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

of September 8, 2014 No. 575

About approval of Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest

According to the subitem 14) I ORDER to part 1 of Article 16 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014:

1. Approve the enclosed Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest.

2. (Berdalin B. M.) to provide to committee of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan:

1) state registration of this order;

2) after state registration of this order to provide its official publication in information system of law of Ad_let and placement on Internet resource of the Ministry of Internal Affairs of the Republic of Kazakhstan.

3. To impose control of execution of this order on the deputy minister of internal affairs of the Republic of Kazakhstan police colonel Bisenkulov B. B. and the chairman of Committee of criminal executive system of the major general of justice Berdalin B. M.

4. This order becomes effective since January 1, 2017 and is subject to official publication.

Approved by the Order of the Minister of Internal Affairs of the Republic of Kazakhstan of September 8, 2014 No. 575

Rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest

1. General provisions

1. These rules of the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest (further - Rules) are developed according to Articles 83-87 of the Penitentiary code of the Republic of Kazakhstan of July 5, 2014 (further - WICK) and determine procedure for the organization of activities and internal rules and procedures of the special facilities performing execution of the punishment in the form of arrest.

2. Execution of the punishment in the form of arrest is performed in the place of condemnation in the special receivers (further - the joint venture) intended for serving of criminal penalty in the form of the arrest, based on the court verdict which took legal effect.

2. Procedure for acceptance of convicts in the joint venture

3. Acceptance of convicts in the joint venture is performed by the duty assistant to the chief of the joint venture (further - the person on duty) with obligatory participation of employees of service of special accounting and medical part of the joint venture.

4. During acceptance of convicts the person on duty checks availability of the documents which are the basis for execution of the punishment in the form of arrest, establishes their belonging to the arrived convicts based on the documents proving their identity.

5. In case of discrepancy of the photo of the convict, the biographical particulars specified in the court verdict with the data received in case of poll of the convict, identity documents, the employee of service of special accounting together with the person on duty draws up the statement in form, according to appendix 1 to these rules and takes him to court, pronounced sentence for taking measures.

6. After verification of the data specified in Item 5 of these rules, the staff of the joint venture in specially equipped room, subject convicts to complete search, and the things belonging to them - to examination.

Before carrying out complete search and examination of things, convicts are offered to hand over voluntarily not provided by the List of things and objects which convicts are allowed to have in case of themselves, to receive in sending, transfers, parcels post and to acquire in shops of the joint venture, according to appendix 2 to these rules (further - the List). In case of immediate voluntary surrender of the prohibited objects, measures of disciplinary punishment are not applied to convicts.

7. Persons accepted in the joint venture, in day of their receipt, but no later than one days undergo primary medical examination and sanitary processing. Results of medical examination are brought in the medical out-patient record. At the same time the health worker performs external examination of convicts, for the purpose of detection at them of injuries and signs of skin and infectious diseases. About the fact of detection of bodily harms it is immediately reported in writing in higher body and to the supervising prosecutor.

Persons who according to the conclusion of the doctor of the joint venture need urgent hospitalization go escorted by to medical institutions of bodies of health care. If necessary medical care is provided to them.

After that, convicts accommodate in quarantine department where behind them medical observation lasting up to 15 days is established. In case of identification during this period of infectious patients, they are immediately isolated, in organization the complex of anti-epidemic events is held.

8. Psychologists of the joint venture carry out work on studying of persons of newcomers of convicts, their adaptations to new conditions. Persons inclined to suicide, intentional causing to themselves any damage and to other illegal actions come to light. By results of studying psychological portraits on each newcomer of the convict are constituted, recommendations about work with them are made in the relevant services of the joint venture.

9. In the time spent in the quarantine room convicts get acquainted under list with procedure and conditions of serving sentence, with the rights and obligations, are warned about responsibility for violation of procedure for serving sentence. To them it is explained that technical means of supervision and protection, and in some cases physical force, special means, weapon are used to maintenance of detention regime in the joint venture.

In subsequent such information is provided on radio, during visit of the cameras, on personal acceptance condemned by the chief of the joint venture and employees authorized by it.

Information on basic rights and obligations of persons containing in the joint venture in the state and Russian languages is hung out also in each camera.

10. Convicts are provided with bed and bedding, berths do not change and are not curtained.

11. About arrival of the convict in the joint venture, service of special accounting within two working days the written notice to one of relatives, or the legal representative at the choice of the convict, with indication of the postal address of the joint venture, the List, the main requirements of procedure for correspondence, obtaining and departure of money transfers, provision of departures, appointments, the right to telephone conversations goes.

About arrival of the condemned foreign citizens and persons without citizenship who were constantly living before arrest abroad, notifications, besides, go to the diplomatic representations and consular establishments representing the interests of these persons in the Republic of Kazakhstan.

3. Procedure for production of search and examination of convicts

12. The personal search of convicts is subdivided into complete search and incomplete search. The search is carried out by same-gender person with searched. The personal complete search of convicts is carried out in the following cases:

1) in case of receipt in the joint venture and departure from it;

2) in case of settlement to the disciplinary isolation center (further - DIZO) and release from it;

3) before holding appointment and on its termination;

4) during detention of the convict who allowed violation of the detention regime which made escape or other crime.

13. Complete search is executed in the following procedure:

1) search of convicts is executed in compliance of Item 6 of these rules. Then it is offered to remove consistently headdress, footwear and clothes, up to underwear;

2) interdigital intervals of hands, legs, auricles and oral cavity, and also medical bandages and prostheses of extremities are inspected. Survey of prostheses and bandages is carried out with participation of the health worker;

3) clothes, headdress, footwear and the things belonging to the convict are inspected. Patches, seams, collar and liner of clothes are probed. If necessary certain places of clothes are punctured pricker or are unstitched. Footwear is considered with external and inside and is surely checked for bend;

4) also patches, heels, soles and other places of the possible shelter of the money, narcotic substances and other objects prohibited to use and storage in the joint venture are checked.

The complete search is carried out in the special room located at check-point (further - the check point) or equipped close.

14. Incomplete search is executed in case of conclusion from cameras of convicts within the joint venture (to the doctor, on walk, sanitary processing, in case of transfer in other camera, obyskovy actions).

15. In case of incomplete search the clothes are carefully probed. At the same time it is checked whether are stored in sleeves, collar, liner and trousers of the tool of attack (knife, the probe and so forth) or other prohibited objects. After that content in pockets is checked, the headdress and footwear are inspected. In case of the suspicious behavior searched the complete search is carried out.

16. When carrying out search the convict who made violation of procedure for serving sentence or crime is offered to raise hands up and to place legs on width of shoulders. Searching becomes behind searched and, consistently, from top to down, executes search. If necessary, searched, on specifying of searching, rests hands against wall.

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