74
the defense of the case is
reduced to a minimum. This
situation was happened to
the majority of detainees and
they asked NPM members to
pay special attention to it.
When NPM members
visited the establishment
RU-170/1 of the Department
of the penitentiary system
MIA RoK in West Kazakhstan
oblast, on November 15,
2018, two women arrested on
extradition were detained in
the pre-trial detention center,
and the staff identified them
as “transit convicts” and who
had no the right to meet with
their relatives and could not
receive any parcels, because
in the opinion of the staff,
such restrictions of rights
are established by the norms
of Clause 7 Paragraph 65 of
the Order of the Minister of
Internal Affairs of the Republic
of Kazakhstan dated July 26,
2017 No.505 “On approval
of the Internal Regulations
of the pre-trial detention
centers of the penitentiary
system”. It states that: “Parcels
are not accepted and are
returned to the visitor in the
following cases: to persons
CONSOLIDATED REPORT
convoyed by transit” – end of
the quotation.
Meanwhile,
the
NPM
members consider such
actions to be unlawful and
significantly violating the
legal rights of individuals
who
are
subject
to
extradition arrest as well as
their relatives. According to
NPM members, the quoted
rule refers to the transit of
prisoners across Kazakhstan,
and not the transit through
extradition to another state.
Such an interpretation of
the regulation seems to be
correct.
NPM members believe
that in this case, the rights
of extradited prisoners are
simply violated, and this issue
requires a legislative solution
or clarification of the General
Prosecutor Office of RoK. At
the same time, the criteria for
a “transit convict” should be
clearly regulated, for example,
from the moment of making
the decision on transferring
and taking into account the
exhaustion of the possibilities
to appeal against the decision
made. The necessity and
importance of making such
a decision (or clarification
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