Complaint against the investigator for late response to the lawyer's request and red tape in the criminal case
To the Head of the Investigative Department of the
Ministry of Internal Affairs, Major General of Police
To Mukhtar Zhumabaevich Kozhaev
Astana, Almaty district, Tauelsizdik Avenue, 1.
8 (7172) 71-41-06
From the victim: S E D
IIN
Almaty region, Talgar audany, Zhana kurlis
+7 700
The victim's representative is a lawyer
Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79/71 Abylai Khan Ave., office 304, Almaty.
info@zakonpravo.kz / www.zakonpravo.kz
+ 7 727 978 5755; +7 708 578 5758.
Claim
to the investigator for the late response to the lawyer's petition and the red tape of the criminal case
In the proceedings of the SU DP of Almaty, a senior investigator, a police major, is investigating a criminal case against attorney AOK Ashimkhanov A., upon the commission of a criminal offense provided for under art. 190, Part 4, paragraph 2 of the Criminal Code of the Republic of Kazakhstan, according to the Application of the SE.D., registered in the ERDR for No. 217500031000408.
To date, the pre-trial investigation authorities have conducted investigative actions to interrogate the parties to the criminal case and other witnesses in accordance with Chapter 26 of the Criminal Procedure Code of the Republic of Kazakhstan.
However, in the framework of the above-mentioned criminal case, the pre-trial investigation body did not conduct confrontations between the participants in the criminal case, as we believe there are significant contradictions in the testimony between SE.D., with Ashimkhanov A. questioned as a witness, and we also believe there is a contradiction between the victim and Ashimkhanov A. questioned as a witness.
In accordance with Article 218 of the Criminal Procedure Code of the Republic of Kazakhstan, it is stipulated that the person conducting the pre-trial investigation has the right to conduct a confrontation between two previously interrogated persons, if there are significant contradictions in their testimony, in order to clarify the causes of these contradictions.
The petition for No.ZT-2024-05984726 by the pre-trial investigation body was granted by Resolution dated "21" 11. 2024, however, to this day, no investigative actions have been carried out.
As part of the pre-trial investigation, there was a need to request correspondence on the WhatsApp messenger between the applicants CE.D. tel. +7 701, +7 701 and AA, tel. +7 702, in the period from 05/01/2018 to 05/31/2021. Since there is important information for the criminal case in the correspondence confirming the criminal actions of Ashimkhanov A.
There is also a need for claims in the criminal case registered in the ERDR No.217500031000408 detailing incoming and outgoing calls between applicants SE.D. tel. +7 701, +7 701 and Ashimkhanov A, tel. +7 702, during the period from 05/01/2018 to 12/31/2021. Since there is important information for the criminal case confirming the criminal actions of A. A.
The request for TT-2024-05984726 was granted by the investigator, as far as we know from the investigator's words, but to this day we have not received the Resolution and or the results of the request.
Subsequently, we filed a complaint with the Almaty City Prosecutor's Office for No.ZT-2025-02530647, which was redirected, the Almaly district Prosecutor's Office, in turn, the Almaly District Prosecutor's Office redirected our complaint to the Almaty city SU DP for ex. No. 2-17-25-04432 dated 08/01/2025, according to which we received a formal response, which to this day has not been executed by the investigator.
Part 1 of Article 23 of the Criminal Procedure Code of the Republic of Kazakhstan establishes that criminal proceedings are conducted on the basis of the principle of competition and equality of the parties to the prosecution and defense.
Article 99 of the CPC of the Republic of Kazakhstan provides that participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation with petitions for procedural actions or making procedural decisions to establish circumstances relevant during the criminal process, to ensure the rights and legitimate interests of the person who filed the petition or the person they represent. The application is subject to review and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved no later than three days from the date of the application.
102 of the Criminal Procedure Code of the Republic of Kazakhstan, complaints against the actions and decisions of an inquirer, body of inquiry, investigator, prosecutor, judge or court may be filed during the entire pre-trial investigation and trial. Complaints against the decision to terminate a criminal case at the pre-trial stage may be filed within one year from the date of the relevant decision of the criminal prosecution body or its approval by the prosecutor.
According to Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, complaints filed by persons defending their or represented rights and interests against the actions (inaction) and decisions of persons conducting a pre-trial investigation are submitted to the head of the investigative department, the head of the body of inquiry, the prosecutor or the court.
On the grounds of the above and in accordance with Articles 23, 70, 90, 122 of the Criminal Procedure Code of the Republic of Kazakhstan,
I ask you to:
· To oblige the pre-trial investigation body to immediately respond to all sent petitions and carry out investigative actions;
· To bring to disciplinary responsibility an official who committed a violation of the norms of procedural law;
· To respond to the complaint within the prescribed time limits.
With respect,
lawyer: Sarzhanov G.T.
Attention!
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