COMPLAINT TO THE DISTRICT PROSECUTOR'S OFFICE REGARDING THE INVESTIGATOR'S INACTION
To the Prosecutor's Office of the Turan District of the City of Shymkent
ERDR: Case No. 267914031000483.
Applicant: Ka R A
IIN: ....
Resident of: Shymkent, ....
Representative under Power of Attorney:
Advocacy Office “Zan zhane Kukyk”
BIN 201240021767.
Attorney Sarganov 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 / +7 727 971 78 58.
COMPLAINT
regarding the inaction of Investigator A.A. Sagyndyk
Currently, a pre-trial investigation is being conducted by A.A. Sagyndyk, Investigator of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent, against AShDilmuratovna under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan, based on the statement of R. Aidaralievna Kasimova. 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 30 March 2026, R.A. Kasimova submitted a motion to the Turan District Police Department of the Police Department of the City of Shymkent requesting the retrieval of video surveillance recordings from the administration of the “Zhibek Zholy” market. The motion was registered in the “E-Otinish” information system under No. ZT-2026-01322193.
Pursuant to Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, a motion shall be considered and resolved immediately upon its submission, and where its immediate resolution is not possible, it shall be resolved no later than three days.
However, despite the expiration of the above-mentioned time limits, as of the present date, no procedural decision has been made by Investigator A.A. Sagyndyk regarding the said motion, nor has any response been provided regarding the outcome of its consideration.
This, in turn, constitutes inaction on the part of the investigator and indicates a failure to perform his duties to conduct a full, comprehensive and objective investigation of the criminal case.
Furthermore, taking into account that the video recordings specified in the motion are stored for a limited period of time, the investigator's inaction may result in the loss of important evidence, which may materially impede the establishment of the truth in the criminal case.
Pursuant to Part 1 of Article 100 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC), where procedural actions taken affect the interests of participants in the proceedings, as well as individuals and legal entities, they may, in accordance with the procedure established by this Code, challenge decisions and actions of the person conducting the pre-trial investigation, the prosecutor, the court or the judge.
Pursuant to Part 1 of Article 105 of the CPC, complaints against the actions (inaction) and decisions of persons conducting the pre-trial investigation, submitted by persons whose rights and interests have been violated, or by persons protecting the rights and interests of the persons they represent, shall be submitted to the head of the investigation department, the head of the inquiry body, the prosecutor, or the court.
Pursuant to Part 2 of the said Article, 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 made.
Pursuant to Part 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 under Article 105 of the CPC, shall, within the scope of their powers, 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 Part 24 of the Instruction, with respect to complaints upheld following their consideration under Article 105 of the CPC, as well as complaints considered by a superior official, the issue of liability of the guilty officials shall be considered simultaneously.
Guided by Articles 100, 105 and 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
I HEREBY REQUEST THAT YOU:
- Issue a binding instruction to Investigator A.A. Sagyndyk to ensure the immediate retrieval, examination and attachment to the materials of the criminal case of the video surveillance recordings from the territory of the “Zhibek Zholy” market, which constitute important evidence in the criminal case;
- Take measures to hold Investigator A.A. Sagyndyk of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent disciplinarily liable for the inaction committed.
Respectfully,
Representative under Power of Attorney / Attorney:G.T. Sarzhanov
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