Article 5. Observance of individual rights and freedoms in carrying out operational investigative activities Law on Operational Investigative Activities

Home / RLA / Article 5. Observance of individual rights and freedoms in carrying out operational investigative activities Law on Operational Investigative Activities

1. It is not allowed to carry out operational search activities, as well as the use of information obtained during their conduct to achieve goals and objectives not provided for by this Law.

2. The actions of the body carrying out operational investigative activities may be appealed to a higher authority, either the prosecutor's office or the court.

3. A person whose guilt in the preparation or commission of a crime has not been proven in accordance with the procedure established by law has the right to demand from the body carrying out operational investigative activities information that served as the basis for his verification and on the nature of the information available in relation to him, to the extent that excludes the disclosure of state or other legally protected secrets.

If the decision of the body carrying out operational investigative activities to refuse to provide the necessary information to the applicant is found to be unjustified, the court, by its reasoned decision, and the prosecutor, by way of prosecutorial supervision, may oblige the said body to provide the applicant with the information provided for in paragraph 3 of this article.

4. In order to ensure the completeness and comprehensiveness of the complaint, all operational and official documents are provided at the request of the prosecutor, with the exception of information about the identity of confidential assistants and full-time secret staff.

At the request of the judge, operational and official documents are provided, with the exception of information about the organization of operational search activities, specific operational search activities, sources and methods of obtaining information.

5. Information obtained as a result of operational investigative activities concerning personal life, honor and dignity of a person, if they do not contain information about the commission of actions prohibited by law, are not subject to storage and are destroyed.

The materials obtained as a result of operational search measures in respect of persons whose guilt in committing a crime has not been proven in accordance with the procedure established by law, as well as in respect of whom no pre-trial investigation has been conducted, are kept for one year from the date of termination of the relevant case of operational accounting, and then destroyed. Phonograms and other materials obtained as a result of listening to telephone and other conversations of persons in respect of whom a pre-trial investigation has not been initiated are destroyed within six months from the date of termination of the relevant case of operational accounting, and a protocol is drawn up. Three months before the date of destruction of materials reflecting the results of operational investigative measures carried out on the basis of the prosecutor's approval, the relevant prosecutor is notified about this.

The procedure and terms for storing and destroying the results of operational search activities obtained in the course of intelligence activities, as well as in the field of countering extremism and terrorism, are established by departmental regulatory legal acts.

The Law of the Republic of Kazakhstan dated September 15, 1994 No. 154-XIII.

This Law defines the content of operational investigative activities carried out on the territory of the Republic of Kazakhstan and establishes a system of legal guarantees of legality in its conduct.

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Republic of Kazakhstan

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