The instruction about procedure for the notice of diplomatic representations of foreign states in the territory of the Republic of Kazakhstan about detentions and arrests of citizens of the represented state, and also about procedure for visit by representatives of diplomatic representations of detainees, arrested and the foreign citizens condemned to imprisonment

Approved by the Prosecutor General's Office, the Ministry of Justice, the Ministry of Internal Affairs, the Ministry of Foreign Affairs, Committee of homeland security of April 6, 1993 No. 15/7/19203/1295/31

I. Procedure for the notice of foreign diplomatic and consular representations in the territory of the Republic of Kazakhstan about detentions and arrests of citizens of the state represented by them

1.1. Foreign diplomatic and consular representations in the territory of the Republic of Kazakhstan are informed in all cases of detention (except cases of detention of the violators of border who illegally passed into the Republic of Kazakhstan), arrest, detention, condemnations of citizens of the state represented by them on the bases and according to the procedure, stipulated by the legislation, or detentions of foreign citizens to which according to the law are applied certain types ogranicheniya*.

* Further - detentions and arrests.

Such notice is transferred by bodies of prosecutor's office, internal affairs, homeland security, customs, commanders of boundary parts and courts no later than days from the moment of detention or arrest or condemnation of foreign citizens if other is not provided by the international treaty.

1.2. Accessory of the detainee or the foreign state arrested to nationality is determined by the foreign passport or the document replacing it.

In the absence of supporting documents or provision of documents which reliability raises doubts nationality of such person is subject to check in accordance with the established procedure through law-enforcement bodies in the place of detention or arrest.

1.3. The body *, the performed detention or arrest of the foreign citizen, immediately reports about it telegrafno in the Prosecutor General's Office of the Republic of Kazakhstan and in the copy in the Ministry of Foreign Affairs, the Ministry of Internal Affairs and Committee of homeland security of the Republic of Kazakhstan.

* Bodies of prosecutor's office, internal affairs, homeland security, customs authorities, commanders of boundary parts.

Besides, about detention or arrest of the foreign citizen it is in writing reported to the prosecutor exercising supervision of execution of the laws by body which made detention or arrest.

The court which performed administrative detention or detention of the foreign citizen informs the Ministry of Justice of the Republic of Kazakhstan which informs on it the Prosecutor General's Office, the Ministry of Foreign Affairs, the Ministry of Internal Affairs and Committee of homeland security of the Republic of Kazakhstan.

In the message date and time of detention or arrest, complete name and surname, nationality of the detainee or arrested, place of employment, position (social position), the name of the document which formed the basis to detention or arrest shall be specified (the resolution on election of measure of restraint, the protocol on administrative detention, the court order on administrative detention, the protocol on detention of person suspected of crime execution, sentence, the resolution or determination of court, the resolution on detention for expulsion from the Republic of Kazakhstan forcibly, statement of specific actions for which making detention or arrest, number of the residence permit in the Republic of Kazakhstan is applied or whom and for what term the foreign passport of the detainee or arrested is registered.

Concerning persons which are quickly staying in the Republic of Kazakhstan, besides, the arrival purpose, number and terms of the visa is reported.

1.4. On receipt of the message on detention or arrest the prosecutor exercising supervision of execution of the laws by the body which detained or arrested the foreign citizen immediately checks legality and justification of detention or arrest. During check the prosecutor talks to the detainee or the arrested. In case of establishment of illegality or groundlessness of detention or arrest of the foreign citizen the prosecutor immediately exempts it.

When the foreign citizen subject to administrative detention or it is taken into custody based on the resolution, determination or the court verdict, the prosecutor in accordance with the established procedure checks legality and justification of actions of court and in case of establishment of illegality or groundlessness of arrest, the conclusion under years of service, protests the judgment.

About results of check the detailed conclusion with conclusion about justification and legality of detention or arrest of the foreign citizen which immediately goes to the Prosecutor General's Office of the Republic of Kazakhstan is constituted.

1.5. The Ministry of Foreign Affairs of the Republic of Kazakhstan takes measures for finishing the acquired information about detention or arrest of the foreign citizen with indication of his complete name, surname, nationality, date and the basis of detention or arrest to data of the relevant diplomatic or consular representation.

II. Procedure for visit by diplomatic representations of foreign states of detainees, arrested and the citizens of the represented state condemned to imprisonment

2.1. Official representatives of diplomatic representations of foreign states have the right to visit the detainee arrested or serving custodial sanction of the citizen of the state represented by them if other is not provided by the international treaty.

2.2. Official representatives of diplomatic representations of foreign states can communicate in writing with the foreign citizens specified in item 2.1 by the direction it letters and telegrams to the address: Almaty, Ulitsa Zheltoksan, 118, Consular management MFA of the Republic of Kazakhstan, ph.: 63-24-47, 63-28-05.

The decision on visit by the official representative of diplomatic representation of foreign state of the detainee, the arrested or the condemned foreign citizen is accepted by the Prosecutor General's Office of the Republic of Kazakhstan in coordination with the Ministry of Internal Affairs and KNB of the Republic of Kazakhstan, respectively, and also the Ministry of Justice of the Republic of Kazakhstan - the foreign citizen who is in custody, case concerning relation is considered by court.

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