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2007 Assessment

Kazakhstan: Integrity Indicators Scorecard

Kazakhstan: Integrity Scorecard Report > Sub-Category: Law Enforcement
Indicators		Score
80	Is the law enforcement agency (i.e. the police) effective?	50
81	Can law enforcement officials be held accountable for their actions?	71

Indicator and sub-Indicator Details

Is the law enforcement agency (i.e. the police) effective?

80a: In practice, appointments to the law enforcement agency (or agencies) are made according to professional criteria.

Score:

100

Comments: Law enforcing agencies like the police or the Financial Police have a reputation of being corrupt. There are a lot of rumors about the sales of government positions.

References: Article Zaure Mirzakhodzhayeva How Much Does The Position of ROVD Head Cost June 14, 2006 [ LINK ]

Interview with Erlan Turgumbayev, head of Department of Internal Affairs I Am Responsible for All newspaper Karavan, Oct. 20, 2006

80b: In practice, the law enforcement agency (or agencies) has a budget sufficient to carry out its mandate.

Score:

100

$Scoring Criteria :: 100 Score Criteria: The agency (or agencies) has a budget sufficient to fulfill its basic mandate. <p>50 Score Criteria: The agency (or agencies) has limited budget, generally considered somewhat insufficient to fulfill its basic mandate. <p>0 Score Criteria: The agency (or agencies) has no budget or an obviously insufficient budget that hinders the agency\'s ability to fulfill its mandate.$

Comments:

References: Article Ainur Balakesheva Bumps And Chips of The Big Road Jan. 19, 2007 [ LINK ];1

Interview with Baurzhan Muhamedzhanov, minister of Interior Affairs Interview is given to Aleksandr Tarakov Kazakhstanskay Pravda June 23, 2007 [ LINK ]

80c: In practice, the law enforcement agency is protected from political interference.

Score:

100

Comments: it is prohibited by law for the policeman to be part of a political party. However, there were several reports of the police acting as a tool of the current regime in its efforts to suppress the opposition.

References: Interview with Baurzhan Muhamedzhanov, minister of Interior Affairs Interview is given to Aleksandr Tarakov Kazakhstanskay Pravda June 23, 2007 [ LINK ]

Report Freedom House staff 2007 Freedom in the World - Kazakhstan (2006) [ LINK ]

Can law enforcement officials be held accountable for their actions?

81a: In law, there is an independent mechanism for citizens to complain about police action.

Score:

YES

Comments: Courts are the best for appeals. Complaints or appeals can be given also to KNB, the Financial Police, or the Ombudsman. There is also an internal police security service. The right for judicial protection is declared by the constitution.

References: Constitution Section II THE INDIVIDUAL AND CITIZEN Article 13

Peer Review Comments: There is no police ombudsman or external police mechanism.

81b: In practice, the independent law enforcement complaint reporting mechanism responds to citizen's complaints within a reasonable time period.

Score:

100

Comments: It is very difficult to appeal police actions because of the corporate support they have.

References: Report 2007 Zhanabyl Zhaisanbayev, head of internal security unit, department of internal affair Preventive Measures Again And Again [ LINK ];

Article 2002 Pulman M. Silence of The Lambs Thesis of The Speech on The Court Proceedings [ LINK ]

81c: In law, there is an agency/entity to investigate and prosecute corruption committed by law enforcement officials.

Score:

YES

Comments: The Internal Security Units deals with abuse of power, the Financial Police with corruption, and the Committee of National Security (KNB) with general crimes. All of these agencies can deal with the same issues related to the abuse of power by the police. There is also the Public Council to review police work. It is also possible to write to the Ombudsman.

References: Law on the Financial Police [ LINK ]

81d: In practice, when necessary, the agency/entity independently initiates investigations into allegations of corruption by law enforcement officials.

Score:

100

Comments:

References: Report Staff of Financial Police. 2007. Report of the activities for 2006 [ LINK ];

Interview with Osman-Rustambek Bizhigitov, chair of the Department of Internal Security of the Ministry of Internal Affairs Interview is given to Askar Dzhaldinov and published in the newspaper Liter April 14, 2007 [ LINK ]

81e: In law, law enforcement officials are not immune from criminal proceedings.

Score:

YES

Comments:

References: Presidential Decree on Bodies of Internal Affairs Chapter 5 Legal Position of the employees of the bodies of Internal Affairs Article 24 Responsibility of the employees of the bodies of Internal Affairs [ LINK ]

81f: In practice, law enforcement officials are not immune from criminal proceedings.

Score:

100

Comments:

References: Report Staff of Financial Police. 2007. Report of the activities for 2006 [ LINK ];

Peer Review Comments: The state protects its agents.