A complaint to the prosecutor's office about the adoption of an act of prosecutorial supervision or acts of prosecutorial response to eliminate violations of the rule of law

 

 

 

To the prosecutor of the Makhtaaral district of the Turkestan region

Turkestan region, Maktaaral district,Myrzakent settlement,

Kuandykova St., building 84e-mail: 7254101@prokuror.kz

 

From the defender:Lawyer Sarzhanov Galymzhan Turlybekovich

Law and Law Law FirmBIN 201240021767

Almalinsky district, Almaty, 050002, Republic of Kazakhstan

79/71 Abylai Khan Ave., district,

Office 304

www.zakonpravo.kzinfo@zakonpravo.kz

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

Suspect: Eshchamshedovich

IIN ....

Turkestan region, Maktaaral district

 

 

Claim

(based on Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan to the prosecutor of the Maktaaral district of the Turkestan region for actions by the OP of the Maktaaral district of the DP of the Turkestan region)

 

 

The reason for our appeal to you is the gross injustice and illegality committed during the pre-trial investigation of the criminal case against my client Ea Sh.Ch., we express serious dissatisfaction with the irresponsible actions of police officers. Their actions damage the credibility of law enforcement agencies.

According to 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, within the limits and forms established by law, exercises supreme supervision over the observance of legality in the territory of the Republic of Kazakhstan.

In accordance with article 5 of this Law, the Prosecutor's Office exercises supreme supervision over legality.

As for the event of violation of the procedural legislation, its time, place, method, causes and consequences, we inform you the following.

On 03/26/2026, at 16:41, through the E-onish electronic portal, registration number ZT-2026-01261174, we submitted a Petition for the admission of a defender to participate in a criminal case and familiarization with the materials of the criminal case on the basis of Articles 64 and 99 of the Criminal Procedure Code of the Republic of Kazakhstan, in which we requested:

· To allow the defense lawyer, Galymzhan Turlybekovich Sarzhanov, to participate in the criminal case as a defender of Ea Sh.Ch.;

·       To familiarize with all the procedural documents in the case against Ea Sh.Ch. and provide copies of them;

·       Provide a link or a copy of the audio and video materials sent by Eim Sh.Ch. to the Atakent Bauyrlar group on the WhatsApp social network (consisting of 40 participants), namely links to the sermons "Dilmurat Abu Muhammad" and "Nazratullah Abu Mariam" published on the YouTube social network;

· Provide an answer to this petition within the time limits established by Article 99 of the CPC RK.

 

However, the responsible officer of the OP of the Maktaaral district of the Turkestan region, ignoring the requirements of Article 105 of the CPC of the Republic of Kazakhstan, is guided by his own procedural deadlines, in fact, not complying with the requirements of the law, ignores the Lawyer's petition.

According to part 3 of Article 60 of the Criminal Procedure Code of the Republic of Kazakhstan, the investigator is obliged to take all measures for a comprehensive, complete and objective investigation of the circumstances of the case.

In accordance with Article 105 of the CPC of the Republic of Kazakhstan, complaints about actions (inaction) and decisions of persons conducting a pre-trial investigation are submitted to the head of the investigative unit, the head of the body of inquiry, the prosecutor or the court.

The prosecutor, the head of the investigative unit or the head of the body of inquiry are obliged to consider the complaint within seven days from the date of its receipt and notify the applicant of the decision.

 

Based on the above and guided by Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan,

ask:

· Adopt acts of prosecutorial supervision or acts of prosecutorial response to eliminate violations of the rule of law;

· to bring to disciplinary responsibility police officers guilty of improper performance of official duties;

· oblige the Defense Department of the Maktaaral district to provide a reasoned response to the defender;

· provide a response to this appeal within the time limit set by Part 2 of Article 105 of the CPC RK.

 

Sincerely, Lawyer                  Sarzhanov Galimzhan Turlybekovich

 

 

 

 

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