ORDER OF THE MINISTER OF INTERNAL AFFAIRS OF THE REPUBLIC OF KAZAKHSTAN

of June 1, 2002 No. 386

About approval of the Instruction on the organization of service, to ensuring protection of the suspects and persons accused containing in temporary detention centers

In pursuance of the Law of the Republic of Kazakhstan "About procedure and conditions of detention of suspects and the crimes accused of making" I ORDER:

1. Approve the enclosed Instruction on the organization of service, ensuring protection of the suspects and persons accused containing in temporary detention centers.

2. To chiefs of Main Departments of Internal Affairs of the cities of Astana, Almaty, Main Departments of Internal Affairs - the Departments of Internal Affairs of areas, the Departments of Internal Affairs on transport to organize studying of the Instruction approved by this order with the staff providing execution of the organization of service, ensuring protection.

3. To impose control of execution of this order on the vice-Minister of Internal Affairs of the Republic of Kazakhstan major general of internal service Vlasov N. A., Department of preliminary isolation of suspects and investigative arrested of the Ministry of Internal Affairs of the Republic of Kazakhstan (Baymukhambetov M. L).

4. This order becomes effective from the date of state registration in the Ministry of Justice of the Republic of Kazakhstan.

Approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan of June 1, 2002 No. 386

The instruction on the organization of service, ensuring protection of the suspects and persons accused containing in temporary detention centers

1. General provisions

1. This Instruction on the organization of service and ensuring protection of the suspects and persons accused containing in temporary detention centers (further - the Instruction) according to the Law of the Republic of Kazakhstan "About procedure and conditions of detention of suspects and the crimes accused of making" (further the Law) regulates procedure for management of divisions and job specifications, determines the most reasonable methods of service and administrative activities, and also the organization of protection, isolation, supervision of persons containing in temporary detention centers.

Places of detention of suspects and persons accused are temporary detention centers of law-enforcement bodies.

The decision on creation, reorganization and liquidation of temporary detention center is accepted according to the procedure, established by the Ministry of Internal Affairs of the Republic of Kazakhstan.

Protection of suspects and persons accused consists in ensuring reliable isolation and supervision.

Action of this Instruction extends to persons containing in temporary detention centers:

1) the suspects detained according to the procedure of Article 132 of the Code of penal procedure of the Republic of Kazakhstan;

2) suspects, persons accused concerning whom according to the procedure of Articles 142, 150 Codes of penal procedure of the Republic of Kazakhstan the measure of restraint - arrest is chosen.

2. The chief of law-enforcement body manages job specifications of temporary detention center personally and through the officials subordinated to it. Operational management of job specifications is exercised by the person on duty on law-enforcement body. Instrument for ensuring of management is uninterrupted communication with contractors.

3. The organization of service, ensuring protection of the suspects and persons accused containing in temporary detention center includes:

1) decision making on protection;

2) control of service on protection;

3) accounting and performance appraisal of the divisions and job specifications which are carrying out these obligations;

4) execution provided by the Law and the criminal procedure legislation of instructions of investigating and judicial authorities (about isolation of suspects and persons accused);

5) preparation of forces and the funds for accomplishment of tasks transferred in subitems of 1)-4) of this Item.

4. Activities of employees of temporary detention centers are based on strict observance of legality, it is forbidden to enter in what that, the services which are not caused by interests, the relations with suspects and persons accused, their relatives, and also to use their services. The measures aiming at causing physical sufferings or humiliation of human dignity cannot be applied to persons containing in temporary detention center. Employees of temporary detention centers address suspects and persons accused on "you" and call them by the name of ("citizen Ivanov").

5. Exact and steady accomplishment by officials, temporary detention center of law-enforcement body of requirements of this Instruction, and also creation of the conditions excluding for suspects and persons accused opportunity to abscond and vessels is provided with system of the organizational measures providing:

1) control of condition of protection of suspects and persons accused, continuous improvement of its forms and methods;

2) inspection of temporary detention centers, premises of courts and examination of special equipment vehicles, check of reliability of access control, the equipment preventing escape and acceptance of timely measures to elimination of the revealed shortcomings;

3) increase in degree of combat readiness and the professional training level of employees, permanent working off of practical skills directly on workplaces, in the conditions which are brought closer to real;

4) permanent informing the employees performing protection on features of the identity of suspects and persons accused and their intentions;

5) plan development of actions on case of emergencies, complications of situation or actions in the mode of special conditions;

6) studying of the reasons and conditions promoting emergence of incidents in temporary detention centers, acceptance of adequate measures to their elimination;

7) interaction of divisions of convoy service and places of detention, on the questions stated above, with other services of law-enforcement bodies, prosecutor's office, courts and bodies of health care.

6. Control of condition of protection of persons who are held in custody is established for the purpose of timely identification and remedial action in the organization of protection. It is performed by checks of execution of this service, and also collection and the analysis of the relevant information. The system and control methods shall be enhanced, have constantly anticipatory character, be combined with rendering the practical help.

7. Divisions on protection of suspects and persons accused, for the purpose of successful accomplishment of the obligations assigned to them and the prevention of emergencies, are completed with the employees who are the most trained for service, physically developed.

The organization of combat and office training of employees of temporary detention center is plain office duty of chiefs of the specified body. Training of staff of such divisions shall include: studying of safe methods of protection of suspects and persons accused, escape methods, and also reasons and conditions it promoting; ability to distinguish preparations for escape or attack, to be effective in difficult situation and in case of emergencies; working off of acceptances of hand-to-hand fight, binding, application of handcuffs and special means, ownership of weapon.

2. Decision making on protection of suspects and persons accused

8. The decision of the chief of law-enforcement body (temporary detention center) on protection of suspects and persons accused is basis of management.

9. At the heart of the decision on protection of suspects and persons accused the amount and complexity of tasks, and also situation assessment lies.

At the same time are considered:

1) quantity and features of the contingent of the suspects and persons accused containing in temporary detention center, availability of persons among them: suspects and the serious crimes accused of making, as a part of the organized criminal groups previously convicted (including for escapes from custody), minors;

2) technical characteristic of temporary detention center, special equipment vehicles (limit of places, the number of cameras, equipment their equipment preventing escape, condition of the equipment, means of communication and the alarm system); content terms in temporary detention center; conditions of protection of suspects and persons accused of other places of temporary content;

3) completeness of staff and level of its professional training;

4) condition of public order and crime around service on protection of suspects and persons accused; season, days and meteocondition.

10. For studying and assessment of situation analytical data on condition of protection of suspects and persons accused, the relevant information of bodies of prosecutor's office, justice, the divisions performing the investigation and inquiry, pre-trial detention centers, guard of internal troops, the message of the state and public organizations, petitions from citizens, reports of chiefs of temporary detention centers on their activities are used. In necessary cases the chief of law-enforcement body gets acquainted with conditions of protection of suspects and persons accused directly in temporary detention center or on objects of their temporary content. Survey of rooms where holding field meetings of court is planned, is obligatory.

11. In the decision on protection of suspects and persons accused the chief of law-enforcement body, temporary detention center determine:

1) general content of task, service option (ordinary, strengthened, special); alignment of forces and means, possible changes in its system; quantity and type of job specifications, the sizes, procedure for their introduction in action and uses;

2) specific objectives of divisions and job specifications, place and time of execution of service by them, procedure for their preparation, arms and material logistics;

3) questions of interaction with bodies of prosecutor's office, justice, health care, investigative divisions and other services of law-enforcement bodies; control of service by job specifications.

Depending on nature of tasks, situation and conditions of protection of suspects and persons accused other questions also can be provided in the decision;

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