Complaint to the Prosecutor General on bringing to disciplinary responsibility of the prosecutor's office, police officers responsible for non-performance or improper performance of official duties
Prosecutor General Of The Republic Of Kazakhstan
Asylov Berik Nogayevich
010000, Astana, Mangilik El Ave., 14.
+7 (7172) 71-28-68, +7 (7172) 30-15-30
From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich
Legal Office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly
district, Abylai Khan Avenue, house 79/71, office 304.
www.zakonpravo.kz info@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: MCI
Yin
Turkestan Region, District m, Village N E, Zhastar Street, house 12.
Complaint
(To the prosecutor of Maktaaral District of Turkestan region on the basis of Article 105 of the Criminal Code of the Republic of Kazakhstan, to the actions of D. K. Zhaksylyk, senior investigator of the TB Police Department of Maktaaral District of the Police Department of the Turkestan region)
Dear Berik Nogayevich, the reason for our appeal to you is the gross injustice and lawlessness that occurred during the pre – trial investigation of the criminal case against the AK E. K. under my protection, and we are deeply dissatisfied with the irresponsible actions of unskilled employees of the police and the prosecutor's office. Their actions undermine the dignity of a law enforcement officer.
In accordance with Article 1 of the Constitutional Law of the Republic of Kazakhstan" on the prosecutor's office", the prosecutor's office on behalf of the state exercises High supervision over compliance with the rule of law in the territory of the Republic of Kazakhstan within the limits and forms established by law. In accordance with Article 5 of the law, the prosecutor's office carries out high supervision of the rule of law (hereinafter referred to as supervision).
So, as for the circumstances, time, place of the violation of criminal law, its method, causes and consequences, on 03/19/2025 at 15:54 hours, an E-statement via the electronic portal registration number YUL-2025-00914210 to the prosecutor of the Maktaaral district of the Turkestan region on the basis of Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan on the basis of a statement from the Maktaaral Police Department In response to the actions of the senior investigator of the TB department, D. K. Zhaksylyk, in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, we requested the following:
* Adopt acts of prosecutor's supervision or acts of prosecutor's response in order to eliminate violations of the rule of law in accordance with the procedure established by law;
* Bringing to disciplinary responsibility police officers responsible for non-performance or improper performance of official duties;
* Transfer of satisfaction of the petition, recognizing the decision of the investigator to refuse to satisfy the petition of the defense, adopted on March 13, 2025, as illegal;
* The suspect E. K. A copied the link to the sermon" Dilmurat Abu-Muhammad "and" Nazratullah Abu-Mariam "from the social network "watsap", containing 40 people in the group" Atakent Brothers "" Brothers", obliging the investigator to transfer a copy of the audio video clip to the defense;
* Respond to this application within the time limits established by Article 105, Part 2 of the Criminal Code of the Republic of Kazakhstan.
As for the nature of the case, the materials of the criminal case No. 255143031000056 are considered in the Proceedings of the senior investigator of the TB of the Police Department of Maktaaral District of the Police Department of the Turkestan region D. K. Zhaksylyk (further investigator) on the signs of the composition of the criminal offense provided for by Part 2 of Article 174 of the Criminal Code of the Republic of Kazakhstan.
During the investigation, E. K. A was recognized as a suspect for intentional acts aimed at inciting religious discord, insulting the National Honor and dignity of citizens or religious feelings, and on March 2, 2025, he was detained in accordance with Article 131 of the Criminal Code of the Republic of Kazakhstan, arrested in a temporary detention center of the Police Department of Maktaaralsky district, and then arrested in a pre-trial detention center, sanctioned by the investigative court.
In accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the criminal process, to carry out procedural actions or to make procedural decisions to ensure the rights and legitimate interests of the person who applied with a petition or the person they represent.
The petition is subject to consideration and resolution as soon as it is declared. In cases where it is not possible to make a decision on the application immediately, it must be resolved no later than three days from the date of its application.
According to the investigator, "the suspect E. A. in the period from 01.07.2024 to 01.01.2025, together with his acquaintance Baglan Yerzhanovich m, born on 23.06.1991, a resident of the House No. 11B, Kazakhstan Street, Maktaaral district, Atakent settlement, maktaaral District, 40 people in the group "Atakent Brothers" on the social network "watsap", prohibited by law for the promotion of the religion of a negative orientation, which they profess "Dilmurat Abu – Muhammad" deliberately committed the crime of inciting religious discord by repeatedly spreading the sermons of mahamatov Dilmurat and nazratullah Abu-Mariam". "I do not know," he said.
In this regard, 09.03.2025 at 14:22 hours, the Defense sent a petition to the investigator (at 14:29 hours, a copy of the petition was sent to the investigator's WhatsApp number), in which we were told that there is a need to get a copy of the audio-video clip sent by the investigator in the group "Atakent Brothers" on the social network "WhatsApp", which includes 40 people, by copying the link of the suspect's name from the YouTube social network we sent it as a petition.
However, on March 13, 2025, the investigator issued a decision to refuse to satisfy the application letter in which the investigator stated: “on 11.03.2025, the lawyer of the Almaty City Bar Association Sarzhanov Galymzhan Turlybekovich, who has a license to practice law No. 20015783 on the name of the suspect E., wrote an application through the e-application portal with the number ZT-2025-00785838.
In this application letter, the suspect indicated that E. K. A copied the link to the sermon "Dilmurat Abu-Muhammad" and "Nazratullah Abu-Mariam" from the open YouTube social network, and the link to the audio video clip sent by 40 people in the group "Atakent Brothers" on the social network "watsap" nemse saudio-a copy of the video clip.
The claim of the defender Sarzhanov Galymzhan Turlybekovich is subject to refusal of satisfaction. Because due to the fact that the materials you are requesting are confidential and the secret investigations are not declassified at the moment, the documents you are requesting will be refused."
We cannot agree with the decision of the above-mentioned Teregor to refuse to satisfy the petition dated March 13, 2025, since we are not asking the investigator for materials obtained by secret investigations, we copy the link to the sermon "Dilmurat Abu-Muhammad" and "Nazratullah Abu-Mariam" from the public YouTube network, which contains 40 people in the group "Atakent brothers" in the social network "watsap" I don't know, " he said.
However, the investigator considers the case unilaterally, without taking into account these circumstances, without taking all measures for a comprehensive, complete and objective study of the circumstances of the case, and follows only the side of the accusation of the suspect.
In accordance with Section 3 of Article 60 of the Criminal Code of the Republic of Kazakhstan, the investigator is obliged to carry out criminal prosecution by taking all measures for a comprehensive, complete and objective study of the circumstances of the case.
In accordance with Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan, participants in criminal proceedings have the right to apply to the person conducting the pre-trial investigation, the prosecutor, the judge (court) with a request to establish circumstances relevant in the criminal process, to carry out procedural actions or make procedural decisions to ensure the rights and legitimate interests of the person who applied or represented by them.
In accordance with Article 105 of the Criminal Code of the Republic of Kazakhstan, complaints against the actions (omissions) and decisions of persons conducting pre-trial investigations filed by persons protecting their rights and interests or the rights and interests represented by them are submitted to the head of the investigation department, the head of the inquiry body, the prosecutor or the court. Complaints about the actions (omissions) and decisions of the prosecutor are submitted to a higher prosecutor.
The prosecutor, the head of the investigative department, the head of the inquiry body are obliged to consider the complaint within seven days from the moment of its receipt and notify the person who filed the complaint about the decision made. Complaints about a violation of the law during detention, recognition as a suspect, qualification of the suspect's actions, suspension from office, unauthorized inspection, search, seizure, temporary restriction of the disposal of property, suspension of transactions with property and other operations are subject to consideration within three days from the date of receipt. In exceptional cases, when it is necessary to request additional materials for checking the complaint or take other measures, it is allowed to consider the complaint within a period of up to fifteen days with notification of this to the person who filed the complaint.
However, the responsible employee of the prosecutor's Office of Maktaaral District of Turkestan region Sarzhan Yerkebulan Yerzhanovich does not work out Article 105 of the Criminal Code of the Republic of Kazakhstan, but is guided by his own procedural code and works on the procedural deadline approved by him.
Based on the above and guided by Article 105 of the Criminal Code of the Republic of Kazakhstan,
I ask you:
* Adopt acts of prosecutor's supervision or acts of prosecutor's response in order to eliminate violations of the rule of law in accordance with the procedure established by law;
* To bring to disciplinary responsibility employees of the prosecutor's office, the police, responsible for non-performance or improper performance of official duties;
* Transfer of satisfaction of the petition, recognizing the decision of the investigator to refuse to satisfy the petition of the defense, adopted on March 13, 2025, as illegal;
* The suspect E. K. A copied the link to the sermon" Dilmurat Abu-Muhammad "and" Nazratullah Abu-Mariam "from the social network "watsap", containing 40 people in the group" Atakent Brothers "" Brothers", obliging the investigator to transfer a copy of the audio video clip to the defense;
* Respond to this application within the time limits established by Article 105, Part 2 of the Criminal Code of the Republic of Kazakhstan.
With respect,
Lawyer: Sarzhanov Galymzhan Turlybekovich
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.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
