Complaint about the investigator's inaction to the Prosecutor's office of the Turan district of Shymkent

To the Prosecutor's Office of the Turan District of Shymkent

Under ERDR No. 267914031000483.

Complainant: KRA

IIN: ...

Resident of Shymkent, Asar-2 microdistrict, .... house.

Representative under Power of Attorney:

“Zakon i Pravo” Law Office

BIN 201240021767.

Attorney Sarzhanov Galymzhan Turlybekovich

Republic of Kazakhstan, 050002, Almaty, Almaly District,

79/71 Abylai Khan Avenue, Office 304.

info@zakonpravo.kzwww.zakonpravo.kz

Tel.: +7 708 971 78 58 / 8 727 971 78 58.

COMPLAINT

regarding the inaction of Investigator U.N. Talip

At present, Investigator A.A. Sagyndyk of the Investigation Department of the Turan District Police Department of the Police Department of Shymkent, who is handling the case, is conducting a pre-trial investigation, based on the complaint of KRA, against AShD under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan. The said criminal case has been registered in the Unified Register of Pre-Trial Investigations (hereinafter – the ERDR) under No. 267914031000483.

Within the framework of the said criminal case, on 7 April 2026, a motion to recognize as witnesses within the framework of the said criminal case and to interrogate them, in accordance with the list submitted by R.A. K., namely K.K.O., A.A.B., S.A. R., L.S.O., N.M.F., T.N. Ab., N.N.A., A.A.U., I.B.S., D.A.N., the person indicated as “K. Tashkent Tovar”, and Saipova Gavkhar Khusanovna, concerning the “Barys” wholesale market, was submitted to the Turan District Police Department of the Police Department of Shymkent. The said application was registered in the E-Otinish information system under No. ZT-2026-01444431.

Pursuant to Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC), a motion shall be considered and resolved immediately upon its submission, and if it is impossible to resolve it immediately, it shall be resolved no later than three days.

However, to date, Investigator U.N. Talip has not only failed to provide any response to the motion, but also has failed to carry out the necessary investigative actions aimed at a full, comprehensive and objective investigation of the criminal case.

In particular:

– R.A. K. has not been interrogated to date;

– R.A. K. has not been recognized as a victim in accordance with the established procedural procedure;

– no full procedural response has been provided to the initial complaint submitted by the injured party;

– video surveillance recordings have still not been obtained from the administration of the “Zhibek Zholy” market;

– motions to interrogate witnesses have not been considered, and no response has been provided within the period prescribed by law;

– the suspected person AShD has still not been summoned for interrogation.

These circumstances indicate the investigator’s inaction and the unjustified delay in the criminal case despite the existence of simple and obvious evidence.

In particular, the video recordings submitted in the materials of the criminal case clearly show the actions of the suspected person, with time indications down to the minute and second. Thus, the time, method and scope of the commission of the crime are clearly established. Nevertheless, the failure to conduct investigative actions is unjustified.

Pursuant to Article 192 of the CPC, pre-trial investigation shall be completed within a reasonable period, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of examination of the circumstances of the case, but within a period not exceeding the limitation period for criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.

When determining the reasonable period of pre-trial investigation, such circumstances as the legal and factual complexity of the criminal case, the exercise of procedural rights by participants in pre-trial proceedings, and the manner in which the person conducting the pre-trial investigation exercises his or her powers for the purpose of conducting pre-trial proceedings in a timely manner shall be taken into account.

However, the said criminal case is not complex by its nature, there is sufficient evidence, while the investigator’s inaction is resulting in an unjustified delay of the case.

Pursuant to Part 2 of the same Article 192 of the CPC, pre-trial investigation in cases of criminal misdemeanors shall be completed within one month, and in cases subject to preliminary investigation, within two months. The prosecutor shall have the right to revise these periods by establishing a reasonable period for the pre-trial investigation.

Pursuant to Part 1 of Article 105 of the CPC, complaints against actions (inaction) and decisions of persons conducting pre-trial investigation, submitted by persons whose rights and interests are affected, or by persons protecting the rights and interests of the persons whom they represent, shall be submitted to the head of the investigation department, the head of the inquiry body, the prosecutor, or the court.

Part 2 of this Article provides as follows: the prosecutor, the head of the investigation department, and the head of the inquiry body shall consider the complaint within seven days from the date of its receipt and notify the person who filed the complaint of the decision taken.

Pursuant to paragraph 21 of the Instruction on the Procedure for Considering Complaints against Procedural Decisions and Actions (Inaction) of Officials Conducting Proceedings in a Criminal Case (hereinafter – the Instruction), the head of the investigation department, the head of the inquiry body and the prosecutor authorized to consider complaints pursuant to Article 105 of the CPC, within the scope of their powers, shall be obliged to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.

Pursuant to paragraph 24 of the Instruction, with respect to complaints granted that have been considered pursuant to Article 105 of the CPC, as well as complaints considered by a superior official, the issue of the liability of the guilty officials shall simultaneously be considered.

Guided by Article 105 and subparagraphs 3-1) and 5) of Part 1 of Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan,

I REQUEST THAT YOU:

· Take the said criminal case (ERDR No. 267914031000483) under personal control and prosecutorial supervision;

· Taking into account the circumstances of the criminal case, establish a reasonable period for the pre-trial investigation and establish a specific period of 1 (one) month for Investigator U.N. Talip to conduct the investigation in the criminal case;

· Give the investigator a mandatory instruction to fully, comprehensively and objectively carry out, within the specified period, all necessary investigative actions in the criminal case, such as recognizing the victim in accordance with the procedural procedure and interrogating him/her, interrogating witnesses, summoning the suspected person for interrogation, obtaining video recordings and attaching them to the materials of the criminal case;

· Ensure that unjustified delay of the criminal case is not permitted;

· Consider the issue of bringing Investigator U.N. Talip of the Investigation Department of the Turan District Police Department of the Police Department of Shymkent to disciplinary liability for the inaction committed by him.

Respectfully,

Representative under Power of Attorney / Attorney: G.T. Sarzhanov

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