedure of RK.

8. Convicts to imprisonment are transferred to pre-trial detention centers for the direction to places of detention according to the court verdict.

It is allowed to leave convicts to imprisonment temporarily in temporary detention center for production of investigative actions for another criminal case based on the resolution approved by the prosecutor.

9. The convicts serving sentence in the organizations performing criminal penalties in the form of imprisonment are allowed to be contained in temporary detention center:

1) in connection with consideration of the case in court - according to the court order for the period of consideration of the case;

2) in connection with production of investigative actions on the case of the crime committed by other person based on the resolution authorized by the prosecutor.

10. Suspects, persons accused, following en route, are accepted and contain in temporary detention centers based on the list and references on private business certified by official stamp.

11. Suspects and the accused women are allowed to have in case of themselves in temporary detention center of children under three years, in case of impossibility of transfer of the last to close relatives. The basis for acceptance of women with the child is the certificate of birth or other documents confirming the child's accessory, and in the absence of such documents - written specifying of the official making inquiry, the investigator, the prosecutor or vessels in which production there is this case.

For accommodation of the expectant mothers and women having in case of themselves children under three years the lightest and dry cameras located in the separate isolated compartments are used. Cameras are equipped with single-layer berths.

12. In case of receipt in temporary detention center of group of persons they accommodate for the term of no more than two hours in cabins (boxes) equipped in the room for production of personal searches.

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