ON THE SYSTEMATIC INACTION OF THE INVESTIGATION DEPARTMENT AND UNREASONABLE DELAY OF THE CRIMINAL CASE
To the Minister of Internal Affairs of the Republic of Kazakhstan
Sadenov Erzhan Saparbekovich
Republic of Kazakhstan, 010000, Astana,
1 Tauelsizdik Avenue.
UDRI: in criminal case No. 267914031000483.
Victim: KrA
IIN: ...
Resident of the city of Shymkent, house ...
Representative under Power of Attorney:
“Zakon i Pravo” Law Office
BIN 201240021767.
Attorney Sarzhanov Galymzhan Turlybekovich
Republic of Kazakhstan, 050002, Almaty,
Almaly District, 79/71 Abylai Khan Avenue, Office 304.
info@zakonpravo.kz www.zakonpravo.kz
Tel.: +7 708 971 78 58 / 8 727 971 78 58.
COMPLAINT
On the systematic inaction of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent and the unreasonable delay of the criminal case
At present, the investigator of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent, U.N. Talip, is conducting a pre-trial investigation against AШД under Part 3 of Article 188 of the Criminal Code of the Republic of Kazakhstan, based on the statement of KrA. The said criminal case has been registered in the Unified Register of Pre-Trial Investigations (hereinafter – URPTI) under No. 267914031000483.
The said criminal case was registered on the basis of the statement filed by the victim KrA in March 2026.
According to the victim's explanation, starting from January 2026, fruit and vegetable products belonging to Boutique No. 17 located at the “Zhibek Zholy” Market at 38 Almaty Highway, Shymkent, began to systematically disappear. Despite the high volume of goods turnover, income from trade sharply decreased, and the victim suffered substantial financial losses.
Subsequently, S E A, the owner of Boutique No. 3B, noticed that AШД, the owner of the neighboring boutique, was systematically taking boxes and goods from Boutique No. 17 belonging to the victim, and informed the victim thereof.
After that, the recordings of the video surveillance cameras belonging to H T Rozytaeva, the owner of neighboring Boutiques No. 1–2, were reviewed, and it was established that AШД had been illegally taking goods from the boutique belonging to the victim for several consecutive days.
In the statement submitted by the victim to the investigative body, all episodes of theft that occurred on March 17, 18, 20, 21, 22, 23 and 24, 2026 were specified in detail down to the minute and second, and the name and time of each video recording and the description of the criminal acts were fully set out.
Furthermore, the video recordings clearly show: the suspect's illegal entry into the victim's boutique at night; repeated carrying of boxes and bags containing goods; loading of another person's property into her own boutique and vehicle; the systematic and repeated nature of the actions; and, in certain episodes, acting together with a person named Aziz.
In addition, in the confrontation protocol dated April 20, 2026, AШД herself also confirmed that she had taken goods from the victim's boutique in a number of episodes.
However, despite the sufficiency of the evidence, to date the investigator of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent, U.N. Talip, has failed to carry out the necessary investigative actions aimed at a complete, comprehensive and objective investigation of the criminal case.
In particular:
– numerous motions submitted by the victim have not been responded to within the period provided for by Part 4 of Article 99 of the Criminal Procedure Code of the Republic of Kazakhstan (hereinafter – the CPC). Our motion dated April 22, 2026, submitted through the E-Өтініш portal (ЗТ-2026-01733366), regarding the interrogation of a person named Aziz has not been considered by the investigator to date;
– important video recordings from the territory of the “Zhibek Zholy” Market have not been fully obtained from the market administration to date, although our motion was submitted through E-Өтініш (ЗТ-2026-01322193) on March 30, 2026;
– despite the satisfaction of our motion regarding the interrogation of witnesses, not a single witness from the list has been interrogated, although the resolution of the investigator of the Turan District Police Department of the Police Department of the City of Shymkent, U. Talip, granting the motion regarding the interrogation of witnesses at the market was adopted on April 10, 2026, i.e. to date, not a single witness has been interrogated;
– the full identity of the alleged accomplice named Aziz has not been established, he has not been summoned for interrogation, and no legal assessment has been given to his actions;
– the investigator and officials of the Investigation Department are not executing their own procedural resolutions;
– the specific instructions of the Prosecutor of the Turan District of the City of Shymkent, issued pursuant to Article 193 of the CPC, have not been executed.
On April 22, 2026, the Prosecutor of the Turan District of the City of Shymkent, S. Abdiev, having considered the complaint submitted by the victim, recognized the investigator's inaction and the failure to provide timely responses to the motions and partially satisfied the complaint.
Furthermore, it was indicated that the prosecutor's office had submitted a supervisory response act to the Police Department of the City of Shymkent regarding the elimination of violations of legality and prevention of such violations in the future.
However, despite the acts of prosecutorial response, the inaction of the investigative body continues.
Pursuant to Article 192 of the CPC of the Republic of Kazakhstan, a pre-trial investigation must be conducted within a reasonable time.
However, in this criminal case, despite the existence of: video recordings; witnesses; specific time markers; statements of the suspect of an admission nature; information confirming the exact volume and movement of the goods, the case has been unsuccessfully delayed for several months.
In our opinion, such inaction contradicts: the objectives of criminal proceedings; the rights of the victim; the principles of preservation of evidence; the principle of a reasonable time.
Furthermore, taking into account the risk that the video recordings may be deleted over time, the inaction of the investigative body may result in the loss of evidence.
These circumstances indicate the inaction of the investigator and the unreasonable delay of the criminal case despite the existence of simple and obvious evidence.
Pursuant to Article 192 of the CPC, the pre-trial investigation must be completed within a reasonable time, taking into account the complexity of the criminal case, the scope of investigative actions and the sufficiency of examination of the circumstances of the case, but within a period not exceeding the limitation period for criminal prosecution established by the Criminal Code of the Republic of Kazakhstan.
When determining the reasonable period of a pre-trial investigation, such circumstances as the legal and factual complexity of the criminal case, the exercise of procedural rights by participants in the pre-trial proceedings, and the manner in which the person conducting the pre-trial investigation exercises his or her powers for the purpose of timely conduct of the pre-trial proceedings shall be taken into account.
However, the said criminal case is not complex by its nature, the evidence is sufficient, and the investigator's inaction is resulting in an unreasonable delay of the case.
At the same time, pursuant to Part 2 of the said Article 192 of the CPC, a pre-trial investigation in cases of inquiry shall not exceed one month, and in cases of preliminary investigation shall not exceed two months. The prosecutor shall have the right to reconsider these periods by establishing a reasonable period for the pre-trial investigation.
Exercising the rights provided for by Article 105 of the CPC, we have repeatedly submitted complaints to the Head of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent and to the supervising prosecutor regarding the investigator's inaction. However, despite the fact that the said complaints were formally considered, to date no appropriate investigative actions resulting in concrete outcomes have been conducted in the criminal case.
Pursuant to Paragraph 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 pursuant to Article 105 of the CPC, within the scope of their powers, shall be obliged to immediately take measures to restore the violated rights and legitimate interests of participants in criminal proceedings, as well as other individuals or legal entities.
According to Paragraph 24 of the Instruction, with respect to complaints satisfied pursuant to Article 105 of the CPC, as well as complaints considered by a superior official, the issue of liability of the guilty officials shall simultaneously be considered.
Guided by Article 105, Part 8 of Article 192, and Subparagraphs 3-1) and 5) of Part 1 of Article 193 of the Criminal Procedure Code of the Republic of Kazakhstan,
I REQUEST THAT YOU:
· appoint an internal investigation into the actions/inaction of the investigator U.N. Talip of the Investigation Department of the Turan District Police Department of the Police Department of the City of Shymkent in criminal case URPTI No. 267914031000483;
· provide a legal and disciplinary assessment of the inaction of the Head of the Turan District Police Department of the Police Department of the City of Shymkent and the responsible officials and hold them disciplinarily liable;
· take the said criminal case (URPTI No. 267914031000483) under separate control and supervision;
· taking into account the circumstances of the criminal case, establish a reasonable period for the pre-trial investigation and establish a reasonable period for the investigator in the criminal case.
Respectfully,
Representative under Power of Attorney / Attorney: G.T. Sarzhanov
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