Unofficial translation
In accordance with paragraph 4 of Article 15 of the Law of the Republic "On Law Enforcement Service," I hereby ORDER:
Footnote. Preamble – in the wording of the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).1. Approve the attached Rules for convoying the detainees and prisoners by the Anti-Corruption Service.
2. Declare to be no longer in force the Order of the Minister of Civil Service of the Republic of Kazakhstan dated December 30, 2015 № 23 “On approval of the Rules for convoying the detainees and prisoners by the Anti-Corruption Service” (registered in the Register of State Registration of Regulatory Legal Acts № 12988, published on February 15, 2016 in the Legal Information System "Adilet").
3. The National Bureau for Anti-Corruption (Anti-Corruption Service) of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption (hereinafter referred to as the National Bureau) in the manner prescribed by law, shall ensure:
1) State Registration of this Order with the Ministry of Justice of the Republic of Kazakhstan;
2) within ten calendar days from the date of State Registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, the direction to official publication in periodicals and in the Legal Information System "Adilet";
3) within ten calendar days after the State Registration of this Order with the Ministry of Justice of the Republic of Kazakhstan, the direction to the Republican State Enterprise on the Right of Economic Use "Republican Legal Information Center of the Ministry of Justice of the Republic of Kazakhstan" for placement in the Reference Control Bank of Regulatory Legal Acts of the Republic of Kazakhstan;
4) placement of this Order on the Internet resource of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption, and the National Bureau;
5) bringing this Order to the attention of Structural Divisions and Territorial Authorities of the National Bureau.
3. Control over execution of this Order to assign to the Head of the National Bureau Tatubayev T.M.
4. This Order shall be enforced from the day of the first official publication.
|
The Chairman of the Agency of the Republic of Kazakhstan on Civil Service Affairs and Anti-Corruption |
K. Kozhamzharov |
| Approved by the Order of the Chairman of the Agency of the Republic of Kazakhstan on Civil Service Affairs and Anti-Corruption dated November 3, 2016 №41 |
Rules
for convoying the detainees and prisoners by the Anti-Corruption Service
Chapter 1. General Provisions
1. These Rules of convoy of detainees and detained individuals by the anti-corruption service (hereinafter referred to as the Rules) have been developed in accordance with paragraph 4 of Article 15 of the Law of the Republic of Kazakhstan "On law enforcement service" and shall determine the procedure for convoying by the anti-corruption service of detainees and detained individuals, suspected of committing criminal offenses, detained on the basis and in accordance with Articles 128, 131 of the Code of Criminal Procedure of the Republic of Kazakhstan (hereinafter referred to as the Code of Criminal Procedure of the Republic of Kazakhstan), as well as those accused of committing crimes in respect of which the court authorized arrest on the basis of Article 147 of the Code of Criminal Procedure of the Republic of Kazakhstan (hereinafter referred to as detainees and detained individuals).
Footnote. Paragraph 1 – in the wording of the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).2. To ensure the tasks of convoying detainees and detained individuals, groups shall be created in the departments of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) in the regions and the city of Shymkent (hereinafter referred to as the territorial body of the anti-corruption service) by the order of the head (individuals who replace him), and regular convoy subdivisions shall be created in the territorial bodies of the anti-corruption service in the cities of Astana and Almaty.
Footnote. Paragraph 2 – in the wording of the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).3. Convoying the detainees and prisoners shall be carried out along certain routes (primary, alternate), which shall be approved by the Head of the Territorial Authority of the Anti-Corruption Service (substitute person).
4. Convoying the detainees and prisoners within a settlement shall be carried out on a special vehicle.
In exceptional cases, in the absence of a special vehicle, convoying the detainees and prisoners shall be carried out on a passenger utility vehicle with the written permission of the Head of the Territorial Authority of the Anti-Corruption Service (substitute person).
5. Transportation of detainees and prisoners in passenger train cars, planes (helicopters) shall be carried out with the written permission of the Head of the Territorial Authority of the Anti-Corruption Service (substitute person).
The transportation of detainees and prisoners in commuter trains, intercity and city buses, trolleybuses and trams shall not be permitted.
6. When convoying the female detainees and prisoners, then female employees shall be included in the convoy.
7. Convoying the detainees and prisoners on foot shall be carried out only:
1) from special vehicles, or passenger service vehicles - to cells for detaining in court, an anti-corruption service body in the control zone of a temporary detention facility (hereinafter referred to as TDF), a pre-trial detention facility (hereinafter referred to as DF), to the place of investigation, to medical institutions;
2) from the place of detention of those who escaped - to the nearest temporary detention facilities, pretrial detention facility, if it is not possible to use vehicles.
Footnote. Paragraph 7 as amended by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).8. In order to ensure traffic safety and reliable protection of detainees and prisoners, the special vehicles shall be equipped with flashing beacons, radio stations with a signal output to the console of the on-duty unit of the Territorial Authority of the Anti-Corruption Service, intercoms between the cabin and the body.
9. Control over the movement of the convoy shall be carried out continuously by the on-duty unit of the Territorial Authority of the Anti-Corruption Service through established radio and telephone channels.
Chapter 2. Appointment, provision, armament of the convoy
10. For convoying the detainees and prisoners, a convoy consisting of a senior convoy and guards shall be appointed.
Three levels of convoying security shall be established - ordinary, reinforced, special.
The composition, type, size and armament of the convoy shall be determined by the Head of the Territorial Authority of the Anti-Corruption Service (substitute person):
1) ordinary convoy shall be appointed on the basis of: for one or two detainees and prisoners - two guards, for three to six - three guards, for seven to ten - seven guards. If there are five or more guards in the convoy, an assistant senior convoy shall be appointed;
2) reinforced convoy shall be appointed if there is information about the intention of one of the detainees and prisoners to escape, attack the convoy, cause harm to himself or others, due to the long length of the convoying route, for convoying by air and rail transport.
A reinforced convoy shall be appointed on the basis of: for one detainee and prisoner - three guards, for two to four - six guards, for five and more - eight guards;
3) special convoy shall be appointed during convoying the detainees and prisoners:
committed grave crimes, especially grave crimes, prone to escape, assault on guards and personnel of places of detention;
prosecuted for crimes that caused a great public outcry.
Senior officers of a special convoy shall be appointed officers of the Territorial Authority of the Anti-Corruption Service from among senior officers.
The composition of all types of convoys shall be equipped in bulletproof vests, armed with firearms, and has special means - handcuffs, as well as communications equipment (radio stations), a signal pistol, and a metal detector.
When fulfilling the duties assigned to the convoy, the guards shall have the right to use weapons, physical force and special means, in accordance with the Law of the Republic of Kazakhstan “On Law Enforcement Service”.
The Head of the Territorial Authority of the Anti-Corruption Service (substitute person) when appointing a convoy in the prescription to the senior convoy for the right to receive (surrender) detainees and prisoners (hereinafter referred to as the prescription) in the form, according to Appendix 1 to these Rules, shall determine:
1) composition and appoint the senior convoy;
2) tasks, methods and terms of its implementation;
3) order of communications, weapons, special duties of the guards.
In this case, the route schedule shall be determined, given to the Heads of the financial and economic work unit (hereinafter referred to as FEWU) and the duty department of the order to prepare for convoy a special vehicle, fuels and lubricants, communications equipment, signaling, weapons, control over their service and performance the assigned tasks will be organized.
11. It shall not be allowed to impose duties on the convoy that are not related to convoying and protection of detainees and prisoners.
All convoy personnel shall be armed with service weapons.
The type of armament of the convoy shall be determined by the Head of the Territorial Authority of the Anti-Corruption Service (substitute person), depending on conditions, procedure and type of implementation of task.
When examining the cameras of a special vehicle and other premises where detainees and prisoners are being held, weapons shall be surrendered to the senior convoy.
12. Each guard has a police whistle with him, an individual dressing bag, and the senior convoy, in addition, has a bag for documents, handcuffs for the number of detainees and prisoners.
13. The convoy shall be provided with travel documents and a cash advance payment for accommodation, expenses for meals, rent of living quarters, per diem for travel to the destination, including for detainees and prisoners, during convoying from another settlement.
14. The duty officer of the Territorial Authority of the Anti-Corruption Service shall provide operational guidance for convoy and:
1) organize the convoy service, ensure timely training, instruction, proper use and uninterrupted operation of transport, communications and other technical means;
2) control the departure of special vehicles and their return;
3) ensure the safety of weapons, ammunition and other property, monitor the timely and full delivery of orders, at the end of the service of weapons, ammunition and other special and technical equipment issued to them.
15. The senior convoy shall ensure accurate and timely execution of the task for convoying the detainees and prisoners, and observance of the law by subordinates, preserving official documents for detainees and prisoners, armaments, special, technical and other materiel in using a convoy.
Senior convoy shall:
1) study the convoying route and its features, basic information about detainees and prisoners;
2) receive the necessary official documents specified in the list of official documents issued to the senior convoy, in accordance with Appendix 2 to these Rules, armament, special technical equipment and other materiel issued by the convoy, organize their proper use;
3) keep a convoy travel journal (hereinafter referred to as the Travel Journal) in the form in accordance with Appendix 3 to these Rules;
4) manage the actions of convoy for timely delivery of detainees and prisoners to their destination, provide security during the investigation;
5) determine the methods of action of convoy in case of incidents, if the situation on the main convoying route is complicated, the transition to the alternate route, when escaping, organize immediate pursuit and detention of those fleeing.
16. The senior convoy shall not be allowed:
1) change the procedure for convoying the detainees and prisoners;
2) leave the convoy for a while, if the situation does not require it.
17. The guard shall obey the senior convoy.
Guard shall:
1) accurately fulfill his duties;
2) be in the place determined by the senior convoy and not excommunicated without his permission;
3) has a serviceable and in constant readiness for action weapon;
4) demanding and polite in the treatment of detainees and prisoners, and conduct constant monitoring of them;
5) at the direction of the senior convoy, execute a search of detainees and prisoners, seize from them and transfer the items and things prohibited for storage to the senior convoy.
18. The guard shall not be allowed:
1) distracted from service;
2) enter into conversations with detainees and prisoners, unless it is necessary to give instructions on the procedure for movement and compliance with the requirements of conduct during convoying;
3) to accept from them or to transfer to them from strangers any objects, notes, food;
4) to divulge the route of the convoy and its final point.
19. The driver of a special vehicle shall be a part of the convoy, shall report to the senior convoy.
The driver of a special vehicle shall:
1) study the convoying route and its features;
2) ensure the constant readiness of a special vehicle for operation, strictly comply with the Traffic Rules, approved by the order of the Minister of Internal Affairs of the Republic of Kazakhstan dated June 30, 2023 № 534 "On approval of traffic Rules, Main provisions on admission of vehicles to operation, list of operational and special services, vehicle of which shall be subject to equipment with special light and sound signals and painting according to special colour schemes " (registered in the Register of State Registration of Regulatory Legal Acts under № 33003) (hereinafter referred to as the Traffic Rules);
3) precisely comply with the instructions of the senior convoy on speed of the route, immediately stop the special vehicle at his command or upon receipt of such a signal from the guards in the back;
4) not leave a special vehicle unattended, when exiting the cab, turn off the ignition, store the ignition key;
5) have the documents in accordance with the Traffic Rules.
Footnote. Paragraph 19 as amended by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).20. The driver of a special vehicle shall not be allowed:
1) leave a special vehicle assigned to him unattended;
2) transfer control of a special vehicle to another person.
21. In the event of escape of detainees and prisoners, the convoy unit shall take immediate measures to prosecute and detain them, check the probable directions of movement and possible places of their shelter. The senior convoy immediately reports about the escape to the console of on-duty unit of the Territorial Authority of the Anti-Corruption Service, appoints a special group from the convoy and instructs them on the capture of those who escaped.
Chapter 3. Grounds for convoying the detainees and prisoners
22. Convoying the detainees and prisoners shall be carried out on the basis of:
1) court orders on convoying;
2) decisions of the prosecutor, investigator on performance of certain investigative actions.
23. Convoying the detainees and prisoners for carrying out investigative actions shall be carried out on the basis of a written application for convoying the detainees and prisoners (hereinafter referred to as the application) submitted by the official performing the functions of criminal prosecution in the form according to Appendix 4 to these Rules, in 2 copies (the 1 copy - in the THF or PDF, the 2 copy - for the convoy).
24. The application shall be signed by the Head of the Territorial Authority of the Anti-Corruption Service (substitute person) and sealed with a stamp.
25. The first copy of the application for convoying the detainees and prisoners shall be sent to the place of their detention (in the THF or PDF) a day before the start of the investigation, the second one to the convoy unit.
Chapter 4. Reception of detainees and prisoners for convoying
26. The convoy, having received the assignment for convoying, should go to the reception unit for detainees and prisoners, where the senior convoy shall:
1) present the order and prescription to the duty officer on THF, PDF;
2) receive the prepared documents and check the correctness of their execution, determine the procedure for placing detainees and prisoners in the cameras of a special vehicle, inform the guards about the persons suspected and accused, for whom enhanced supervision shall be required;
3) perform the calculation and arrangement of the convoy for a personal search and protection of detainees and prisoners at the time of their reception for convoying, accept for temporary storage weapons of guards allocated for the search and placement of detainees and prisoners in cameras of a special vehicle;
4) inspect the premises where detainees and prisoners will be received, as well as the performance of investigative actions, remove objects that can be used to escape or attack.
Documents for detainees and prisoners shall be transferred to the senior convoy.
In cases where a detainee or prisoner subject to convoy is inclined to escape or attack the convoy, the words “inclined to escape” shall be written in the documents.
27. In the room where detainees and detained individuals shall be received, there are only individuals who hand over and accept them for convoy.
In case of doubt about the identity of the detainee and the detained individuals, the senior convoy shall apply for appropriate explanations to the duty officer of the temporary detention centre (TDC, DC and subsequently shall act according to the explanations received.
Detainees to be convoyed and detainees who report illness shall be examined by a doctor (paramedic), who shall make an entry in the health certificate, in the form according to Annex 2 to the Rules for the provision of medical assistance to individuals held in pre-trial detention centres and penitentiary institutions (penitentiary) system, approved by the order of the Minister of Healthcare of the Republic of Kazakhstan dated June 30, 2022 № MH RK-61 "On approval of the Rules for the provision of medical care to detained individuals in pre-trial detention centres and penitentiary institutions (penitentiary) system "(registered in the Register of State Registration of Regulatory Legal Acts under № 28669).
In all cases of convoy of detainees and detained individuals, patients with tuberculosis, convoys and detainees and detained individuals, gauze bandages or medical masks shall be issued.
Footnote. Paragraph 27 - as amended by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).28. Detainees and prisoners accepted for convoying shall be registered in accordance with the documents on them in the Travel Journal.
29. The following shall not be eligible for convoy:
1) detainees and prisoners with documents drawn up incorrectly and without documents;
2) patients who are not subject, according to the conclusion of the doctor (paramedic), to convoy.
30. The convoy shall be provided with a medical kit.
If necessary, in the event of a sudden illness, injury or accident, with the permission of the duty officer of the Territorial Authority of the Anti-Corruption Service, the convoyed detainee or prisoner shall be convoyed to a medical institution for medical assistance.
31. In the event of death of a convoyed detainee or a prisoner along the route, the senior convoy reports this fact to the duty officer of the Territorial Authority of the Anti-Corruption Service, who calls the task force of the nearest internal affairs authority to carry out the necessary investigative actions.
After carrying out investigative actions, the convoy shall deliver the corpse of deceased to the nearest morgue for a forensic medical examination by order of the investigator.
Chapter 5. Convoying detainees and prisoners by a special vehicle
32. Before leaving for production of a convoy, the senior convoy checks the condition of the body of a special vehicle, the condition of lighting, intercom, communications, ventilation, camera doors and locks, the strength of the benches and equipment, takes measures to eliminate identified shortcomings.
The convoying detainees and prisoners, men and women without isolation from each other shall not be allowed. Separately from others and in isolation from each other, patients with an open form of tuberculosis and other infectious diseases shall be convoyed.
33. For the period of convoying, persons held in custody shall be placed in the following categories:
women - separately from men;
detainees and prisoners, being under a group case, if there are instructions from the judicial and investigative authorities, separately from each other;
minors - separately from adults;
foreign citizens and stateless persons - separately from all other categories;
patients with active tuberculosis with bacillus excretion together;
suffering from mental disorders - separately from all other categories;
former law enforcement and special authorities, as well as judges, - separately from all other categories.
34. A guard at the cameras of a special vehicle constantly shall monitor the behavior of detainees and prisoners. In a special vehicle, it shall not be allowed to obscure the viewing grilles from the inside, make noise, smoke, spoil the body equipment, as well as talk or bang with people in other cells. If these requirements are not observed, the escort with the senior convoy shall send a signal to the cabin to stop and takes measures to prevent violations, only the senior convoy shall be allowed to open the camera doors.
35. When the detainees and prisoners at the final destination shall be disembarked, the driver of the special vehicle, at the direction of the senior convoy, shall stop the special vehicle in a predetermined place, possibly excluding access by unauthorized persons.
The convoyed detainees and prisoners shall be lined up one at a time and follow the command of the senior convoy to the premises.
36. Only one detainee or a prisoner who is placed in the back seat between two guards shall be transported in a light service vehicle.
On the route, he shall be handcuffed in the front or arm position of one (two) guards according to the convoying scheme for detainees and prisoners (hereinafter referred to as the scheme), in accordance with Appendix 5 to these Rules. The doors of a light service vehicle shall be locked in the closed position, the windows shall not open.
37. Transportation of detainees and prisoners in unequipped or loaded vehicles, as well as in vehicles with a tipping body and on motorcycles, shall not be permitted.
38. The senior convoy liaises with the duty officer of the Territorial Authority of the Anti-Corruption Service on the route to the destination.
Chapter 6. Convoying detainees and prisoners by air transport
39. The transportation of detainees and prisoners in aircraft shall be allowed in cases where the convoy route is longer than 500 km, or when air transport shall be the only means of communication.
Transportation on board an aircraft of a detainee or a prisoner shall be carried out by an enhanced or special convoy.
40. The airline about the estimated date of transportation of detainees and prisoners, the flight number on which the transportation shall be planned, it shall be notified at least 24 hours after the signature of the Head of the Territorial Authority of the Anti-Corruption Service (substitute person).
41. The guards shall be notified by the airline representative of potential danger to the flight of the aircraft, if they take any action without indicating the aircraft commander (or coordination).
42. The convoys shall ensure that the detainees and detained individuals, there must not be any substances and items prohibited for transportation by aircraft, the hazardous substances and objects listed in the List, as well as all types of drugs, prohibited to passengers in transportation on civil aircraft, approved by the order of the Acting Minister of Industry and Infrastructure Development of the Republic of Kazakhstan dated July 27, 2023 № 548 "On approval of the List of hazardous substances and objects, as well as all types of drugs prohibited to passengers for transportation by civil aircraft " (registered in the Register of State Registration of Regulatory Legal Acts under № 33197).
Footnote. Paragraph 42 – in the wording of the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).43. The guards have the means (handcuffs) to restrict the freedom of action of detainees and prisoners.
44. The guards shall not be allowed to carry tear-gas containers or similar disabling gas-generating devices on board the aircraft.
45. The guards submit official and other necessary documents to the personnel of the aviation security service, representatives of the internal affairs authorities in transport and flight attendants.
46. Other passengers who have the right to carry firearms on board an aircraft shall be notified of the carriage of detainees and prisoners and guards.
47. The boarding of detainees and prisoners shall be carried out in the first place, and their unloading, after all passengers leave the aircraft.
48. The seats occupied by guards, detainees and prisoners shall be located in the rear of the passenger compartment.
49. Detainees and prisoners shall be placed only in a row with two or more seats, one guard shall be between the detainee or prisoner and any passage.
50. Detainees and prisoners shall be constantly accompanied by a guard and shall be under their supervision, including while using toilet.
51. The guards, detainees and prisoners on board an aircraft shall not be served alcoholic beverages.
52. At the discretion of the guards, detainees and prisoners shall be served food without metal supplies and a knife.
53. When transporting a detainee and a prisoner, prone to escaping or attacking a convoy, the transport of no more than one convoyed detainee or prisoner shall be allowed.
54. In all cases, the transportation of detainees and prisoners on aircraft shall be handcuffed (except for women and minors). Moreover, their hands in handcuffs shall be in position, according to the scheme.
55. The guard in the aircraft cabin shall supervise the detainee and prisoner not allow him to rise from his seat, talk to passengers, receive or transfer any items.
The senior convoy shall be located at the rear of the cabin (behind the seats reserved for detainees and prisoners), from which constant supervision of the behavior of detainees and prisoners and performance of duties by guards on board the aircraft shall be ensured.
56. In case of a long (1.5 hours or more) delay in the departure of the aircraft, the detainees and prisoners shall be transferred by the guard from the aircraft to the premises isolated from the passengers by the airport administration. If the aircraft shall be delayed at night, at the intermediate airport, the detainees and prisoners shall be placed under guard in the THF.
Chapter 7. Convoying detainees and prisoners in passenger train carriages
57. Convoying by rail transport shall be carried out in compartment carriages of passenger trains.
Convoying shall be carried out only by reinforced or special convoy.
The convoy and detainees and prisoners shall be placed separately in the last compartment of carriage.
The convoying route shall be coordinated with the linear police departments on transport.
Transportation of detainees and prisoners in carriage with reserved seats shall not be allowed.
Transportation shall be carried out only in handcuffs in the "front" position, according to the scheme, while the window in the compartment shall be fixed in closed position.
Detainees and prisoners shall be taken to the toilet one at a time by the senior convoy and guard following in front and behind the detainee and prisoner.
The door of toilet, when the detainee or prisoner being in it, remains ajar, the handcuffs shall be removed, the window shall be fixed in closed position.
58. Before boarding detainees and prisoners in a compartment carriage of passenger train, the senior convoy shall inspect the carriage and the last compartment, where they will be placed.
59. The entraining detainees and prisoners into the compartment carriage shall be carried out before the general boarding of passengers, and unloading only after all passengers.
60. When detainees and prisoners shall be taken to the train, a special vehicle shall be delivered to the carriage’s vestibule, and at the end of boarding, it shall be taken to the parking, where it is located before the train leaves. The parking place of a special vehicle shall be agreed in advance with the administration of railway station.
Chapter 8. Convoy actions during incidents
61. In the event of an incident (assault, escape, disobedience of convoyed detainees and prisoners, hostage-taking, fire, natural disaster, wreck, accident and others), the senior convoy immediately reports to the Head of the Territorial Authority of the Anti-Corruption Service (substitute person) and acts according to combat crew of convoy during incidents.
62. When attacking a convoy, the senior convoy organizes the repulsion of attack by convoy forces, while armed attack they use service weapons in accordance with the Law of the Republic of Kazakhstan “On Law Enforcement Service”.
63. In the event of a clear attack on him, the guard or detainees and prisoners, sends an “Attack” signal and takes measures to repel the attack.
If necessary, engages in hand-to-hand combat to protect himself, a convoy or other persons.
In an armed attack, he uses a service weapon in accordance with the Law of the Republic of Kazakhstan “On Law Enforcement Service” to protect himself, other persons or a convoy, and repel an attack.
64. When escaping convoyed detainees and prisoners:
from a special vehicle - a special vehicle shall be stopped, detainees and prisoners shall be transferred from a damaged cell to a working one or to another special vehicle, and in the absence of such capabilities, a working special vehicle shall be called from the unit;
from the judicial institution or premises of the anti-corruption service - the convoy immediately shall chase the persecution of those who escaped, the senior convoy shall notify the head of the territorial body of the anti-corruption service (acting individual), if those who has escaped not leave the building of the judicial institution or anti-corruption service, the convoy shall organize a thorough search for those who has escaped inside the building.
Footnote. Paragraph 64 as amended by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).65. In case of emergency situations of a natural nature, in accordance with the Law of the Republic of Kazakhstan “On Civil Protection”, the senior convoy organizes, if necessary, assistance to victims, rescue of weapons and property moves to safer places of convoyed detainees and prisoners, under protection. At the direction of the Head of the Territorial Authority of the Anti-Corruption Service (substitute person), they evacuate, take measures to protect property and maintain the established regime.
66. In the event of an accident of a special vehicle, if it cannot follow its own, the senior convoy displays emergency stop signs, calls another special vehicle from the unit, arranges for the transfer of detainees and prisoners into it, and further convoying to the destination.
If it is impossible to transfer detainees and prisoners (active traffic, crowds and others), the senior convoy will organize the towing of the faulty special vehicle to the nearest PDF, THF of the nearest internal affairs authority. If the accident occurred outside the village and the special vehicle is heavily damaged, the senior convoy takes the detained and prisoned out of it to a place convenient for organization of protection until arrival of working special vehicle.
Chapter 9. Protection of detainees and prisoners during the sanctioning the preventive
measures, proceeding of investigative actions, expert examinations, medical services
67. After the detainee or prisoner shall be placed in a temporary detention room (hereinafter - the TDR) in the Courthouses of the Territorial Authority of the Anti-Corruption Service, the guard shall conduct constant supervising of him, not allow him to talk with other persons, receive or transfer any items.
68. When sanctioning a preventive measure by a court, the convoy shall protect the detainee or prisoner.
69. Upon delivery to the administrative building of the Anti-Corruption Service Authority, the senior convoy performs registration of the delivered convoyed detainees and prisoners on duty in case of departure upon exit.
Prior to the start of investigative actions (during breaks), they shall be placed in TDR, in which detention shall be carried out under conditions that exclude a threat to their life and health.
TDC shall be located on the ground floor of the facility (location in basement, basement floors shall not be allowed), in a separate office (room) with an area of at least 6 square meters, fenced with partitions to the ceiling, a door made of shock-resistant transparent material, equipped with a bench attached to the floor, ventilation, locks on doors, safety systems (metal grilles on the windows, video surveillance with output to the monitors of the duty unit, an alarm button for calling the convoy), the convoy workplace.
To carry out investigative actions, the convoy shall issue to the investigator who sent an application, with registration in the reception and delivery register of the detained and prisoned, in the form, in accordance with Appendix 6 to these Rules, with transmission to special rooms - cabinets for investigative actions.
Cabinets for investigative actions shall be located on the ground floors of buildings (location in the basement and cellar story shall strictly not be allowed), equipped with security systems similar to the TDR, as well as the workplaces of the investigator, defense counsel (public representative), a separate place for the suspect, accused (possibly enclosed by shockproof transparent partitions to the ceiling, equipped with a bench fixed to the floor, ventilation, locks on the doors), other participants in the investigative action, howling alarm button call attire.
The senior convoy shall inspect the cabinet for investigative actions, take measures to eliminate identified shortcomings.
At the request of the investigator shall ensure the personal presence of the convoy, while the guards shall be located at the windows, the senior convoy at the doors.
During the conduct of investigative actions on the area, the senior convoy shall inspect the area (room) where the investigative action shall be scheduled to be carried out, and determine, in agreement with the person conducting it, the guards of the detainees and prisoners, the guards shall be inextricably next to them, they use handcuffs, accompany with all their movements, due to the nature of investigative action, conduct a personal search before boarding a special vehicle.
On completion of investigative action or the need to continue it in the following days, the investigator (the person conducting the inquiry) shall make a mark in the application for convoy and affix it with his signature.
Footnote. Paragraph 69 as amended by the order of the Chairman of the Anti-Corruption Agency of the Republic of Kazakhstan (Anti-Corruption Service) dated 12.10.2023 № 331 (shall enter into force upon expiry of ten calendar days after the day of its first official publication).70. After completion of investigative actions in the building of the Territorial Authority of the Anti-Corruption Service, the senior convoy shall take the detainee or prisoner from the investigator and place him in the TDR before convoying to the place of detention.
71. The placement of detainees and prisoners in the TDR before being convoyed to the PDF, THF shall be allowed for a period not exceeding 3 hours.
72. The taking of detainees and detainees to the toilet shall be carried out one at a time by a senior convoy and guard following the front and behind of the detainees and prisoners.
The door of the toilet, when the detainee or prisoner is in it, remains ajar, the handcuffs shall be removed, the window shall be closed.
73. When conducting a medical examination, various expertise in general medical institutions - the convoying shall be carried out by one senior convoy and guard, as well as personal presence of convoy shall be provided, located if necessary at the front door and window.
74. The placement of detainees and prisoners for inpatient treatment in general medical facilities shall be only possible in emergency cases, when it is impossible to provide qualified medical care in PDF.
The protection of detainees and prisoners for inpatient treatment at medical facilities shall not be allowed by the Territorial Authority of the Anti-Corruption Service.
| Appendix 1 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
Form
Stamp
To__________________________
______________________________
(position, surname, name,
patronymic (if any)
Prescription
to the senior convoy the right to receive (surrender) detainees and prisoners
(with the list of convoy personnel)
The bearer of this prescription has been appointed the senior convoy
_____________________________________________________________________
for convoy and reception (surrender) of detainees and prisoners to
(for) ______________________________________________________
_____________________________________________________________________
(name of Court, Anti-Corruption Service Authority)
The prescription is valid for the period of
up to _____________ 20__
SEAL
Head of Anti-Corruption Service
____________________________________________
____________________________________________
(surname, signature)
Back page
Convoy composition
№ |
Surname, name, | Position | Type, number of weapons |
| Appendix 2 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
List
of official documents issued to senior convoy
When convoying within the city:
1) a prescription to senior convoy on the right to receive (surrender) detainees and prisoners (with the list of convoy personnel);
2) sealed packages with documents for each detainee and prisoner;
3) a convoy travel journal;
4) a register of reception and surrender of detainees and prisoners;
5) an application for convoying detainees and prisoners.
| Appendix 3 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
Form
Front page
Convoy Travel Register
__________________________________________________
__________________________________________________
(name of Anti-Corruption Service Authority)
__________________________________________________
(convoy unit)
__________________________________________________
__________________________________________________
Started: ___________ 20___
Ended: " " __________ 20 ___
Back page
№ | Place, date and time of departure | Driving route | Place, date and time of arrival | Senior convoy mark |
| Appendix 4 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
Form
Application
for convoying detainees and prisoners
Stamp
To the Head ___________________
________________________________
(name of authority)
Request send the convoy _________________________________________
(date, time)
for convoying of persons named on the back to
____________________________________________________________________
____________________________________________________________________
(name of judicial institution, place of investigative action)
by address __________________________________________________________
Persons to be convoyed shall be available
____________________________________________________________________
(position, surname)
The start of trial procedure (investigative proceedings) in
___________________________,
(time)
Estimated duration __________________________________
(time)
__________________________________
(surname, signature)
Back page
№ |
Surname, name, patronymic | Year of birth | Article of the Criminal Code of the Republic of Kazakhstan, on which it is suspected, is accused | Place of detention, name of Detention Facility, Temporary Holding Facility |
continuation of table
Requirement for internal isolation (denote separate keeping from partners) | Denote type of convoy (ordinary, reinforced, special) | Other prescriptions for convoy order | Surname, name, patronymic (if any), who searched the detainees and prisoners | Receipt of the Duty Assistant to the Head of the Detention Facility, the Duty of Temporary Holding Facility on reception of detainees and prisoners, sealing it |
Head of Anti-Corruption Service Authority
____________________________________________
____________________________________________
(surname, signature)
| Appendix 5 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
Scheme for convoying of detainees and prisoners
| Handcuffs behind the “back” position | ||
| Handcuffs in “front” position. | ||
| Handcuffs are put on hand of a detainee or prisoner and hand of a guard | ||
| Handcuffs are put on both hands of a detainee or prisoner, on the right and left hands of guards | ||
| The links of handcuffs connected by a flexible metal cable are put on the right hand - left hand of guard and detainee or prisoner, standing in a column between them | ||
| Handcuffs are put on the right - left hand of detainees and prisoners, | ||
| The links of handcuffs connected by a flexible metal cable are put on the right hand - left hand of detainees or prisoners and guards standing in a column | ||
Symbols | |||
|
|
| |
| Appendix 6 to the Rules for convoy of detainees and prisoners by the Anti-Corruption Service |
Form
Front page
REGISTER
of reception and surrender of detainees and prisoners
____________________________________________
(name of authority)
Started: ___________ 20___
Ended: __________ 20 ___
Back page
№ | Surname, name, patronymic (if any) of detainee or prisoner | Surname, name, patronymic (if any) of receiving employee | Time of reception | Signature upon reception | Time of surrender | Signature upon surrender |
