CAT/OP/KAZ/1/Add.1 (12) 104. To declare an international search for a suspect or accused person. The investigating judge: (1) Considers complaints in respect of the actions (or lack of action) and decisions of the official or agency conducting initial inquiries, the investigating official, prosecutor or the court; (2) Considers any physical evidence subject to rapid deterioration or for which prolonged storage pending the resolution of the criminal case on the merits would entail considerable material cost; (3) During the pretrial proceedings, takes statements from a victim or witness; (4) Imposes a monetary penalty on persons, except for lawyers and prosecutors, who either fail to comply with or do not fully comply with their procedural obligations in pretrial proceedings; (5) On the proposal of the prosecutor, considers the question of recovering procedural costs in a criminal case; (6) On a reasoned request from a lawyer acting as defence counsel, considers requisitioning and admitting in a criminal case any information, documents or objects of importance to the criminal case, with the exception of information that constitutes State secrets, in cases of refusal or failure to take action on such a request within three days; (7) On a reasoned request from a lawyer acting as defence counsel, considers the appointment of an expert, if, in responding to such an application, the criminal prosecution authority has unreasonably refused the request or takes no decision within three days; (8) On request from a lawyer acting as defence counsel, considers whether to compel to appear before the authority in charge of the criminal proceedings a witness who has previously been questioned where it is difficult to ensure that person’s attendance to give evidence; (9) Exercises other powers, as stipulated in the Code. 105. In accordance with article 56 of the Code of Criminal Procedure, investigating judges may examine matters falling within their competence alone, without a court hearing. 106. If it is necessary to investigate circumstances that are significant to the adoption of a lawful and substantiated decision, the investigating judge may decide that a court hearing will be held, with the participation of the persons concerned and the procurator. Paragraph 44 The Subcommittee recommends that all arrested persons be immediately informed of the reasons for their arrest, and their rights as detainees, in a language they understand. 107. The recommendation of the Subcommittee cannot be maintained, given that provisions on informing individuals about their detention are already enshrined in national legislation. 108. One of the innovations in the Code of Criminal Procedure is the introduction of the Miranda rule, a short form of which is reflected in article 131 (1). In line with the rule, persons detained on suspicion of having committed a criminal offence are informed orally by the official of the investigating authority of the criminal offence that they are suspected of having committed and of their right to retain counsel, the right to remain silent and the fact that anything they say may be used against them in court. 109. It is also planned to introduce a coercive procedural measure of allowing up to three hours to ascertain whether a person has been involved in committing a criminal offence. That period is included in the period of detention as a suspect. 14 GE.19-01981