of February 1, 2010 No. 7
About approval of the Instruction about verification of statements for the tortures and other illegal methods connected with persons abuse, involved in criminal procedure and containing in specialized agencies, and to their prevention
For the purpose of increase in efficiency of public prosecutor's supervision of respect for constitutional rights and freedoms of citizens in criminal procedure, being guided by the subitem 4) of article 11 of the Law of the Republic of Kazakhstan "About Prosecutor's office" of December 21, 1995,
1. Approve the enclosed Instruction about verification of statements for the tortures and other illegal methods connected with persons abuse, involved in criminal procedure and containing in specialized agencies, and to their prevention.
2. To impose control of execution of the order on deputy attorneys general of the Republic of Kazakhstan according to the supervised industries of public prosecutor's supervision.
3. Send the order to the Main military prosecutor, prosecutors of areas, cities of Almaty, Astana and equated to them, to prosecutors of the cities, areas, specialized prosecutor's offices, heads of scientific and other institutions under the Prosecutor General's Office of the Republic of Kazakhstan.
Attorney-General of the Republic of Kazakhstan
Approved by the Order of the Attorney-General of the Republic of Kazakhstan of February 1, 2010 No. 7
1. This Instruction regulates procedure for realization of supervising powers of bodies of prosecutor's office for protection of constitutional rights and freedoms of man and citizen in criminal trial and proper accomplishment of the obligations following from the Convention against tortures and others cruel, inhuman or degrading treatments or punishment and other international treaties ratified by the Republic of Kazakhstan.
2. Within competence bodies of prosecutor's office in this sphere perform human rights and supervising functions.
3. Behind consideration of any information on application of tortures and other illegal methods of conducting inquiry and investigation connected with ill treatment, bodies of prosecutor's office establish control.
4. According to each statement, the message on criminal offense registered in the Unified register of pre-judicial investigations about such facts, prosecutors of areas and equated to them, within 24 hours to Department on supervision of legality of pre-judicial stage of criminal procedure and Department on supervision of observance of the rights of the persons, detainees taken into custody and serving criminal penalty represent special reports.
In case of registration of statements, messages on criminal offense in persons under surveillance criminal prosecution authorities production of urgent investigative actions with fixing of all circumstances of event and the direction on the competence established by the Code of penal procedure is provided.
Are not subject to the direction in criminal prosecution authority of the statement, message on criminal offense concerning person who is the employee of the same body.
Investigation on criminal cases about tortures is entrusted to prosecutors.
5. On each fact of illegal use of physical force and other unlawful methods of conducting inquiry and investigation, in the presence of good causes to start pre-judicial investigation, election of adequate measure of restraint, high-quality investigation and acceptance of the legal and reasoned decision proportional to deeds is provided. The public is informed on the measures taken according to publications in media, and their results.
For the purpose of the prevention of these types of criminal offenses the reasons and conditions promoting their making become clear and exhaustive measures of public prosecutor's supervision about their elimination are taken.
6. It is necessary to consider question of criminal prosecution as staff of the criminal prosecution authorities which allowed the unlawful methods of investigation and inquiry and officials, with connivance or instigation of which these actions are made.
7. No. 107 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 07.10.2014
8. In case of specifying in the statement or the message on the lasting violation departure into place instantly is organized, measures to the termination of torture and other illegal methods of conducting inquiry and the investigation are taken.
9. No. 107 is excluded according to the Order of the Attorney-General of the Republic of Kazakhstan of 07.10.2014
10. On criminal cases of this category, carrying out concerning victim(s) and the suspect(s) of judicial and psychological examinations regarding establishment of specific features of perception and assessment of the researched events, detection at examinees of signs of tendency to lie, fiction, transfer of false memoirs is provided. For clarification of question of causing to the victim(s) of physical or moral sufferings, are appointed medicolegal, complex psikhologo-psychiatric or other examinations.
11. When conducting interrogations of victim(s) and suspect(s) observance all of them procedural law, including sales opportunity is provided to suspect(s) of right of defense.
12. Legality and justification of detention on suspicion of making of criminal offense of each citizen and its stay in temporary detention centers, with careful clarification of the bases and motives of such decision, observance of the rights of suspects, the stipulated in Article 64 Codes of Criminal Procedure, and also procedure for detention according to article 131 Code of Criminal Procedure and notifications of relatives is timely checked. Otherwise measures for release of the detained person from temporary detention center are without delay taken.
13. During checks special attention on observance of the rights of the detained persons, including minors and women established by the law, strict execution of requirements about the mode and conditions of keeping in temporary detention centers is paid.
14. Observance of requirements of article 150 Code of Criminal Procedure about procedure for leaving and transfer for content in the conditions of IVS of suspects and persons accused to whom according to the procedure of measure of restraint detention is applied is strictly provided.
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