Complaint to the Prosecutor's Office on Taking a Prosecutorial Supervision Act or Prosecutorial Response Measures to Remedy Violations of Legality

To the Prosecutor of the Maktaaral District of the Turkestan Region

Turkestan Region, Maktaaral District,Myrzakent

 village,84 Kuandykov Streete-mail: 7254101@prokuror.kz

From: Defense Counsel, Attorney Galymzhan Turlybekovich Sarzhanov

Law Firm “Zakon i Pravo”BIN 201240021767

Republic of Kazakhstan, 050002, Almaty,Almaly District, 79/71 

Abai Khan Avenue,Office 304www.zakonpravo.kz

info@zakonpravo.kzTel.: +7 708 578 57 58 / 8 727 978 57 55

Suspect: E.Sh.Ch.

IIN: ....

Turkestan Region, Maktaaral District

COMPLAINT

(pursuant to Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, to the Prosecutor of the Maktaaral District of the Turkestan Region regarding the actions of the Investigation Department of the Police Department of the Maktaaral District)

The reason for our appeal to you is the gross injustice and unlawfulness committed during the pre-trial investigation in the criminal case against my client, E.Sh.Ch. We express our serious dissatisfaction with the irresponsible actions of the police officers. Their actions damage the authority of law enforcement agencies.

Pursuant to 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 and within the limits and forms established by law, exercises supreme supervision over compliance with the law in the territory of the Republic of Kazakhstan.

In accordance with Article 5 of the said Law, the Prosecutor's Office exercises supreme supervision over legality.

With regard to the circumstances of the violation of procedural legislation, including its time, place, manner, causes and consequences, we report the following.

On March 26, 2026, at 16:41, through the electronic portal E-Otinish, under registration No. ЗТ-2026-01261174, we submitted a Motion for Admission of Defense Counsel to Participate in the Criminal Case and for Access to the Criminal Case Materials pursuant to Articles 64 and 99 of the Criminal Procedure Code of the Republic of Kazakhstan, in which we requested:

· to admit the defense counsel, Attorney Galymzhan Turlybekovich Sarzhanov, to participate in the criminal case as the defense counsel for E.Sh.Ch.;

· to provide access to all procedural documents in the case concerning E.Sh.Ch. and provide copies thereof;

· to provide a link to or a copy of the audio and video materials sent by E.Sh.Ch. to the “Atakent Bauyrlar” group on the WhatsApp social network (consisting of 40 participants), namely links to the sermons of “Dilmurat Abu-Muhammad” and “Nazratullah Abu-Maryam” published on the YouTube social network;

· to provide a response to this motion within the time limits established by Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan.

However, the responsible officer of the Police Department of the Maktaaral District of the Turkestan Region, disregarding the requirements of Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, is guided by his own procedural time limits, effectively failing to comply with the requirements of the law and ignoring the Attorney's motion.

Pursuant to Part 3 of Article 60 of the Criminal Procedure Code of the Republic of Kazakhstan, an investigator is obliged to take all measures to comprehensively, fully and objectively investigate the circumstances of the case.

In accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, complaints against actions (inaction) and decisions of persons conducting the pre-trial investigation shall be submitted to the head of the investigative unit, the head of the inquiry body, the prosecutor, or the court.

The prosecutor, the head of the investigative unit, or the head of the inquiry body shall consider the complaint within seven days from the date of its receipt and notify the applicant of the decision made.

Based on the foregoing and pursuant to Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan,

I REQUEST:

· to take prosecutorial supervision acts or prosecutorial response measures to remedy the violations of legality;

· to hold the police officers responsible for the improper performance of their official duties disciplinarily liable;

· to oblige the Investigation Department of the Police Department of the Maktaaral District to provide the defense counsel with a reasoned response;

· to provide a response to this complaint within the time limit established by Part 2 of Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan.

Respectfully,

Attorney Galymzhan Turlybekovich Sarzhanov

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