Complaint about police inaction about red tape in the investigation of a criminal case
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To the Specialized Interdistrict Investigative Court of the Almaty region
040000, Almaty region, Taldykorgan city, 69 Kablisa Zhyrau street. 8 xxxxxx, xxxxxx.
from the Victim: Xxxxxxxx xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx
Almaty region, Karasai district ........
Proxy Representative: Law and Law Law Firm
BIN Xxxxxxxxxx Almaty, 79/71 Abylai Khan Ave., office 304.
info@zakonpravo.kz / www.zakonpravo.kz + 7 727 978 5755; +7 708 578 5758
Claim
on the inaction of the Police Department of the Zhambyl district of the DP of the Almaty region on red tape in the investigation of a criminal case
The reason for our appeal to you was the blatant injustice and lawlessness following the investigation of criminal case No. 191942031001935, registered on 11/30/2019 under art. 317 Part 3 of the Criminal Code of the Republic of Kazakhstan (Improper performance of professional duties by medical or pharmaceutical workers). On 28.11.2019, the office of the OP of Zhambyl district received an appeal from gr....... P.D. to take measures against the medical staff of the Central Hospital of Zhambyl district on the fact of improper performance of professional duties by medical workers, which negligently resulted in the death of her son gr........ He was hospitalized in the Central Hospital of the district on 06/21/2019 as a result of an accident on the Almaty-Bishkek highway. We believe that the doctors of the Zhambyl district hospital department did not professionally fulfill their duties, negligently treated their duties, abusing their official powers.
Complaint about police inaction about red tape in the investigation of a criminal case
Because if doctors had taken an X-ray in a timely manner, namely immediately after admission, and the operation would have saved the life and future of Burkhanov B. The irresponsible, groundless self-confidence of doctors, negligence and careless attitude towards patients generates hundreds of deaths of citizens in our country, respectively, Burkhanov B., is no exception, who was only 18 years old. Dear Kassym-Jomart Kemelevich, in his annual address to the people of Kazakhstan, he emphasizes that Ensuring the quality and accessibility of medical services is one of the priorities of the state. Subsequently, all of our above arguments were confirmed by the Conclusion of the Committee for Quality Control and Safety of Goods and Services of the Ministry of Health of the Republic of Kazakhstan, and an unscheduled inspection was conducted at the State Enterprise for the Zhambyl Central District Hospital, the Health Department of the Almaty Region (hereinafter referred to as the Hospital). During the inspection, it was established that gr....... B.A., was admitted as an emergency to the surgical department of the Hospital. At the same time, the commission revealed violations committed by the Hospital's medical staff in providing assistance to patients......... B.A., namely: - underestimation of the severity of the patient's condition; - unjustified hospitalization in the surgical department; - delayed diagnosis of intestinal rupture, which led to diffuse fecal peritonitis; - late surgical intervention. The results of the inspection and materials were sent to the Police Department of the Zhambyl district of the Police Department of the Almaty region to give a legal assessment of the actions of medical workers. However, no action was taken by the police officers on this fact. The criminal case was terminated due to unclear circumstances.
Complaint about police inaction about red tape in the investigation of a criminal case
Subsequently, on November 30, 2019, due to the lack of qualifications of doctors who made a medical mistake, we independently sent a Statement to the police about bringing doctors to criminal responsibility in order to establish justice in the healthcare sector. A criminal case was initiated in the Police Department of the Zhambyl district of the Police Department of the Almaty region for No. 191942031001935 dated November 30, 2019 under art. 317 Part 3 of the Criminal Code of the Republic of Kazakhstan - subsequently, the said criminal case was terminated due to unclear circumstances. However, to date, we do not know anything about the progress and results of the criminal case. In addition, it has been a year and a half since the criminal case was initiated. Whereas Part 2 of Article 192 of the CPC of the Republic of Kazakhstan stipulates that the pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation. According to the above-mentioned material of the pre-trial investigation, the investigator is very negligent, which indicates that since registration in the ERDR since November 2019, no one has been involved in this case, while the Conclusion of the Committee for Quality Control and Safety of Goods and Services of the Ministry of Health of the Republic of Kazakhstan established the doctors' guilt in the death of gr ........ B. We are extremely outraged by the irresponsible actions of an incompetent police officer who defames the good name of a Policeman. On March 20, 2020, we filed a Complaint with the Ministry of Internal Affairs of the Republic of Kazakhstan, where later on 04/17/2020 we received a response from the Deputy Head of the Investigative Department, Mr. K. On April 14, 2020, on the instructions of the Investigative Department of the Ministry of Internal Affairs, the investigation period was resumed, the Police Department of the Almaty region was instructed to ensure a full, comprehensive and an objective investigation, including taking into account Our arguments.
Complaint about police inaction about red tape in the investigation of a criminal case
An internal audit was conducted on the fact of an improper investigation by the DP of the Almaty region, as a result of which the guilty officials of the OP of the Zhambyl district were brought to disciplinary responsibility. On 08/04/2020, after such a long absence of the results of the investigation, we submitted an Application to the Prosecutor's Office of the Almaty region in order to avoid red tape in the criminal case, where later the Prosecutor's Office, in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, sends us a resolution to satisfy our Complaint about the actions of police officers. The Prosecutor's office of Zhambyl district, during the study of the materials of the criminal case, established that the investigator of the Zhambyl district police department, N. Beketbaev, had not taken all necessary measures for a comprehensive, complete and objective investigation of the circumstances of the case, in accordance with art.24 of the CPC RK. To date, the medical staff of the Central Hospital of the district who took up duty on the day of admission of gr........ B.A., as well as the doctors who operated on the latter, have not been questioned in the case. A commission forensic medical examination has not been appointed in the criminal case to determine the causes of death of Gr. .....B.A., and a number of other investigative actions have not been carried out. In connection with the consideration of the applicant's arguments, the district Prosecutor's office, the decision of the investigator OP Zhambyl district, gr. ........ N. on interrupt periods of pre-trial investigation canceled for the specific investigative actions. Based on these violations by investigator gr........ We have submitted an application to the Department of Internal Security of the Department of Internal Affairs of the Almaty region and the Police Department of the Almaty region for criminal or disciplinary prosecution of investigator gr........ Nursultan for non-fulfillment and red tape of the criminal case. 09.On 09.2020, we received a response from the DP of the Almaty region, where: In the criminal case, the investigator from the OP of the Zhambyl district, gr.......N., was assigned, who, failing to ensure the completeness of the investigation in the case, prematurely interrupted the terms of the pre-trial investigation in accordance with art.45 part 7 paragraph 1 of the CPC RK.
The Investigative Department of the DP of the region has instructed to reopen the criminal case and carry out all investigative measures provided for by law aimed at ensuring the completeness of the pre-trial investigation, during which your arguments will be fully verified. 09/08/2020. The terms of the pre-trial investigation have been resumed, the criminal case is under investigation by investigator N. Beketbaev. For the violations committed, an internal investigation was conducted against the officials, as a result of which the perpetrators were brought to disciplinary responsibility. We later received a similar response to our complaint from the Ministry of Internal Affairs, where the investigator was also punished and the case was taken under control and given instructions. Subsequently, due to the delay in the investigation of the criminal case, on March 10, 2021, a complaint was repeatedly filed with the Prosecutor's Office of the Zhambyl district, which on March 18, 2021 replied that the investigator had appointed a comprehensive commission forensic medical examination on December 23, 2020 and after receiving the results of the examination, a procedural decision would be made, while the Prosecutor's Office did not take into account that More than four months have passed since the appointment of the examination. In addition, we were not familiar with the investigator's Decision on the appointment of an expert examination and were deprived of putting our questions before the expert.
Complaint about police inaction about red tape in the investigation of a criminal case
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
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