of December 28, 2009 No. 7
About application of regulations of the penal and criminal procedure legislation concerning respect for personal liberty and immunity of advantage of the person, counteraction to tortures, violence, another to the cruel or degrading human dignity types of the address and punishment
For the purpose of the correct and uniform application in the criminal trial of regulations of the Constitution and the laws of the Republic of Kazakhstan providing personal liberty and immunity of advantage of the person, and also proper accomplishment of the obligations following from the Convention of the UN against tortures and other cruel, inhuman or degrading treatment or punishment (it is accepted by the General Assembly resolution 39/46 of December 10, 1984, the Republic of Kazakhstan joined the Convention according to the Law of the Republic of Kazakhstan of June 29, 1998 No. 247-1) (further - the Convention) and others, the international treaties ratified by the Republic of Kazakhstan, the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of courts that according to Article 110 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure) the body conducting criminal procedure in case of production of legal proceeding (interrogation of person, carrying out confrontation, survey, identification, etc.) shall not only explain to the participant of process of its right, but also provide possibility of their complete implementation. At the same time special value shall be given to respect for constitutional rights of man and citizen, including on immunity of advantage of the person including protection against application of tortures, another cruel or degrading human dignity of the address. Failure to carry out of these requirements of the law is the basis for recognition of the evidence obtained in case of production of legal proceeding, inadmissible.
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