Complaint to the prosecutor of the district against illegal actions of the investigator
To the prosecutor of Maktaaral District of Turkestan region
Turkestan region, Maktaaral district, Myrzakent village,
84 kuandykov Street
8-702-038-51-98. 7254101@prokuror.kz
From The Defender: Lawyer Sarzhanov Galymzhan Turlybekovich
Legal Office" law and law"
IIN 201240021767.
Republic of Kazakhstan, 050002, Almaty, Almaly district,
Abylai Khan Ave., house 79/71, office 304.
www.zakonpravo.kz info@zakonpravo.kz
Tel.: +7 708 578 57 58 / 8 727 978 57 55.
Suspect: AE Kanatbaevich
Yin ...
Turkestan region, Maktaaral district, Village N. E., Zhastar Street, house 12.
Complaint
(On the basis of Article 105 of the Criminal Code of the Republic of Kazakhstan to the actions of the senior investigator of the Police Department of the Maktaaralsky District Police Department of the Turkestan region D. K. Zhaksylyk)
The Republic of Kazakhstan, having established itself as a democratic, secular, legal and social state, its highest values are man, human life, rights and freedoms (paragraph 1 of Article 1 of the Constitution).
At the same time, everyone has the right to protect their rights and freedoms by all means that do not contradict the law and receive qualified legal assistance (paragraphs 1 and 3 of Article 13 of the Constitution).
In the Proceedings of the senior investigator of the TB of the Police Department of Maktaaralsky District of the Police Department of the Turkestan region D. K. Zhaksylyk (further investigator), the materials of the criminal case No. 255143031000056 against E. K a (further suspect) on the signs of the composition of the criminal offense provided for by Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan are being considered.
In the course of the investigation, E. K. A. was recognized as a suspect for intentional acts aimed at inciting religious discord, insulting national honor and dignity or religious feelings of citizens, 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.
According to the investigator, "the suspect E. A. - from 01.07.2024 to 01.01.2025, together with his acquaintance Baglan Yerzhanovich Musabekov, born on 23.06.1991, in a preliminary conspiracy with 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 distributing the sermons of Mahamatov Dilmurat and nazratullah Abu-Mariam". "what's the matter?"
On March 1, 2025, at 15 o'clock, the investigation conducted a thorough investigation of its motives. From 35 minutes to 16 hours. Within 10 minutes, the suspect completed the interrogation protocol.
Section 4 of Article 216 of the Criminal Code of the Republic of Kazakhstan as for the specifics of interrogation of a suspect, it states that in cases provided for in Article 67 of this code, the presence of a defender is mandatory, taking into account the provisions of part two of Article 69 of this code.
However, during the discussion of this protocol with E. K. A. in the pre - trial detention center from 03.04.2025, the investigation revealed a gross violation of Section 4 of Article 216 of the criminal legislation of the Republic of Kazakhstan.
In fact, on March 1, 2025, at 15 o'clock. From 35 minutes to 16 hours. During the interrogation of the suspect within 10 minutes, it was established that the defender was not present, and the signature of S. Aknazarov, who was called as a defender in the protocol, was put later or by another person.
So, the investigator of the Criminal Code of the Republic of Kazakhstan 60-64, 80, 81, 110, 115, 197, 199, 208-210, 212, 216 it is established that the interrogation was carried out in violation of the requirements of the code without compliance with the norms of articles.
Article 64 of the Criminal Code of the Republic of Kazakhstan. When detaining a suspect, before starting any investigative actions in the presence of a suspect, the criminal prosecution body is obliged to immediately explain to the suspect his rights provided for by this code, a note is made in the protocol of interrogation of the suspect and in resolutions on recognizing the person as a suspect and qualifying the actions of the suspect.
In alaly, the norms of this article were formally drawn up by the investigation, and in fact, the rights of the suspect before interrogation were not explained.
Factual data inadmissible as evidence in accordance with Article 112 of the CPC, if they are obtained in violation of the requirements of this code, contribute or may contribute to the reliability of factual data obtained during a pre-trial investigation or trial of a case by depriving the participants in the process of rights guaranteed by law or by: Factual data obtained in violation of Criminal Procedure Law shall be recognized as inadmissible data as evidence and shall not be subject to prosecution, nor shall they be used in proving any circumstances specified in Article 113 of this code.
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 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).
On March 1, 2025, at 15 p.m., A video recording tape was recorded in the investigator's office during the investigation of these motives. From 35 minutes to 16 hours. We hope that within 10 minutes it will be possible to achieve the truth by obtaining from the videotape the information captured during the interrogation of the suspect E. A. and at the same time to the phone number of the defense attorney S. Aknazarov, who participated in the investigation, the presence or absence of a communication operator belonging to the police department in the territory, the registration book in the entrance room of the Police Department, the interrogation of the defense attorney S. Aknazarov on this complaint,
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.
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.
Based on the above and guided by Article 105 of the Criminal Code of the Republic of Kazakhstan,
I ask you:
* In order to eliminate violations of the rule of law in accordance with the procedure established by law, the following measures are taken with the adoption of acts of prosecutor's supervision or acts of prosecutor's response:
- Video recording tape located in the investigator's office on March 1, 2025 at 15 hours. From 35 minutes to 16 hours. During the interrogation of the suspect EA within 10 minutes of receiving information from the captured video tape;
- March 1, 2025, 15 hours. From 35 minutes to 16 hours. Within 10 minutes, a detealization of the phone number of the defense attorney S. Aknazarov, who took part in the investigation;
- Defense counsel S. A. to receive an answer on this complaint;
- From the Register of citizens in the entrance room of the Police Department of maktaaralsky district on March 1, 2025, 15 H. From 35 minutes to 16 hours. 10 minutes of receiving information;
- To receive a request from the suspect A on this complaint.
* Bringing to disciplinary responsibility police officers responsible for non-performance or improper performance of official duties in the event of our motives in this complaint;
* From the suspected E. K. A. on March 1, 2025 at 15 h. The protocol of interrogation of a suspect between 35 minutes and 16 hours and 10 minutes - exclusion from the materials of a criminal case with the recognition of illegal and unsuitable as evidence;
* Protection of materials obtained from the prosecutor's office under prosecutor's supervision;
* 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: Galymzhan Sarzhanov
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