Regarding the meeting of the Ombudsman with relatives of people killed during the January events

on July 14, 2022, the Commissioner for Human Rights Ms Elvira Azimova met with relatives of people killed during the January events.

People arrived from Almaty, Shymkent, Almaty, Zhambyl, East Kazakhstan and Kyzylorda regions and spent three days in front of the House of Ministries with demands to the Government of the Republic of Kazakhstan to pay compensation in cash or in the form of providing an apartment or house in connection with the death of their close ones, as well as with a demand to drop charges against some of the victims.

As the citizens themselves reported during the meeting, lawyers in criminal cases related to the death of their relatives were hired with the assistance of the Qantar Foundation.

At the same time, neither lawyers nor official representatives of this Fund were with them, although as the citizens themselves admitted that professional legal assistance during meetings with the leadership of the Prosecutor General's Office, the Administration of the President of the Republic of Kazakhstan and akimats of the regions was necessary for them.
As it turned out, from the group of citizens who arrived in the capital only three had previously addressed the Commissioner for Human Rights. Following the meeting on July 14, they received appropriate consultations, their petitions for procedural violations related to the delay in the criminal investigation against their relatives were sent to the Prosecutor General.

According to the explanation received from the Prosecutor General's Office of the Republic of Kazakhstan after the meeting, criminal cases against deceased citizens whose relatives came to the capital are still under investigation, respectively, the circumstances of their death are being clarified.

During the meeting, citizens expressed a request to receive legal clarification on the issue of compensation to persons recognized as victims in criminal cases.

In this regard, we explain the following.

According to part 1 of article 167 of the Criminal Procedure Code https://adilet.zan.kz/rus/docs/K1400000226 a civil claim may be filed from the beginning of the pre-trial investigation until the end of the judicial investigation, when it is established that a criminal offense or a criminally punishable act directly caused property or moral harm to a person. In the case when the consequence of such a crime was the death of a person, a civil claim may be brought by close relatives, the spouse of the deceased, exercising the rights of the victim.

According to paragraph 3 of the Regulatory Resolution of the Supreme Court of the Republic of Kazakhstan "On consideration of a civil claim in criminal proceedings" dated June 20, 2005 Nо1 https://adilet.zan.kz/rus/docs/P05000001S if a civil claim has not been filed in a criminal case or has been left without consideration, then it can be filed in civil proceedings after the completion of criminal proceedings. A civil claim can be brought only if a person is recognized as a victim in a criminal case.

Thus, claims for compensation can be filed in the form of a civil claim at the stage of pre-trial or judicial review, or after the completion of a criminal case within the framework of a separate civil case, proceedings. However, recognition of the deceased as a victim as a result of the crime committed is required.

In addition to the possibility of filing a civil claim for compensation for damage (moral and property), the issue of compensation from the Compensation Fund for Victims may also be considered. The relevant law in Kazakhstan has been in force since July 1, 2020. https://adilet.zan.kz/rus/docs/Z1800000131/links.