Practice on a Complaint to the Minister of Internal Affairs, against an investigator for non-fulfillment and red tape of a criminal case or improper performance of their official duties due to the lack of qualifications of doctors who made a medical error

Earlier on 11/30/2019, due to the blatant injustice and lawlessness, the lack of qualifications of doctors who made a medical error, we sent a statement to the police about bringing doctors to criminal responsibility in order to establish justice in the healthcare sector. A criminal case was opened in the Police Department of the Zhambyl district of the Police Department of the Almaty region for №.......... On November 30, 2019, under Article 317, Part 3 of the Criminal Code of the Republic of Kazakhstan, the criminal case was subsequently terminated due to unclear circumstances. Subsequently, our application was registered by the CUI for no......., OP of Zhambyl district and was attached to the materials of the criminal case for No.... it was initiated under art. 317, part 3 of the Criminal Code of the Republic of Kazakhstan. On March 20, 2020, we filed a Complaint with the Ministry of Internal Affairs of the Republic of Kazakhstan, where later, on 04/17/2020, we received a response from the Deputy Head of the Investigative Department, K.K. Nurmagambetov. On April 14, 2020, on the instructions of the Investigative Department of the Ministry of Internal Affairs, the investigation period was resumed, and the Police Department of the Almaty region was instructed to ensure a full, comprehensive and objective investigation, including taking into account the arguments of the Investigative Department. An internal audit was conducted on the fact of an improper investigation by the DP of the Almaty region, as a result of which the guilty officials of the OP of the Zhambyl district were brought to disciplinary responsibility. On 08/04/2020, after such a long absence of the results of the investigation, we submitted an Application to the Prosecutor's Office of the Almaty region in order to avoid red tape in the criminal case, where later the Prosecutor's Office, in accordance with Article 105 of the Criminal Procedure Code of the Republic of Kazakhstan, sends us a resolution to satisfy our Complaint about the actions of police officers. The Prosecutor's office of Zhambyl district, during the study of the materials of the criminal case, established that the investigator of the Zhambyl district police department, N. Beketbaev, had not taken all necessary measures for a comprehensive, complete and objective investigation of the circumstances of the case, according to art.24 of the CPC RK. Since the initiation of the criminal case, the medical staff of the Central Hospital of the district who took up duty on the day B.A. was admitted, as well as the doctors who operated on the latter, have not been questioned in the case for 18 months. A commission forensic medical examination has not been appointed in the criminal case to determine the causes of death of B.A., and a number of other investigative actions have not been carried out. In view of the applicant's arguments, the district prosecutor's office cancelled the decision of the investigator of the Zhambyl district police department, N. Beketbaev, to interrupt the pre-trial investigation in order to carry out specific investigative actions. In order to obtain copies of materials on disciplinary proceedings against employees of the OP of Zhambyl district of BP.D., the resolution recommended contacting the DP of the Almaty region. Whereas with part 2 of art . 192 of the CPC of the Republic of Kazakhstan stipulates that the pre-trial investigation in cases of inquiry should not exceed one month and two months in cases of preliminary investigation, where investigator N. Beketbaev grossly violates

Practice on a Complaint to the Minister of Internal Affairs, against an investigator for non-fulfillment and red tape of a criminal case or improper performance of their official duties due to the lack of qualifications of doctors who made a medical error

Moreover, in the above-mentioned criminal case, the investigator of the Zhambyl district police department, Beketbayev Nursultan, did not issue a decision to recognize BP as a victim, in addition, the investigator did not even summon me for questioning. According to the above-mentioned material of the pre-trial investigation, investigator Nursultan Beketbayev was very negligent, which indicates that since registration in the ERDR since November 2019, no one has been involved in this case, while the Conclusion of the Committee for Quality Control and Safety of Goods and Services of the Ministry of Health of the Republic of Kazakhstan established the doctors' guilt in the death of BB's son. On the basis of these violations, investigator Beketbayev Nursultan. We have submitted an application to the Department of Internal Security of the Almaty Region Police Department and the Almaty Region Police Department to bring investigator Beketbayev Nursultan to criminal or disciplinary responsibility for non-fulfillment and red tape of the criminal case №1................ 09.09.2020 A year ago, we received a response from the DP of the Almaty region where our motivated response was of the following kind: In the criminal case, N. Beketbaev was assigned to the investigator from the Zhambyl district, who, failing to ensure the completeness of the investigation into the case, prematurely interrupted the terms of the pre-trial investigation in accordance with art. 45 h.7 paragraph 1 of the Criminal Procedure Code of the Republic of Kazakhstan. The Investigative Department of the DP of the region has instructed to reopen the criminal case and carry out all investigative measures provided for by law aimed at ensuring the completeness of the pre-trial investigation, during which the victim's arguments will be fully verified. 09/08/2020. the terms of the pre-trial investigation were resumed, the criminal case is under investigation by investigator N. Beketbaev For violations committed, an internal investigation was conducted against officials, as a result of which the perpetrators were brought to disciplinary responsibility.

However, we were not given an order to bring N. Beketbaev, an investigator of the Zhambyl district police department, to disciplinary responsibility. Dear Yerlan Zamanbekovich, the reason for our appeal to you was the blatant injustice and red tape on the part of police officers. We have repeatedly applied to find out the progress of the investigation, and the answers were of the same type - “Currently, investigative actions are underway in the criminal case.” We have been hearing this answer for a practical year. Is it really so difficult to bring this criminal case to an end, complete the investigation and send it to court? This criminal case does not belong to the categories of particularly serious crimes or to the categories of cases where it is necessary to search for a criminal. Due to such a lengthy investigation, we had only one thought - that it was corrupt. My SON died because of the negligence of doctors! Which contradicts art. 317 part 3 of the Criminal Code of the Republic of Kazakhstan. And the police officers of the DP of the Almaty region, as well as the OP of the Zhambyl district of the DP of the Almaty region, still cannot fully investigate the criminal case. We believe that if it had been the son of a Minister instead of my son, this criminal case would have been investigated long ago and sent to court. For example, the case of the death of the son as a result of an accident of the former Head of the Almaty city police department, which was properly investigated and sent to Court. Based on the above and in accordance with Articles 370, 371 of the Criminal Code of the Republic of Kazakhstan, They requested:

Take control of criminal case no.…………………;

To bring to criminal or disciplinary responsibility police officers of the Zhambyl district police department of the Almaty region for non-fulfillment and red tape of a criminal case or improper performance of their official duties.;

Assist in completing the investigation of criminal case no.………………;

To respond to the application within the time limits prescribed by law and provide an order on bringing responsible employees to disciplinary responsibility and or a corresponding document on bringing them to justice.

Subsequently, all our arguments were confirmed and the perpetrators were brought to various disciplinary responsibilities.

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