Extradition of persons who have committed a criminal offense
Article 9 of the Criminal Code of the Republic of Kazakhstan regulates the extradition of persons who have committed criminal offenses. Let us consider in detail the provisions of this article:
1. Non-extradition of citizens of the Republic of Kazakhstan
According to the first part of Article 9 of the Criminal Code of the Republic of Kazakhstan, citizens of the Republic of Kazakhstan who have committed a criminal offense on the territory of another state are not subject to extradition, unless otherwise established by an international treaty of the Republic of Kazakhstan. This means that Kazakhstan adheres to the principle of non-extradition of its citizens, protecting them from persecution by foreign States, except in cases stipulated by international agreements to which Kazakhstan is a party.
2. Extradition of foreign citizens and stateless persons
The second part of Article 9 of the Criminal Code of the Republic of Kazakhstan establishes that foreigners and stateless persons who have committed a crime outside Kazakhstan and are located on its territory may be extradited to a foreign state for criminal prosecution or serving a sentence in accordance with an international treaty of the Republic of Kazakhstan. This provision allows Kazakhstan to cooperate with other States in the fight against crime, ensuring the possibility of extradition of offenders on the basis of mutual agreements.
3. Guarantees against extradition in case of threat of human rights violations
According to the third part of Article 9 of the Criminal Code of the Republic of Kazakhstan, no one can be extradited to a foreign state if there are serious grounds to believe that in this state he may be threatened with torture, violence, other cruel or degrading treatment or punishment, as well as in the case of the threat of the death penalty, unless otherwise provided by international treaties of the Republic Kazakhstan. This provision reflects Kazakhstan's commitment to international human rights standards, ensuring that individuals are protected from possible violations of their rights if extradited.
Relationship to other regulations
The principles set out in Article 9 of the Criminal Code of the Republic of Kazakhstan are consistent with the provisions of the Constitution of the Republic of Kazakhstan. In particular, article 11 of the Constitution states that a citizen of the Republic of Kazakhstan cannot be extradited to a foreign State unless otherwise provided for by international treaties. In addition, article 12 of the Constitution guarantees that no one should be subjected to torture, violence, or other cruel or degrading treatment or punishment.
Examples from judicial practice
In the practice of the courts of the Republic of Kazakhstan, extradition issues are resolved taking into account international obligations and national legislation. For example, in one case, the Supreme Court refused to extradite a foreign citizen, arguing that there was a real threat of torture and inhuman treatment in the requesting State, which contradicted Kazakhstan's international human rights obligations.
Regulatory rulings of the Supreme Court
The Supreme Court of the Republic of Kazakhstan clarifies in its regulatory rulings the procedure for the application of norms related to extradition. One such ruling highlights the need for a thorough review of all the circumstances of the case, including conditions in the requesting State, in order to rule out the possibility of human rights violations during extradition.
Thus, article 9 of the Criminal Code establishes clear rules and guarantees regarding the extradition of persons who have committed criminal offenses, ensuring a balance between international cooperation in combating crime and the protection of human rights.
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