A complaint to the district Prosecutor about a violation of the law during the pre-trial investigation of a criminal case.
To the prosecutor of Talgar district of Almaty region
To E. Bekmanov
from the defense attorney of the suspect U.K. – lawyer
Sabit Davletovich Nigmetov
79 Abylai Khan Ave., Almaty
office 313
cell phone numbers 87009785755, 87054628284
a complaint about a violation of the law during a pre-trial investigation in a criminal case.
A criminal case against UKK, suspected of committing a crime under Articles 24, 1-120, Part 1 of the Criminal Code of the Republic of Kazakhstan, registered in the ERDR for No. 231962031002008, is in the proceedings of the SB UP of the Talgar district of the Almaty region.
According to Part 1 of Article 10 of the CPC of the Republic of Kazakhstan, the court, prosecutor, investigator, body of inquiry and inquirer in criminal proceedings are required to strictly comply with the requirements of the Constitution of the Republic of Kazakhstan, this Code, and other regulatory legal acts specified in Article 1 of this Code.
According to Part 1 of Article 15 of the Criminal Procedure Code of the Republic of Kazakhstan, the body conducting criminal proceedings is obliged to protect the rights and freedoms of citizens participating in criminal proceedings, create conditions for their implementation, and take timely measures to meet the legitimate demands of participants in criminal proceedings.
According to Article 30 of the Criminal Procedure Code of the Republic of Kazakhstan, persons participating in the case who do not speak or do not speak the language in which the proceedings are conducted are given the right to make statements, give explanations and testimony, file petitions, file complaints, challenge judicial acts, get acquainted with the case materials, speak in court in their native language or another language. which they speak; to use free of charge the services of an interpreter, a sign language specialist for persons with hearing disabilities, in accordance with the procedure established by this Code.
Persons participating in criminal proceedings are provided free of charge with the translation into the language of criminal proceedings of the case materials they need, presented in another language. Persons participating in the judicial process are provided free of charge with the translation into the language of the proceedings of that part of the court proceedings that takes place in another language.
According to paragraph 4) of Part 1 of Article 67 of the CPC of the Republic of Kazakhstan, the participation of a defender in criminal proceedings is mandatory in cases where the suspect, accused, defendant, convicted, acquitted does not speak the language in which the proceedings are conducted.
The suspect Umarov K.K. is a citizen of the Republic of Uzbekistan, graduated from an educational institution with Uzbek as the language of instruction, and English was his foreign language. Does not speak Kazakh and Russian. However, the proceedings involving UK.K. were conducted in the absence of an interpreter and a defense lawyer. Also, UK.K. did not receive procedural decisions in Uzbek.
According to Part 3 of Article 10 of the CPC of the Republic of Kazakhstan, violation of the law by a court or criminal prosecution authorities in criminal proceedings is unacceptable and entails liability established by law, invalidation of illegal acts and their cancellation.
In accordance with Article 70 of the Criminal Procedure Code of the Republic of Kazakhstan, the defender is obliged to use all legal means and methods of defense in order to identify circumstances that refute suspicion, accusation or mitigate the responsibility of the suspect, the accused, and provide them with the necessary qualified legal assistance. The defender has the right to bring complaints about the actions (inaction) and decisions of the inquirer, investigator.
Based on the above, please:
- to declare illegal the protocol of the interrogation of UK.K. as a witness entitled to protection from 07/10/2023;
- to declare illegal the protocol of the confrontation between the victim IA.S. and the witness entitled to protection UK.K. dated 07/11/2023;
- to declare illegal the protocol of interrogation of UK.K. as a suspect dated 07/13/2023;
- to declare illegal the protocol of the confrontation between witness Ibadildauli S. and suspect UK.K. dated 07/13/2023;
- to recognize as illegal the actions of the investigator of the Talgar district Police Department Musabai A.K. on the failure to provide an interpreter and a defender during the procedural actions with UK.K.
Appendix: Certificate of general secondary education UK.K. in Uzbek.
08/04/2023 Nigmetov S.D.
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