LAW OF THE REPUBLIC OF KAZAKHSTAN

of April 14, 1993 No. 2143-XII

About recovery of victims of mass political repressions

The Supreme Council of the Republic of Kazakhstan adopts this Law, being performed by determination to recover justice in relation to the people who underwent to mass political repressions for the purpose of rehabilitation of all victims of these repressions, ensuring compensation greatest possible now of the moral and material damage caused to them.

Section I. General provisions

Article 1. In this Law political repressions the enforcement measures performed for political motives by state bodies or the officials representing them in the form of deprivation of life or freedom, including detention and forced treatment mental health facilities, exiles from the country and deprivation of nationality, removal from the places of residence or areas of dwelling (the reference or dispatch), the directions on the special settlement, attraction to forced labor with restriction of freedom (including in so-called "labor armies", "working columns of People's Commissariat for Internal Affairs"), and also other defeat, deprivation or restriction of the rights and freedoms connected to false charge in crime execution or with prosecution as socially dangerous persons on signs of political convictions, class, social, national, religious or other association in judicial, extrajudicial or administrative procedure are recognized.

Rehabilitation in this Law is understood as recognition of person in the judicial or established by the law other procedure by the victim of political repressions or the victim of political repressions, recovery of its violated rights, compensation of the caused moral or material damage.

Article 2. Operation of this Law extends to one and all persons who directly underwent to political repressions in the territory of the former USSR and now being citizens of the Republic of Kazakhstan.

Along with persons specified in part one of this Article, the victims of political repressions persons who were constantly living before application of repressions to them in the territory which is nowadays constituting the territory of the Republic of Kazakhstan in cases are recognized:

a) applications of repressions by the Soviet courts and other bodies outside the former USSR;

b) condemnations of field army by military courts during World War II (civilians and the military personnel);

c) applications of repressions after appeal for passing of military service out of limits of Kazakhstan;

d) applications of repressions according to decisions of the central allied bodies: The Supreme Court of the USSR and its judicial boards, Board of OGPU USSR, special meeting under People's Commissariat for Internal Affairs-MGB-MVD of the USSR, the Commission of Prosecutor's office of the USSR and People's Commissariat for Internal Affairs of the USSR on investigative cases and other bodies;

e) applications of repressions for participation in events on December 17 - 18, 1986 in Kazakhstan, except for persons condemned for making of premeditated murders and infringement of life of the employee of militia, the national combatant in these events concerning which the operating procedure for review of criminal cases remains.

The victims of political repressions also persons which underwent to forced illegal relocation to Kazakhstan and from Kazakhstan based on acts of the supreme bodies of the government of USSR are recognized.

Victims of political repressions in this Law the children of the victims of political repressions who were together with parents or persons replacing them in places of detention are recognized the reference, dispatch or on the special settlement, and also the children of the victims of political repressions who did not reach eighteen-year age at the time of repression and as a result of its application without parental support or one of them.

Article 3. Appear rehabilitated all persons who for political motives were subjected to exile from the country, to removal from the places of residence or areas of dwelling (the reference or dispatch), to the direction on the special settlement, to attraction to forced labor with restriction of freedom, and also to other defeats, deprivations or restrictions of the rights and freedoms administratively, are placed administratively or according to decisions of extrajudicial bodies in mental health facilities on forced treatment.

In case of absence (in connection with their destruction) the documents confirming application of political repressions in the form of exile from the country, removal from the places of residence or areas of dwelling (the reference or dispatch), the directions on the special settlement, the basis for recognition of the fact of application of repressions is establishment of the actual accommodation of persons in the territory of Kazakhstan owing to repressive shares.

Article 4. Appear rehabilitated all persons condemned for:

a) counterrevolutionary promotion and propaganda;

b) abuse of regulations about disestablishment (except as specified condemnations on a charge of forced collection of charges by religious groups, hindrance to execution of religious practices), that is under Articles 58, 122, 123, 125, 126 Criminal codes of RSFSR existing before adoption of law of the USSR of December 25, 1958 "About criminal liability for high treasons";

c) anti-Soviet propaganda and promotion;

d) violation of the laws on department of the mosque and church from the state and school from the mosque and church;

e) distribution of obviously false fabrications discrediting social order of the USSR that is under Articles 56, 130 (in the edition operating before adoption of law of the Kazakh SSR of June 26, 1992), 170-1 Criminal code of the Kazakh SSR.

Article 5. Rehabilitations all persons who for political motives were are subject:

a) are condemned for the high and other treasons;

b) are condemned or subjected to punishments according to decisions of extrajudicial bodies for escapes from places of detention, references, the expulsions and special settlements serving there sentences in connection with political repressions or from places of attraction to forced labor with restriction of freedom;

c) are condemned or subjected to punishments according to decisions of extrajudicial bodies for participation in resistance movement in places of detention of political prisoners;

d) are subjected to criminal penalties according to decisions of bodies of VChK, GPU-OGPU, UNKVD-NKVD, MGB, the Ministry of Internal Affairs, prosecutor's office and their boards, "special meetings", "two", "three" and other bodies performing judicial functions.

Article 6. Rehabilitations the persons listed in article 5 of this Law, reasonably condemned by courts, and also subjected to criminal penalties according to decisions out of judicial authorities in which cases there are sufficient evidences of making of the following crimes are not subject:

a) high treason in all forms, except flight or flight abroad; armed revolt or invasion in the counterrevolutionary purposes on the Republic territory as a part of the armed gangs and participation in the murders and other violent acts committed by them; espionage, act of terrorism, diversion;

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