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 ensuring participation in verification of statements and investigation of criminal cases about tortures and other illegal methods of conducting inquiry and investigation.
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. On each material of investigation verification and criminal case about such facts, prosecutors of areas and equated to them, within 24 hours to Department on supervision of legality of the investigation and inquiry 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 addresses about the facts of tortures to persons under surveillance criminal prosecution authorities immediate fixing of all circumstances of event and the direction of materials on the competence established by the Code of penal procedure is provided.
Materials and criminal cases concerning person who is the employee of the same body are not subject to the direction in criminal prosecution authority.
In case of need, according to such addresses are performed by prosecutors, and investigation on the criminal cases which caused wide public response is entrusted to special prosecutors in coordination with the supervising deputy attorney general.
5. On each fact of illegal use of physical force and other unlawful methods of conducting inquiry and investigation, investigation verifications, in the presence of good causes to bring criminal cases are organized and carried out, election of adequate measure of restraint, high-quality investigation and acceptance of the legal and reasoned decision, assignment of punishment 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 crimes 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. The reasons of prolongation of terms of investigation verifications on the facts of tortures up to two months are subject to preliminary consideration at the operational meeting in case of the prosecutor of the region.
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. When conducting checks according to statements and messages on application of tortures and other illegal methods of inquiry and the investigation requirements of article 24 Code of Criminal Procedure are provided.
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 with them rights of defense is provided.
12. Legality and justification of detention on suspicion of crime execution 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 68 Codes of Criminal Procedure, and also procedure for detention according to article 134 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.
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