Detention without court order to be reduced in Kazakhstan
The Article 16 of the Constitution of Kazakhstan, which enshrines the mechanisms for human rights protection, will undergo changes, Qazinform News Agency quotes Snezhanna Imasheva, Majilis deputy and Constitutional Reform Commission member, as saying.
She said that Clause 1 of Article 16 directly enshrines personal inviolability, i.e. the protection of a person from arbitrary detention, violence, illegal search, coercion, and other interference.
The word “guaranteed” underscores the State’s obligation to actually provide this protection, and not simply to proclaim the principle.
“Clause 2 changes the “threshold” for detention without trial. That is, without a court order, it will be no more than 48 hours, and up to 72 hours only in exceptional cases as stipulated by law," she explained.
In addition, a new Clause 3 will be introduced, providing for the mandatory explanation of rights upon detention. Individuals must be informed of the grounds for the restriction of their freedom and of their rights, which shall be enshrined as a constitutional guarantee.
