Constitutional Court of the Republic of Kazakhstan: The Lawfulness of Obtaining Audio and Video Recordings Must Be Assessed in the Context of a Specific Criminal Case

The Constitutional Court considered a petition seeking review of the constitutionality of a provision of a normative resolution of the Supreme Court concerning the assessment of evidence in criminal proceedings. The petition arose from a criminal case in which audio and video recordings were used as evidence.

The Constitutional Court noted that only information obtained lawfully may be admitted as evidence. The contested provision does not establish a procedure for obtaining audio and video recordings, nor does it relieve the court of its obligation to assess their relevance, admissibility and reliability.

Questions concerning the lawfulness of obtaining specific recordings, as well as compliance with the right to privacy, are subject to assessment by the criminal prosecution authorities and the court in the course of considering the relevant criminal case.