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

of June 1, 2002 No. 385

About approval of Regulations of temporary detention centers of law-enforcement bodies

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 Regulations of temporary detention centers of law-enforcement bodies.

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, the Rules approved by this order with staff providing execution of internal rules and procedures of temporary detention centers.

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. M.).

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. 385

Regulations of temporary detention centers

1. General provisions

1. These rules of internal rules and procedures of temporary detention centers of law-enforcement bodies (further - Rules) according to Art. 15 of the Law of the Republic of Kazakhstan "About procedure and conditions of detention of suspects and the crimes accused of making" (further the Law) regulate procedure for activities of temporary detention centers of law-enforcement bodies, for the purpose of providing detention regime under guards of suspects and the crimes accused of making.

The mode includes procedure and conditions of detention of suspects and persons accused, providing their rights, execution of the obligations by them, their isolation, and also accomplishment of the tasks provided by the Code of penal procedure of the Republic of Kazakhstan. Rules are obligatory for employees of temporary detention center, suspects and persons accused containing in them and also the other persons visiting temporary detention center.

2. In temporary detention center are passed:

1) the prosecutors exercising supervision of legality in places of detention on presentation of the identity certificate, freely at any time;

2) the officials of law-enforcement body exercising inspection or control of the organization and service on protection of suspects and persons accused, police officers of places of detention - on presentation of the identity certificate;

3) the staff of other services - on presentation of the special instruction issued by the chief of higher body of internal affairs;

4) the prosecutors, investigators and persons making inquiry - according to identity certificates - in investigative offices of temporary detention center and only for production of investigative actions;

5) the staff of criminal police - on presentation of the identity certificate and written permission of person in which production there is criminal case - in investigative offices of temporary detention center;

6) the police officers who are participants or involved in criminal trial accompanied by the investigator or person making inquiry on presentation of the identity certificate - in investigative offices of temporary detention center;

7) defenders - on presentation of the order legal консультациив investigative offices of temporary detention center;

8) other persons to whom the appointment to the detained suspects and persons accused - on presentation of the corresponding permission and the passport is in accordance with the established procedure provided (the document, it replacing) only to the room for appointments;

9) the health workers who arrived for delivery of health care to person needing it - on presentation of the job specification and accompanied by the person on duty (the assistant to the person on duty) on temporary detention center or the chief of temporary detention center - to the patient;

10) the employees of bodies of health care who are exercising sanitary inspection of places of detention or arrived to temporary detention center for carrying out anti-epidemic work - on presentation of the special instruction, are followed to all rooms of temporary detention center by the person on duty (the assistant to the person on duty) on temporary detention center or the chief of temporary detention center.

3. The prosecutors, investigators and persons who are making inquiry, arrived to temporary detention center with weapon shall hand over it on temporary storage in law-enforcement body. This procedure extends also to all other officials of law enforcement agencies to whom visit of regime rooms of temporary detention center is authorized.

In the person on duty on temporary detention center there shall be samples of the documents which are the basis for the omission in temporary detention center of persons listed in Item 2 of these rules.

4. Abuse of regulations attracts responsibility in the established procedure operating with the legislation.

2. Acceptance and accommodation of suspects and persons accused on cameras

5. Persons brought in temporary detention center are accepted round the clock on duty on temporary detention center which checks availability of the bases for acceptance, interviews delivered, verifies their answers with data of the protocol on detention on suspicion of crime execution (appendix 1) (resolutions, the court verdict) and other documents, registers in register of the suspects and persons accused containing in temporary detention center (appendix 2).

6. The basis for acceptance and content of suspects and persons accused in temporary detention center is:

1) the protocol of detention (appendix 1), constituted by the investigator or the investigator to whom are applied: the protocol of personal search (appendix 2), the message to the prosecutor and the suspect's relatives constituted according to the procedure of Articles 134, of 135, 138 Codes of penal procedure of the Republic of Kazakhstan (the protocol of detention constituted by the investigator affirms the chief of body of inquiry);

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