CAT/OP/KAZ/1/Add.1 of first instance whose powers include the implementation, in accordance with the Code of Criminal Procedure, of judicial control over compliance with the rights, freedoms and lawful interests of persons involved in criminal proceedings. 103. Article 55 of the Code of Criminal Procedure defines the powers of the investigating judge: (1) To authorize detention; (2) To authorize house arrest; (3) To authorize temporary suspension from duties; (4) To authorize a restraining order; (5) To authorize arrest prior to extradition; (6) To extend a period of detention, house arrest or arrest prior to extradition; (7) To approve the use of bail; (8) To authorize the seizure of assets; (9) To approve involuntary confinement to a medical establishment of a person not currently in detention for a forensic psychiatric examination and/or medical examination; (10) If mental illness is ascertained, to approve the transfer of a person previously held in detention to a specialized psychiatric facility adapted for the detention of patients in strict isolation; (11) To approve the exhumation of human remains; (12) To declare an international search for a suspect or accused person. 104. 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. GE.18-05420 13