A complaint to the investigative court is made by the investigator about the force of the decision to refuse to satisfy the defense's petition, which is considered illegal

To the Maktaaral District Court of Turkestan region

Maktaaral district, Myrzakent settlement, madikhodzhayev Street, house No. 17.

130209@sud.kz

From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich

Legal Office" law and law"

IIN 201240021767.

Republic of Kazakhstan, 050002, Almaty,

Almaly district, Abylai Khan Ave., house 79/71, office 304.

www.zakonpravo.kz info@zakonpravo.kz

Tel.: +7 708 578 57 58 / 8 727 978 57 55.

Suspect: AE K

Yin  

Turkestan region, Maktaaral district, village, Zhastar Street, house 12.

Complaint

(On the basis of Article 106 of the Criminal Code of the Republic of Kazakhstan to the actions of the prosecutor of Maktaaral District of Turkestan region, senior investigator of the TB Police Department of Maktaaral District D. K. Zhaksylyk)

Dear Court, the reason for our appeal to you is the gross injustice and lawlessness that occurred during the pre – trial investigation of the criminal case against the E. K. A. under my protection, and deception, and we are deeply dissatisfied with the irresponsible actions of unskilled employees of the police and the prosecutor's office. Their actions undermine the dignity of a law enforcement officer.

In the course of preparation for consideration of the materials of the case No. 5143-25-00-2-5m/4, which were transferred to the actions of the prosecutor of Maktaaral District of Turkestan region, senior investigator of the TB Police Department of Maktaaral district on the basis of Article 106 of the Criminal Code of the Republic of Kazakhstan on the basis of your production. 01.04.2025 is connected with the application of the Defense party to withdraw the complaint sent to the court with a promise to eliminate all violations sent by the preliminary investigation and the district prosecutor's office and satisfy all requests of the Defense party. In accordance with paragraph 5 of Article 100 of the Criminal Code of the Republic of Kazakhstan and taking into account the rules that do not prevent re-filing before the expiration of the terms specified in Article 102 of the criminal code of the Republic of Kazakhstan, we withdrew the complaint against the materials of the case in the investigative court without consideration on 01.04.2025.

         However, the investigative and prosecutor's office, which promised today 04.04.2025 until 20:30 hours, does not fulfill its obligations, abuses the trust and deceives the defense tarpaulin under various pretexts.

In accordance with Article 1 of the Constitutional Law of the Republic of Kazakhstan" on the prosecutor's office", the prosecutor's office on behalf of the state exercises High supervision over compliance with the rule of law in the territory of the Republic of Kazakhstan within the limits and forms established by law. In accordance with Article 5 of the law, the prosecutor's office carries out high supervision of the rule of law (hereinafter referred to as supervision).

So, as for the event, time, place, method, cause, consequences of a violation of Criminal Law, 19.03.2025 at 15:54 hours, registration on the electronic portal of the e-application no. ZT-2025-00914210, to the prosecutor of the Maktaaral District of the Turkestan region on the basis of Article 105 of the CPC of the Police Department of the Maktaaral District of the 24, 58, 64, 65-1,78, 99, 100, 105 in accordance with the articles, we wrote a complaint under the guidance of:

* Adopt acts of prosecutor's supervision or acts of prosecutor's response in order to eliminate violations of the rule of law in accordance with the procedure established by law;

* Bringing to disciplinary responsibility police officers responsible for non-performance or improper performance of official duties;

* Transfer of satisfaction of the petition, recognizing the decision of the investigator to refuse to satisfy the petition of the defense, adopted on March 13, 2025, as illegal;

* The suspect E. K. A copied the link to the sermon" Dilmurat Abu-Muhammad "and" Nazratullah Abu-Mariam "from the social network "watsap", containing 40 people in the group" Atakent Brothers "" Brothers", obliging the investigator to transfer a copy of the audio video clip to the defense;

* Respond to this application within the time limits established by Article 105, Part 2 of the Criminal Code of the Republic of Kazakhstan.

However, the responsible employee of the prosecutor's Office of Maktaaral District of Turkestan region Sarzhan Yerkebulan Yerzhanovich does not work out Article 105 of the Criminal Code of the Republic of Kazakhstan, but is guided by his own procedural code and works on the procedural deadline approved by him. In particular, the prosecutor's office did not receive a response within the time period specified in the procedural legislation.

As specified in Article 58 of the Criminal Code of the Republic of Kazakhstan, the prosecutor is an official within his competence exercising other powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this code, and in the presence of grounds for this, in accordance with the procedure provided for by this code, the prosecutor, by his decision, supervises the legality of pre-trial investigation.

As for the nature of the case, the materials of the criminal case No. 255143031000056 are considered in the Proceedings of the senior investigator of the TB of the Police Department of Maktaaral District of the Police Department of the Turkestan region D. K. Zhaksylyk (further investigator) on the signs of the composition of the criminal offense provided for by Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan.  

During the investigation, E. K. A was recognized as a suspect for intentional acts aimed at inciting religious discord, insulting the National Honor and dignity of citizens or religious feelings, and on March 2, 2025, he was detained in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan, arrested in a temporary detention center of the Police Department of Maktaaralsky district, and then arrested in a pre-trial detention center, sanctioned by the investigative court.

In accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the criminal process, to carry out procedural actions or to make procedural decisions to ensure the rights and legitimate interests of the person who applied with a petition or the person they represent.

     The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.

According to the investigator, "the suspect E. A. in the period from 01.07.2024 to 01.01.2025, together with his acquaintance Baglan Yerzhanovich Musabekov, born on 23.06.1991, in a preliminary conspiracy with 40 people in the group "Atakent Brothers" on the social network "watsap", prohibited by law for the promotion of the religion of a negative orientation, which they profess "Dilmurat Abu – Muhammad" deliberately committed the crime of inciting religious discord by repeatedly distributing the sermons of Mahamatov Dilmurat and nazratullah Abu-Mariam". "what's the matter?"

In this regard, 09.03.2025 at 14:22 hours, the Defense sent a petition to the investigator (at 14:29 hours, a copy of the petition was sent to the investigator's WhatsApp number), in which we were told that there is a need to get a copy of the audio-video clip sent by the investigator in the group "Atakent Brothers" on the social network "WhatsApp", which includes 40 people, by copying the link of the suspect's name from the YouTube social network we sent it as a petition.

 However, on March 13, 2025, the investigator issued a decision to refuse to satisfy the application letter in which the investigator stated: “on 11.03.2025, the lawyer of the Almaty City Bar Association Sarzhanov Galymzhan Turlybekovich, who has a license to practice law No. 20015783 on the name of the suspect E., wrote an application through the e-application portal with the number ZT-2025-00785838.

In this application letter, the suspect indicated that E. K. A copied the link to the sermon "Dilmurat Abu-Muhammad" and "Nazratullah Abu-Mariam" from the open YouTube social network, and the link to the audio video clip sent by 40 people in the group "Atakent Brothers" on the social network "watsap" nemse saudio-a copy of the video clip.

The claim of the defender Sarzhanov Galymzhan Turlybekovich is subject to refusal of satisfaction. Because due to the fact that the materials you are requesting are confidential and the secret investigations are not declassified at the moment, the documents you are requesting will be refused."

We cannot agree with the decision of the above-mentioned Teregor to refuse to satisfy the petition dated March 13, 2025, since we are not asking the investigator for materials obtained by secret investigations, we copy the link to the sermon "Dilmurat Abu-Muhammad" and "Nazratullah Abu-Mariam" from the public YouTube network, which contains 40 people in the group "Atakent brothers" in the social network "watsap" I don't know, " he said.

However, the investigator considers the case unilaterally, without taking into account these circumstances, without taking all measures for a comprehensive, complete and objective study of the circumstances of the case, and follows only the side of the accusation of the suspect.

In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.

In accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the criminal process, to carry out procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person who applied or represented by them.

In accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan, complaints against the actions (omissions) and decisions of persons conducting pre-trial investigations filed by persons protecting their rights and interests or the rights and interests represented by them are submitted to the head of the investigation department, the head of the inquiry body, the prosecutor or the court. Complaints about the actions (omissions) and decisions of the prosecutor are submitted to a higher prosecutor.

The prosecutor, the head of the investigative department, the head of the inquiry body are obliged to consider the complaint within seven days from the moment of its receipt and notify the person who filed the complaint about the decision made. Complaints about a violation of the law during detention, recognition as a suspect, qualification of the suspect's actions, suspension from office, unauthorized inspection, search, seizure, temporary restriction of the disposal of property, suspension of transactions with property and other operations are subject to consideration within three days from the date of receipt. In exceptional cases, when it is necessary to request additional materials for checking the complaint or take other measures, it is allowed to consider the complaint within a period of up to fifteen days with notification of this to the person who filed the complaint.

As specified in the norm of Article 19 of the Criminal Procedure Code of the Republic of Kazakhstan "presumption of innocence", everyone is considered innocent until his guilt in committing a criminal offense is proven in accordance with the procedure provided for by this code and established by a court verdict that has entered into legal force. No one with son is obliged to prove his innocence.

According to Article 106 of the Criminal Code of the Republic of Kazakhstan, a person whose rights and freedoms of a suspect in a criminal case are directly affected by the actions (omissions) and decisions of the prosecutor, investigative and inquiry bodies has the right to apply to the court with a complaint to refuse to accept an application for a criminal offense, a violation of the law in the commission of actions (omissions) and making decisions.

A complaint may be submitted to the District Court at the place of residence of the body conducting the criminal process within fifteen days from the date of familiarization of the person with the disagreeable decision, or within the same period after receiving the notification of the prosecutor about the refusal to satisfy the complaint filed in his name, or from the day fifteen days after filing the complaint, if the answer to the complaint submitted to the prosecutor has not been received.

Based on the above and in accordance with Articles 106 of the Criminal Code of the Republic of Kazakhstan,

We ask the court:

* Cancellation of the investigator's decision to refuse to satisfy the defense's petition dated March 13, 2025 – recognizing it illegal;

* The suspect E. K. A copied the link to the sermon" Dilmurat Abu-Muhammad "and" Nazratullah Abu-Mariam "from the social network "watsap", containing 40 people, the link to the audio-video clip sent by the group" Atakent brothers "in the social network" Atakent Brothers", obliging the prosecutor and investigator to provide a copy of the audio-video clip to the defense;

* Assign the prosecutor and investigator the obligation to eliminate violations of the rights and legitimate interests of the E. K. name in a criminal case and ensure prompt response to all requests sent;

* In order to eliminate violations of the rule of law in accordance with the procedure established by law and in order to bring to disciplinary responsibility employees of the prosecutor's office and police responsible for non-performance or improper performance of official duties.

Best regards,

Defender: Sarzhanov Galymzhan Turlybekovich

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