Article 39. Detention in a disciplinary isolation unit, temporary isolation unit of the Law On the Procedure and Conditions of Detention of Persons in Special Institutions, Special Rooms Providing Temporary Isolation from Society
1. Suspects and accused persons may be placed in a disciplinary isolation unit, and minors may be placed in temporary isolation for:
1) harassment and insulting of other suspects and accused;
2) disobeying the lawful demands of employees of places of detention or other persons, or insulting them;
3) repeated violation of isolation rules;
4) storage, manufacture and consumption of alcoholic beverages;
5) storage, manufacture and use of other items, substances and foodstuffs prohibited for storage and use;
6) participation in gambling.
2. Punishment in the form of placement in a disciplinary isolation unit or temporary isolation is also applied to suspects and accused persons who have previously been reprimanded two or more times.
3. Placement in a disciplinary isolation unit or temporary isolation unit is carried out on the basis of a decision of the head of the administration of the place of detention or a person acting on his duties, and the conclusion of a medical professional on the possibility of keeping a suspect or accused in a disciplinary isolation unit or temporary isolation unit.
4. In the disciplinary isolation ward, suspects and accused persons are provided with an individual sleeping place and bedding only during bedtime at set hours.
5. Suspects and accused persons placed in disciplinary isolation are prohibited from temporary isolation:
1) correspondence, meetings, except meetings with the defender;
2) purchase of food and basic necessities;
3) receiving letters, parcels and transfers;
4) use of board games, books, newspapers, magazines and other literature.
Parcels and transfers are handed over to suspects and accused persons after the end of their stay in a disciplinary detention facility, a temporary isolation facility.
Other restrictions not provided for in this article with respect to suspects and accused persons held in a disciplinary detention facility or a temporary isolation facility are not allowed.
They shall send proposals, applications and complaints in accordance with the procedure provided for in Article 20 of this Law.
6. The head of the administration of the place of detention or a person performing his duties has the right to postpone the execution of a penalty in the form of placement in a disciplinary isolation unit, temporary isolation, and early release of the suspect or accused, taking into account medical indications. If the period of postponement of execution of the penalty for medical reasons has exceeded one month from the date of imposition, the suspect or the accused is released from the penalty.
7. Women with infants, pregnant women and minors are not placed in a disciplinary isolation unit.
The Law of the Republic of Kazakhstan dated March 30, 1999 No. 353-I.
This Law defines the legal basis for the activities of special institutions and special premises that legally provide temporary isolation from society, and also establishes the rights and obligations of the persons contained therein.
President
Republic of Kazakhstan
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