Article 14. Appeals of convicted persons of the Penal Enforcement Code of the Republic of Kazakhstan

Home / RLA / Article 14. Appeals of convicted persons of the Penal Enforcement Code of the Republic of Kazakhstan

1. Appeals of convicted persons to arrest or imprisonment addressed to higher management bodies of institutions or bodies executing punishments, the court, prosecutor's offices, other state bodies, public associations, as well as international organizations for the protection of human rights and freedoms, are sent through the administration of institutions or bodies executing punishments. Convicted persons can submit appeals addressed to the court, prosecutor's offices and other state bodies in the form of an electronic document. The administrations of the institutions ensure that such appeals are filed in the places of direct residence of those sentenced to imprisonment, with the exception of institutions with cell conditions of detention, where the administrations provide such appeals in places accessible to convicts in accordance with the procedure established by the internal regulations of the institutions. Persons sentenced to other types of punishments and measures of criminal legal influence send appeals independently.

2. Special mailboxes are provided in institutions and bodies executing sentences for convicts to file complaints about illegal actions of their officials. Once a week, appeals submitted to mailboxes are withdrawn by the prosecutor with the participation of representatives of the administration of the institution or the body executing the punishment, and an act is drawn up. Special mailboxes are installed on the territory and in the premises of institutions and bodies executing sentences, in places accessible to convicts.

3. Appeals of convicted persons to arrest or imprisonment addressed to state bodies exercising control and supervision over the activities of institutions and bodies executing sentences, as well as to the Commissioner for Human Rights in the Republic of Kazakhstan, are not subject to control and are sent to the addressee no later than one day.

4. Correspondence between a person sentenced to imprisonment or arrest and a lawyer is not subject to control.

5. Persons sentenced to arrest or imprisonment may submit complaints about the use of torture and other cruel, inhuman or degrading treatment or punishment through members of the national preventive mechanism.

6. An appeal on behalf of a convicted person may not be submitted by anyone without his consent.

7. Appeals of convicted persons regarding decisions or actions of the administration of institutions and bodies executing punishments shall not suspend their execution, except in cases provided for by law.

8. The convicted person who filed the complaint must be notified of the decision taken on the complaint. The refusal to satisfy the complaint must be motivated.

9. It is not allowed to file a complaint to the detriment of the convicted person who filed the complaint.

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Republic of Kazakhstan

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