80
of human rights and freedoms
in the judicial process.
Over the past 12 months,
the
Commissioner
for
Human Rights received 329
appeals about the citizens
disagreeing
with
court
decisions, which is 26% of the
total number of registered
appeals. 226 complaints fall
on the criminal form of legal
proceedings, 91 – on civil, 12
– on administrative. Most of
the complaints came from
the cities of Astana, Almaty,
Karaganda and Kostanay
oblasts. Practice shows that
the main reason for the
groundless
involvement
of citizens in the criminal
prosecution is a violation
of the regulations and
procedural rules at the stage
of pre-trial proceedings.
It is obvious that these
violations were not given a
timely assessment by the
investigative judges, who
are vested with the power
of judicial control. In their
appeals, the complainants
often note that the basis
of the sentence is usually
taken as the indictment of
the criminal investigating
authority; the court rejects
CONSOLIDATED REPORT
the petition for admission to
the case file of the findings
of
independent
expert
examinations, the testimony
of
defense
witnesses;
procedural irregularities are
not taken into account during
the investigation; indirect
evidence of guilt is admitted.
The above mentioned is
confirmed by the data of the
Prosecutor General Office of
the Republic of Kazakhstan,
according to which in 2018
the number of judicial acts
amended and canceled in
the court of appeal increased
by 1.5 times. Considering
protests of the prosecution
authorities, the cassation
court improved the situation
of more than 200 convicts
(12 of them were declared
fully not guilty, 19 were
declared partially guilty, the
rest received reduced term
of serving sentences and
relaxed security regimes of
detention)3.
Indicative in this respect
are the results of a visit
to the establishment ES164/1 of the Department
of the penitentiary system
3
http://www.nomad.
su/?a=3-201812070027
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents