On the state of legality in the criminal and penal system

19 April 2018 Версия для печатиВерсия для печатиPDFPDF
On the state of legality in the criminal and penal system - 1111869340

Astana, April 19, 2018. Today, under the chairmanship of the Prosecutor General Kairat Kozhamzharov, there was a meeting of the board on the results of checks on compliance with the legality of the execution of criminal punishments and “Yenbek” activities.

The Assistant to the President - Secretary of the Security Council, ministers of internal affairs, labor, health, information and religious affairs, as well as other interested state bodies and akimats took part in the work.

The Prosecutor General noted that within the framework of the implementation of the instructions of the Head of State, comprehensive measures were taken to humanize the criminal law, to reduce its repressive nature.

As a result, during the years of Independence, the country's position in the international prison index has been improved from the 3rd to the 73rd place. "Prison population" was reduced from 100 to 35 thousand prisoners, 8 colonies were closed, budget savings made 12 billion tenge.

The secretary of the Security Council, Nurlan Ermekbayev, emphasized the shortcomings and the need for real reform of the penitentiary system.

The inspection conducted by the Prosecutor General revealed problems in ensuring the legality and observance of the prisoners’ rights.

Thus, crime among convicted persons grew by 44%. In the basis of offenses lies in interpersonal conflicts, malicious violations of the regime and acts of self-harm.

K.Kozhamzharov emphasized the need for systematic work on the prevention and suppression of torture. For these purposes, he put before the Interior Ministry the task of improving the mechanisms for ensuring the regime in correctional institutions.

"We need to develop a single algorithm of action for each incoming signal", - the Prosecutor General emphasized.

They drew attention to the increase in mortality among prisoners. Today in correctional institutions there are 756 people with disabilities, 25 oncological patients, 4 are not able to move on their own.

In this regard, the Prosecutor General has instructed the ministries of internal affairs and public health to review the List of diseases for early release from the places of deprivation of liberty.

The Minister of Labor and Social Protection of the population are recommended to provide state support to the order of 800 convicted persons with disabilities.

Also, it is charged to develop a full-fledged mechanism of employment of persons released from prisons.

According to the results of the prosecutor's investigations on “Yenbek” activities designed to provide employment and logistical support for the convicted persons, systemic violations of the law on state purchases, the facts of abuse of official authority and theft of budget funds were revealed.

There was established damage to the state in the amount of over 3 billion tenge, 32 pre-trial investigations were initiated.

The speakers noted in their speeches that the enterprise was actually transformed into a source of personal enrichment of its officials.

Over the past 3 years, five leaders of the RSE branches in the East Kazakhstan, West Kazakhstan and Aktobe regions have been convicted of committing corruption crimes.

This year, the leaders of "Yenbek-Kokshetau" and "Yenbek-Kostanai" are being prosecuted for taking a bribe.

Embezzlement of budget funds was also established in the repair of works in the institutions of Astana, Akmola and Almaty regions.

There are shortcomings in the area of probation. In particular, there is a lack of a coordinating role of akimats in the resocialization of convicted persons, inadequate interaction between the health authorities, justice, labor and social welfare.

Following the results of the discussion, after hearing the reports of responsible officials, the Prosecutor General noted the need to improve the system of execution of sentences.

"We need a comprehensive approach and a Strategy for reforming the criminal and penal system with the definition of the main vectors. It is necessary to achieve "zero tolerance" for corrupt manifestations in the system of execution of punishment. It is necessary to change the methodology of ensuring the regime in the colonies, not allowing the elements of suppressing the identity of the convicted persons and humiliating their dignity. The responsibility of the Akims in coordinating the work on the resocialization of the convicted persons should be increased, "K.Kozhamzharov summed up.

Along with the abovementioned, the Board has developed a number of specific recommendations for improving the state of legality in the area under consideration.


Press service of the General Prosecutor's Office




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