On the ratification of the Agreement on the Protection of Participants in Criminal Proceedings

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Law of the Republic of Kazakhstan dated June 17, 2008 No. 42-IV

To ratify the Agreement on the Protection of Participants in Criminal Proceedings, signed in Minsk on November 28, 2006.

President of the Republic of Kazakhstan N. Nazarbayev

AGREEMENT on the Protection of participants in criminal proceedings

Officially certified text

AGREEMENT on the Protection of participants in criminal proceedings

The Member States of the Commonwealth of Independent States that have signed this Agreement, hereinafter referred to as the Parties, in order to ensure the effective fight against crime in the territories of the Parties and the successful implementation of the tasks of criminal justice, striving to ensure adequate protection of the legitimate rights and interests of persons contributing to the achievement of these goals, being convinced that the coordinated actions of the Parties in the fight against crime are of urgent necessity, have agreed on the following:

Article 1

For the purposes of this Agreement, the following terms are used:

a) criminal proceedings - pre-trial and judicial proceedings in a criminal case conducted in accordance with the national legislation of the Parties;

b)protected persons- participants in criminal proceedings (victim, witness, private prosecutor, suspect, accused, defendant, their defenders and legal representatives, convicted, acquitted, as well as the person against whom the criminal case or criminal prosecution was terminated, expert, specialist, translator, understood, as well as participating in criminal proceedings teacher and psychologist, civil plaintiff, civil defendant, legal representatives, representatives of the victim, civil plaintiff, civil defendant and private prosecutor), as well as other persons, subject to protection in accordance with the national legislation of the requesting Party;

c) protection measures - security measures provided for in this Agreement and applied in accordance with it in relation to protected persons;

d) competent authorities - state bodies that, in accordance with the national legislation of the Parties, decide on the implementation of protective measures under this Agreement or implement them;

e) the requesting Party is the State at whose request protection measures are being implemented;

(e) The requested Party is the State in whose territory protection measures are being implemented;

g)minors are persons under the age of 18.

Article 2

1. The requested Party, in accordance with the provisions of this Agreement and its legislation, shall, on the basis of a request, assist the requesting Party in implementing protective measures against protected persons.

2. This Agreement applies in cases where the protective measures taken by the requesting Party in accordance with its national legislation in respect of protected persons cannot ensure their adequate safety.

Article 3

1. The entire process of organizing and implementing security measures is confidential.

2. The degree of confidentiality is determined on a case-by-case basis through consultations between the competent authorities of the Parties concerned.

Article 4

1. Several or one of the following protection measures may be applied simultaneously to protected persons:

a) temporary placement of the protected person in a safe place on the territory of the requested Party;

b) relocation of the protected person for residence in the territory of the requested Party;

c) replacement of documents of the protected person;

d) changing the appearance of the protected person;

e) providing the protected person with special personal protective equipment, communications and alerts;

f) personal protection, "protection of home and property;

g) ensuring the confidentiality of information about the protected person;

h) change of place of work (service) or study;

i) the application of additional protective measures against a protected person who is in custody or in places of serving his sentence, including transfer from one place of detention or serving his sentence to another.

2. The Parties may, by mutual agreement, implement other protective measures not provided for in this Agreement.

Article 5

1. The temporary placement of the protected person in a safe place provides for his stay in the territory of the requested Party for the required period of time in a place determined by the competent authorities of the Parties concerned in accordance with their national legislation.

2. A protected person who has been detained or sentenced to imprisonment in the territory of the requesting Party may be temporarily placed in an appropriate institution of the requested Party in compliance with the requirements of its legislation.

Article 6

When a protected person is relocated to live in the territory of the requested Party, he/she is provided with a place of residence for the period of implementation of protection measures. At the request of the requesting Party, the protected person may be given the opportunity to move his movable property to a new place of residence.

Article 7

The competent authorities of the requested Party, upon request of the competent authorities of the requesting Party, replace the documents to the protected person with a change in his surname, first name, patronymic and other information about him, the list of which is agreed upon by the competent authorities of the Parties concerned.

Article 8

Changing the appearance of the protected person provides for the necessary medical and cosmetic procedures to be performed on the territory of the requested Party, both in specialized clinics and other medical institutions, and outside them with the involvement of specialists and the creation of necessary sanitary and other conditions.

Article 9

The competent authorities of the requested Party, at the request of the competent authorities of the requesting Party, provide the protected person with special personal protective equipment, communications and alerts. The procedure for the issuance of these funds and their use by the protected person is determined by the national legislation of the requested Party.

Article 10

Personal protection, protection of the home and property of the protected person are provided by the competent authorities of the requested Party.

Article 11

The competent authorities of the requested Party, in order to implement protective measures, carry out operational search measures in accordance with the procedure provided for by its legislation.

Article 12

Ensuring the confidentiality of information about the protected person by the requested Party is expressed in limiting the issuance of information about his identity, place of residence and other data from state and other reference and information funds. The restriction mechanism is determined by the requested Party.

Article 13

The safety of a protected person who is in custody or in places of punishment on the territory of the requested Party is ensured by the conditions of detention, and, if necessary, by transfer from one place of detention to another, separate or solitary confinement in accordance with the procedure provided for by the national legislation of the requested Party.

Article 14

1. At the request of the requesting Party, the protected person is assisted in finding a job and/or studying.

2. A minor protected person may be temporarily placed in a preschool institution, and an adult disabled person may be placed in a social protection institution.

Article 15

1. The protection measures provided for in Article 4 of this Agreement shall be applied with the written consent of the protected person or his legal representatives.

2. The protection measures in respect of a minor or adult disabled protected person, specified in paragraph 2 of Article 14 of this Agreement, are carried out only with the written consent of their parents or other legal representatives.

Article 16

1. The request for the implementation of protective measures must contain:

a) the name of the competent authorities of the requested and requesting Parties;

b) information about the criminal case in connection with which protective measures are necessary in relation to the protected person: a description of the actual circumstances of the act that served as the basis for initiating a criminal case; the text of the law of the requesting Party, on the basis of which this act is recognized as a crime; information about the person who committed the crime or about another person who poses a real threat: last name, first name, patronymic (with changes), nationality, place of residence or stay, criminal record, established and possible criminal connections, description of appearance, photographs, fingerprints and other information about his personality (if possible); the content of the testimony of participants in criminal proceedings, in connection with which a decision was made to implement protective measures;

c) information about the protected person: surname, first name, patronymic (with changes), nationality, place of residence or stay, procedural status of a participant in criminal proceedings in the relevant case (subparagraph "b" of this paragraph) or the status of another person in respect of whom protection measures are requested, criminal record, description of appearance, photographs;

d) justification of the need for protective measures, the nature of the threat;

e) the list of protection measures requested;

f) information on the amount and procedure for reimbursement of material costs in connection with the implementation of protective measures;

g) information about the official authorized to make contacts on the application of protective measures, the procedure and means of communication with him.

2. The competent authority of the requesting Party may indicate in the request other information that, in its opinion, is relevant for the execution of the request.

3. The request for the implementation of protective measures must be accompanied by:

a) the written consent of the protected person or his legal representatives for the application of protective measures;

b) a copy of the resolution (decision) on the application of a preventive measure in the form of detention, a verdict (with a note on its entry into force, on the procedure for calculating the term of punishment and its serving), if the protected person is an accused or convicted person;

c) a copy of the reasoned resolution (decision) on the implementation of protective measures against the protected person, issued in accordance with the legislation of the requesting Party.

4. The request for the implementation of protective measures must be signed by the head of the competent authority or his deputy and stamped with the stamp of that authority.

Article 17

If the request for the implementation of protective measures does not contain all the necessary data provided for in Article 16 of this Agreement, the competent authority of the requested Party may request such information, before which the request may be left without consideration.

Article 18

The application of the protection measures provided for in this Agreement may be refused if:

a) the implementation of protective measures may harm the interests of or contradict the national legislation or international obligations of the requested Party;

b) the protected person has committed a crime in the territory of the requested Party;

c) there is a decision by the competent authority of the requested Party prohibiting the entry of the protected person into the territory of that Party.

Article 19

1. The competent authority of the requested Party shall notify the competent authority of the requesting Party in writing of the results of consideration of the request for the implementation of protective measures no later than 30 days from the date of receipt of the request.

2. If the request for protection measures is granted, the competent authority of the requesting Party will be informed about the competent authority of the requested Party or the official of that authority who will directly implement the protection measures, as well as the procedure for communicating with it.

3. The time, place and conditions of arrival of the protected persons in the territory of the requested Party are determined by the competent authorities of the Parties.

Article 20

The competent authority of the requested Party:

a) inform the competent authority of the requesting Party about each case of threat, impending or committed illegal actions against the protected person, as well as about the application of additional or other protective measures provided for in Article 4 of this Agreement;

b) promptly informs the competent authority of the requesting Party about each attempt to obtain information about the protected person from third parties.;

c) at the request of the competent authority of the requesting Party, provides an opportunity to hold meetings with the protected person;

d) immediately inform the competent authority of the requesting Party about the failure of the protected person to fulfill the obligations provided for in paragraph 2 of Article 22 of this Agreement.

Article 21

The competent authority of the requesting Party:

a) immediately inform the competent authority of the requested Party about threats, upcoming or committed illegal actions against the protected person;

b) sends a request to the competent authority of the requested Party for the application of additional or other protective measures provided for in Article 4 of this Agreement.;

c) if necessary, provide the means provided for in Article 9 of this Agreement for the implementation of protective measures;

d) promptly notify the competent authority of the requested Party of the adoption of procedural decisions on the criminal case in connection with which protection is being provided;

e) immediately inform the competent authority of the requested Party of the need to terminate the application of protective measures.

Article 22

1. The protected person has the right:

(a) To receive information on the nature of the protective measures taken in relation to him;

b) apply to the competent authorities of the Parties with a request to amend or apply additional or other protective measures provided for in Article 4 of this Agreement.;

c) apply to the competent, including judicial authorities of the Parties, with complaints about the improper implementation of protective measures and ask for urgent measures to implement them;

d) to apply to the competent authorities of the Parties with a statement of refusal to apply protective measures.

2. The protected person must:

a) comply with the legal requirements of the competent authority of the requested Party;

b) immediately inform the competent authority of the requested Party about each case of threat or encroachment on life, health or property or other illegal actions in relation to it;

c) carefully handle property, documents, special personal protective equipment, communications and alerts issued to him on the basis of this Agreement;

d) not to disclose information about the protective measures taken in relation to him.

Article 23

1. The competent authority of the requested Party shall terminate the implementation of protective measures in the following cases::

a) receiving a written request from the competent authority of the requesting Party;

b) the protected person's written refusal to apply protective measures, if the competent authority of the requesting Party has given its written consent to this. A copy of the reasoned resolution (decision) on the cancellation of protective measures against the protected person, issued in accordance with the legislation of the requesting Party, is attached to the request or consent specified in this paragraph.

2. The competent authority of the requested Party may also terminate the implementation of protective measures in cases where the competent authority of the requesting Party or the protected person fails to fulfill its obligations. The competent authority of the requested Party shall immediately notify the protected person and the competent authority of the requesting Party of such a decision.

3. The competent authority of the requested Party shall terminate the implementation of protective measures within 10 days from the date of:

a) receiving the request or consent specified in paragraph 1 of this article;

b) adoption of the decision referred to in paragraph 2 of this article. The competent authority of the requested Party may, upon a reasoned written request from the competent authority of the requesting Party, postpone the termination of protective measures.

Article 24

This Agreement does not affect the provision of legal assistance in criminal matters.

Article 25

The implementation of protective measures is not a ground that precludes criminal prosecution of the protected person if he commits a crime on the territory of the requested Party.

Article 26

The Parties and their competent authorities shall resolve all disputes that may arise between them in connection with the interpretation or application of the provisions of this Agreement through consultations and negotiations.

Article 27

1. Cooperation within the framework of this Agreement is carried out between the competent authorities of the Parties directly.

2. The list of competent authorities is determined by each Party and is transmitted at the time of signing this Agreement or depositing a notification on the implementation of internal procedures to the depositary, who brings it to the attention of the other Parties. P080889

3. Each Party shall notify the depositary in writing of changes to the list of competent authorities.

Article 28

1. The costs associated with the implementation of protective measures shall be borne by the requesting Party.

2. Taxation issues related to reimbursement of costs for the implementation of protective measures are resolved in accordance with the legislation of the Party in whose territory they are carried out.

3. In order to implement this Agreement, the requested Party may provide gratuitous assistance to the requesting Party.

Article 29

The provisions of this Agreement do not affect the rights and obligations of the Parties under other international treaties to which they are parties.

Article 30

The Parties shall use Russian as a working language when carrying out cooperation under this Agreement.

Article 31

This Agreement (shall enter into force on the date of deposit of the third notification to the depositary on the completion by the signatories of the internal procedures necessary for its entry into force. For the Parties who have completed the necessary procedures later, it shall enter into force from the date of deposit of the relevant documents to the depositary.

Article 32

The Parties may, by mutual agreement, make additions and amendments to this Agreement, formalized by a protocol that enters into force in accordance with the procedure provided for in Article 31 of this Agreement, unless the Parties agree otherwise.

Article 33

1. Each Party may withdraw from this Agreement by sending a written notification to the depositary at least six months prior to withdrawal.

2. By the time of withdrawal, the relevant Party must fulfill all financial obligations incurred during its participation in this Agreement.

Article 34

After the entry into force of this Agreement, it is open for accession by non-signatory member States of the Commonwealth of Independent States, as well as States that are not members of the Commonwealth of Independent States, by submitting a document on such accession to the depositary. For the acceding member State of the Commonwealth of Independent States, this Agreement shall enter into force three months after the date of receipt by the depositary of the instrument of accession. If the depositary receives a notification from a State that is not a member of the Commonwealth of Independent States on accession to this Agreement, the depositary shall immediately inform the Parties about it. For an acceding State that is not a member of the Commonwealth of Independent States, this Agreement shall enter into force three months after the date of receipt by the depositary of the instrument of accession, if during this period none of the Parties declares its objections to such accession.

Done in Minsk on November 28, 2006, in one original copy in the Russian language. The original copy is kept in the Executive Committee of the Commonwealth of Independent States, which will send a certified copy to each signatory State of this Agreement.

For the Republic of Azerbaijan For the Republic of Moldova

For the Republic of Armenia For the Russian Federation

For the Republic of Belarus For the Republic of Tajikistan

For Georgia For Turkmenistan

For the Republic of Kazakhstan For the Republic of Uzbekistan

For the Kyrgyz Republic For Ukraine

I hereby certify that the attached text is an authentic copy of the Agreement on the Protection of Participants in Criminal Proceedings, adopted at the meeting of the Council of Heads of State of the Commonwealth of Independent States, which took place on November 28, 2006 in Minsk. The original copy of the above-mentioned Agreement is kept in the Executive Committee of the Commonwealth of Independent States.

V. Garkun, First Deputy Chairman of the Executive Committee and Executive Secretary of the CIS

I hereby certify that this text is a certified copy of the certified copy of the Agreement on the Protection of Participants in Criminal Proceedings, signed on November 28, 2006 in Minsk.

Head of the Department International Law Department of the Ministry of Foreign Affairs of the Republic of Kazakhstan N. Sakenov

President

Republic of Kazakhstan

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