CAT/OP/KAZ/1/Add.1
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.
110. If the detainee does not speak Kazakh or Russian or cannot adequately understand the
explanation of his or her rights at the time of the arrest due to intoxication with alcohol, drugs
or other substances, or has a psychosomatic disorder, the rights of the suspect are explained
in the presence of an interpreter, where necessary, and/or a lawyer before the start of the
interrogation as a suspect, and that fact is noted in the record of the interrogation.
111. The right of a person deprived of liberty to inform family members or other close
relatives of the detention is enshrined in article 64 (3) of the Code of Criminal Procedure:
“Detained suspects may, by telephone or other means, promptly inform their place of
residence or work of their arrest and place of detention. Where there are grounds to believe
that a communication concerning the detention might hinder the pretrial investigation, the
officer of the prosecuting agency conducting the arrest may independently notify adult family
members or close relatives of the detainee. Such notification shall be carried out without
delay.”
Paragraph 48
Persons deprived of liberty must have access to legal counsel of their choice, and if
needed, a State-provided lawyer. The Subcommittee recommends that the system and
remuneration of State-provided lawyers be reviewed to ensure effective assistance is
provided to suspects. Lawyers must be provided with unhindered access to their clients,
without the need for any approval from prosecutors or investigators.
112. The constitutional provision guaranteeing the full realization of the right to a defence
against accusation cannot be infringed by any procedural rules.
113. Under article 26 of the Code of Criminal Procedure, the legislator has provided
suspects and accused persons with the right to defence. They may exercise this right
themselves or with the assistance of a defence lawyer. In other words, the State does not
prohibit suspects or accused persons retaining a lawyer of their choice.
114. Pursuant to article 68 of the Code of Criminal Procedure, suspects, witnesses who
have the right to a defence, accused persons, defendants, convicted and acquitted persons
have the right to invite several lawyers to act as their defence counsel.
115. Where defence counsel is provided from State funds, the payment of legal aid lawyers
and the reimbursement of expenses associated with defence, representation and any
reconciliation is covered from the State budget and provided for in the State Legal Aid Act
and Kazakh legislation on administrative offences, criminal procedure and civil procedure.
14
GE.18-05420
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents