Guidance

Arrested or detained in Kazakhstan

Updated 13 March 2024

Chapter 1: Key points

Overview

If you are a British national, and are arrested or detained in another country, consular staff will do what they can to help you. However, we cannot interfere with the local justice system, get you out of jail, or pay for services such as a lawyer. Information about who we can help, including the circumstances in which we can assist dual nationals, is available at: Support for British nationals abroad. You can also request a paper copy from consular staff.

This information pack aims to give you, and your family and friends, information about the local system in Kazakhstan and who can help. Consular staff can provide a printed copy to those in prison or in custody.

We welcome feedback to help us improve the information we can provide to others

Contacting us

If you are arrested or detained in another country:

• the authorities should ask whether you want them to contact the British Embassy Astana (and must do so if you want them to)
• if they do not ask, you can make the request yourself. You should do this if you are charged with a serious offence or need any kind of assistance
• friends or family can also contact the British Embassy Astana, or the Foreign, Commonwealth & Development Office (FCDO) in London on +44 (0)20 7008 5000

In some countries, the authorities might notify the British embassy, high commission or consulate even if you do not want anyone to know that you have been arrested. This is because there may be an agreement in place with the British government which requires a mandatory notification to be made.

Who we are

Consular staff work in the Foreign, Commonwealth & Development Office in the UK, and in British embassies, high commissions and consulates overseas.

British Embassy Astana
62 Kosmonavtov Street
6th floor
Astana 010000

Tel: +7 7172 556200 (including out of hours assistance)

Contact us online

You can also contact us by phone 24/7 for help or advice from anywhere in the world by calling the Foreign, Commonwealth & Development Office on +44 (0)20 7008 5000.

What we can do

The FCDO can offer you impartial and non-judgemental help. When we are notified of your arrest or detention, we will aim to contact you as soon as possible, so that we can assess how we can help you. We then aim to provide assistance according to your individual circumstances and local conditions. Our priority is to provide assistance to those British nationals overseas that need our help the most.

In Kazakhstan, authorities normally notify the consulate of detained UK nationals several days after arrest. Local police never call the Embassy directly, notifications go to the Migration Service and Ministry of Foreign Affairs. We may be informed quicker by your friends or relations.

Once we are notified, we aim to contact you as soon as possible.

We can also:

• provide a list of local English-speaking lawyers and interpreters. See also Legal assistance: lawyers and legal aid

• provide general information about the country, detention conditions, and the local legal system (including if legal aid is available)
• provide general information about the local prison or remand system, including visiting arrangements, mail and censorship, privileges, and welfare services
• keep in regular contact with you, either by visiting or by telephone/letter. The frequency of contact will depend on local conditions and your personal circumstances
• tell the police or prison doctor, with your permission, about any medical or dental problems including medication
• put you, or your family, in touch with a prisoners’ welfare charity called Prisoners Abroad
• in some circumstances we may be able to help take up complaints with the police or prison authorities about ill treatment, personal safety, or discrimination, if you are not treated in line with internationally recognised standards
• help to transfer money to you from your friends or family. In places where phone or postal services are not available we can also try to pass on messages and deliver letters to the prison (but generally we cannot arrange for delivery directly to you)
• in some circumstances we may be able to help you apply for a transfer to a prison in the UK

What we cannot do

• get you out of prison or detention
• help you get special treatment because you are British
• offer legal advice, start legal proceedings or investigate a crime
• pay for any costs because you have been arrested
• forward you packages sent by friends or family
• prevent authorities from deporting you after release

First steps

Informing family members

If you want us to, we can tell your family or friends that you have been detained and provide them with information about how to contact you. With your consent, we can also keep them updated on your wellbeing.

If you are not sure about informing your family, we can help you consider what the impact of not doing so might be. For example, it may cause them distress if they do not know where you are, or cannot contact you. It can also be a disadvantage to you if you need someone to send you money or act on your behalf while you are detained.

Informing the UK police

If you are accused of certain serious offences, such as sexual assault or drugs trafficking, we are obliged to share information about your arrest with UK police. Information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

There may be other circumstances when information about you may need to be shared with authorities in Kazakhstan.

Legal assistance: lawyers

We cannot give legal advice, start legal proceedings, or investigate a crime. However, we can provide information about the local legal system, including whether a legal aid scheme is available. We can also give you a list of local interpreters and a list of local English-speaking lawyers. You should consider the benefits of local legal representation and discuss all the costs beforehand with the legal representative. We cannot pay your legal or interpretation costs in any circumstance.

Consular assistance: fair treatment

We cannot get you out of prison or detention, or get you special treatment because you are British. If you are not treated in line with internationally accepted standards, we will consider whether to approach the local authorities. This may include if your trial does not follow internationally recognised standards or is unreasonably delayed compared to local cases.

Other organisations that can provide assistance

We can put you, or your family, in touch with Prisoners Abroad , a UK charity which supports British citizens detained overseas and their families.

Chapter 2: Detention conditions in Kazakhstan

Visits: friends and family

Who can visit and how to arrange visits

You should consult FCDO travel advice before you travel to Kazakhstan for the latest information on safety and security, entry requirements and travel warnings.

Visiting rules vary from prison to prison, and between sentenced prisoners and those on remand. After the court decides that you should remain under arrest, you will have a medical check and go to a holding cell for a ‘quarantine’, which may last for up to 15 days. You may be allowed a brief meeting with your family after arrest but the first proper visit can only be arranged after you are released from quarantine.

How long your visit lasts can vary. A short visit can last for up to 2 hours, and during a long visit, you’re allowed to stay with the prisoner in a designated housing facility on the territory of the prison for up to 2 days. Visits can be terminated by the request of either side at any time and will still be counted as one visit. No more than 2 people can visit at a time.

The number and duration of the authorised visits depend on whether you are in pre-trial detention or in prison.

Your appointed lawyer can visit you at any time, for as long as needed.

A longer visit can be arranged when a family member has travelled from abroad, this has to be authorised by the prison administration.

If you are in pre-trial detention, visits may not be allowed or can be restricted by investigating authorities. Only close family members are permitted to visit (parents, husband/wife, children and siblings). A family member will need to make a request for a visit to the investigating officer who will decide whether to give a permit. The investigator may decide to restrict certain persons to visit you if that interferes with the investigation. Only short visits are allowed when you are on remand and visits are limited to 2 per month.

A close family member(s) may consider making an application to be appointed as public defender which gives a right for visits without having to obtain authorisation every time.

In prison, your close family, relatives or other persons can apply for a short visit permit. Long visits are only allowed with close family members. How often you receive visits depends on the internal rules of the prison, its security regime type, the gravity of your crime and your behaviour in prison. For example, in a prison of medium security you would be allowed 6 short visits and 2 long visits per year.

To visit you in prison a visitor will need to apply to the prison director in advance. The application must be made in Kazakh or Russian. Your appointed lawyer can also organise a visit for the family. A visit permit paper will be issued and it will need to be presented to prison authorities before the visit.

What to expect when you visit

Visits are classified as ‘closed’ and ‘open’.

During a closed visit you and your visitor sit either side of a glass window and speak to each other on the phone.

During an open visits you and your visitor sit at opposite sides of a table in a room (the room normally used for visits with your lawyer). Guards will be nearby during the visit. Only lawyers are allowed to have private and confidential conversations with the prisoner, accompanied by interpreter if required. Depending on the prison, you may be able to have video calls on Skype or Zoom instead of physical visits.

Visitors will have to wait in a reception area before they are invited in. They must show their passport and visit permit when they arrive at the prison. These are held by the prison and the passport is returned at the end of the visit. Visitors will be searched by the guards of their gender, their ID will be checked as well as proof of relationship. Mobile phones, wallets, even hand watches will have to be left in the lockable boxes on the entrance. Normally visits are allowed between 9am and 5pm, but times may vary depending on the prison’s internal schedule.

What you can take on your visit

Generally, only books and magazines can be brought to prisoners. As for other items such as food or tobacco, these are allowed, however every prison has its own list of permitted and prohibited items. The list is usually displayed on the entrance or reception area. All bags and parcels will be searched before entry and authorities have the right to withhold items they deem to be unacceptable.

Religious books will be examined by the Religions Committee before they can be passed to the prisoner to ensure the contents do not violate the law.

Visits: consular staff

We can visit you every 6 months. We may be able to visit your earlier if we are concerned about your health or welfare, including mistreatment, subject to permission for visit from local authorities.

You will be called to the prison’s ‘lawyers’ rooms during a Consular visit to have the opportunity to discuss any health issues, security concerns, your treatment in prison and any other general issues that you wish to raise with our Consular staff. Guards are normally present during the visit and consular staff may be asked to provide a broad interpretation of what is being said.

At each Consular visit, our staff will complete a ‘Visit Report Form’. If there is any information that you would prefer not to disclose to a next of kin you should let us know during the visit.

You can write to us at any time on matters that concern you at the following address, but if it is urgent it may be quicker to ask prison authorities to contact us, or ask your lawyer to pass a message to Consular staff. It is also sometimes possible to arrange urgent phone or video call with the Embassy depending on the prison conditions.

Consular Section
British Embassy Astana
62, Kosmonavtov Street
Renco building, 6 floor
Astana, 010000, Kazakhstan

Emergency trips outside of prison

Depending on the security regime of the prison and your conviction, you may be able to make a short trip outside of prison not exceeding 7 days, excluding travel time, if an urgent situation arises (e.g. death or critical illness of a prisoner’s close family member). Decision on the application is to be made by prison director within 24 hours.

In case of a medical emergency when prison medical staff is unable to provide assistance or treatment, you will be taken to a hospital or clinic outside the prison. This, however, may take longer to arrange and you or your relatives will be required to cover the costs of the external clinic.

Police custody and initial arrival at prison

Arriving at the police station: your basic rights

When someone is arrested they are taken to a police station, held in custody in a cell and questioned. Police officers must inform you why you have been arrested and explain your rights. This is not often done verbally and may be given to you on a paper to sign that you have been informed. You should request the rights to be explained to you if this hasn’t been done with assistance of translator/interpreter if required.

You should not sign anything that you do not understand.

In accordance with the Criminal Procedure Code of Kazakhstan, you have the following rights:

• to make a telephone call to inform your family or lawyer of your arrest and place of arrest
• to appoint a lawyer
• to have a private meeting with your lawyer before being interviewed
• to have a lawyer with you before you make a statement

If these are not complied you should demand to speak to a lawyer, insist on calling the Embassy or ask police to call the Embassy, or you can make a written complaint addressed to a prosecutor or the highest ranked police officer.

You have the right to have the Embassy or Consulate notified of your arrest. When a British citizen is arrested or detained in Kazakhstan the Kazakh authorities must inform the British Embassy immediately (within 24 hours) via the Ministry of Foreign Affairs. However, in practice the notification is done in writing and may take up to a week to reach us. It is essential therefore that you ask for the Embassy to be informed as soon as possible after your arrest. We may be informed of your arrest quicker by your friends or relations.

For reasons of confidentiality we cannot tell anyone that you have been detained or what the charges are without your permission. Be aware that your friends or family may find out about your arrest through the internet or press. If you want to inform your family, we can make contact with them through our colleagues in the FCDO in London. We can give your family or next of kin advice on prison procedures, regulations, and how you are doing. We can also pass on any messages from you.

We aim to contact you as soon as possible after we learn of your arrest. Be aware that it can take a long time for a visit permit to be given.

We will make sure you understand the charges against you. We will check that you have legal representation by giving you a list of English-speaking lawyers, or ensuring a state lawyer has been appointed.

If appropriate, we will consider approaching the local authorities if you are not treated in line with internationally-accepted standards.

Police officers in Kazakhstan rarely speak English and all documentation will be in Kazakh or Russian. You can ask police officer to provide an interpreter or you may appoint one yourself.

Police officers should create a custody record and they cannot hold you for more than 3 hours unless you are suspected of having committed a criminal offence punishable by imprisonment. At the end of the interview you will be required to sign a custody record (‘protocol’) to confirm you understand and agree with the contents. You should refuse to sign if you do not understand the contents and ask to see a lawyer. A state appointed lawyer will be provided if you apply for legal aid, alternatively you can appoint a lawyer yourself.

If you are arrested at the airport you will initially spend some time in a police cell at the airport. Whilst you are there, the police will usually gather evidence and interview you in the presence of a translator. You will be taken from the airport to a remand facility at police station.

You will usually remain in a police cell for up to 2 days without a charge. The period of detention should not exceed 48 hours, or 72 hours if you are suspected of committing a serious offence. While remanded in custody you will be searched. You may also be required to have a medical check and be tested for alcohol and drugs. You will have access to food and water, a bed and you may request to see a doctor if you require medical assistance.

When on remand you will share a cell with several other people. You may have access to some of your belongings, but this depends on whether the police consider them to be evidence. If considered to be evidence you will not be allowed to keep your possessions. Other belongings will be returned to your family or stored in a storage of the detention centre. Be aware that it is not unusual for some things to go missing right after the arrest or during prison transfers.

The British Embassy cannot store your personal belongings on your behalf. The only property we can keep for you are your passport and driver’s licence. However, these are usually retained at the police or court during the investigation and trial, and later kept by the prison authorities in your file. You passport can also be kept as a condition for your bail/parole to prevent you from skipping bail.

Within 48 hours you will appear before a judge who will decide to either release you, release on bail or keep you under arrest for the duration of investigation. Initial arrest is normally sanctioned for 2 months, but can be extended further if there are substantive reasons to continue investigation.

On arrival to the pre-trial detention centre, you’ll be given a medical check by the health department, to assess if you need any treatment for ongoing medical conditions (for example, blood pressure, diabetes, HIV) and you will be temporarily placed in a holding cell for ‘quarantine’ which may last for up to 15 days. You are allowed parcels and your family or friends can send you cloths, bedding, stationary, ready to eat food. You can store food and other personal belongings with total weight not exceeding 35 kg.

You should be allowed to have religious books and practice religion in the cell. You have a right for a minimum 15 minutes shower once a week. If you have missed your shower for any reason, you should request to have it on the other day that is reserved by the detention centre for bathing. You are entitled of daily exercise for up to one hour, but the schedule and duration of walks are determined by the administration of the detention centre. The ‘walking yards’ are often located on the top floor of the building and are covered with a tent or a metal net.

During the investigation you may be required to attend the crime scene, participate in a crime re-enactment, and undergo various tests. If you are taken outside for interrogation or other investigating actions this must be arranged during day hours and no later than 9pm.

When police finalise their investigation you and your lawyer should be allowed access to all case details, translated in English if required. After that, investigator submits the case to the public prosecutor for approval of charging paper – this can take up to 10 days. The prosecutor may order a trial by approving the charges, return the file to investigator for further investigation or close the case if there is no substantial evidence for trial. The prosecutor must provide you with the charging paper, with English translation if required, and the case will be submitted to the Court.

Appearing at court

You have a right not to give statement in the court. If you do not have a lawyer and do not want to have an appointed lawyer, you may represent yourself before court or have your family member act as your public defender. The court-appointed lawyers are not required to speak English, and the court hearings will be conducted in Kazakh or Russian. An interpreter will be provided to assist you during the trial at state’s expense. If interpreter is not provided, you should raise a complaint via your lawyer and notify the Embassy.

The format of the hearing is defined by the judge or based on the request of the participants. In accordance with internal instructions of the Supreme Court of Kazakhstan, criminal, administrative as well as civil courts may operate online via platforms such as Zoom or True Conf.

By law, all criminal cases are conducted in public. However, this may be restricted when a case contradicts the interests of the government or other legally protected parties such as crimes against children or sexual offences. You may request for a closed hearing, and this will be considered on a case-by-case basis.

In an open hearing journalists may take photographs and videos in the courtroom. Case materials should not be made public, however Prosecutors office or Court press service have to reply to requests from press and therefore will provide some general information about the case.

You must attend the hearing, and if you refuse to participate the court hearing will be conducted without you.

Read more information about the Kazakhstan’s judicial system

Initial arrival at the prison

If you are sentenced to imprisonment you will be moved to a prison of a particular security regime depending on the conviction. First time prisoners are moved to a medium-security. There is normally a short gap before your move to the prison due to the paperwork and during this time you will be allowed to meet with your lawyer and family.

Once you arrive in prison, you will be searched, washed and routinely documented on arrival. After that you will be temporarily placed in a holding cell for a ‘quarantine’ which may last for up to 15 days. During this time prison doctor and psychologist will assess your medical and psychological condition.

If you rely on medication that you have brought with you (for example, insulin) you should notify the prison doctor.

Passport and other personal possessions, that you are not allowed to have in cell, will be stored in the prison’s storage and will be returned when you are released. You will be allowed to keep and use your own clothing if it corresponds to the prison rules and you will also be provided with uniform clothes and basic toiletries.

Prison: conditions and daily life

The penal system of Kazakhstan has 80 institutions which include:

• pre-trial detention facilities, and
• correctional institutions (prisons)

These prisons are organised by different ‘regimes’:

• general regime
• strict regime (maximum security)
• special regime
• colony settlements
• mixed
• women
• medical institutions
• educational colony (minors)
• complete security

Several prisons were closed in the last decade as the total number of prisoners in Kazakhstan decreased significantly, and is around 30,000 at the moment. Currently Kazakhstan is ranked 100th in the world prison population rating, with 157 prisoners per 100 000 residents.

Officially, only one institution in Kazakhstan is called a ‘prison’ – the institution which has a ‘complete security’ regime. All the rest are called ‘correctional institutions’ or ‘colonies’, with varied security regimes. We use the word ‘prison’ for all of the institutions and regimes for the purposes of this information pack.

Each prison has a number and is unofficially referred to by the name of the nearest town or village.

Conditions in prisons vary depending on the security regime, and geographical and climate conditions. The prisons are spread on the whole territory of Kazakhstan, with the most concentration in East Kazakhstan and Karaganda region. Many prisons are in soviet style buildings, some require renovation.

Violence and ranking system between prisoners is not rare. There have also been reports of violence from the guards and extortion of bribes. Foreign prisoners are often thought to have money which can be used by others in their interests.

Accommodation

Sentenced prisoners and those on remand are held separately. Women and men are held separately, as well as minors and those who had criminal sentences before. Women’s prisons often have on a house for children, where children born in prison can live with their mothers until 3 years old.

Overcrowding is a common problem – do not expect a single cell. The number of inmates to a cell depends on the size of the cell and prison population. As a standard no less than 2 and half square metres should be allocated to a male prisoner, 3 square metres to females, and 3 and half square metres to minors.

Prisons may have cells for up to 10 inmates or barracks, similar to military camps, with 50 to 100 inmates in each group. Cells have a toilet and washbasin with running water to wash daily. Barracks have a large bedroom with bunk beds, a kitchen where food supplies can be stored, and a toilet and washing facilities. Mattresses, blankets and bedding will be provided by the prison.

Each prison has its own internal regime which normally allows at least 8 hours of uninterrupted sleep. Prisoners wake up at 6am, have breakfast, then they can work or study until 6pm. After dinner there is free time until bed time at 10pm. Any activity between 10pm and 6am is considered a violation of prison regime. On weekends and under the internal rules of prison prisoners may be allowed to wake up one hour later.

Most of the cells have a window (with bars), and natural light. As per the standards the temperature must be appropriate for the season, it should be not lower than 18 degrees in winter and should be maintained with fresh air ventilation.

Every morning and evening prisoners are checked against their personal card that contains a photo and personal details. Prisoners must greet the guards by saying their full name, article of the Criminal Code they are charged with and whether or not they have any complaints or health issues.

Other services that are available to prisoners on paid basis: shoe and cloths repair and tailor’s services, cloths cleaning, photo and video recording, hairdressers, photocopy services, notarial and translation services, additional paid medical services. To use these services you will need to submit a request in writing to the Prison director.

Food and diet

Depending on the security regime meals will be brought to your cell or you will be escorted in groups to a shared dining room.

Prisoners are entitled to 3 hot meals a day. Prison food is free but very basic. You will need funds to pay for extra products such as tea, coffee, sugar, fruits, and sweets, which can be bought from the prison shop or sent to you by family or friends.

Portions are supposed to be calculated on a calorie based system, including vitamins and proteins, but you may find portions small and very basic. Example of meals include:

meal	type of food
breakfast	porridge, egg, bread and butter
lunch	soup on chicken broth, basic meat or fish with potato or pasta as sides
dinner	main course (pasta or fish) and basic salad
additional food or drink	apples and sweets are sometimes provided, tea or kompot (dried fruit drink), bread to share

Drinking water is available.

A special diet is available if you have health reasons. Prisoners diagnosed with tuberculosis are detained in specialised prisons and their living conditions, including diet, are different.

Hygiene

Toilets and showers are mostly shared. Hot water is supplied. You will be allowed to wash in a bath/shower once a week for about 15 to 30 minutes and to change your bed linen. If you have missed your shower shift for any reason, you can ask to be taken for shower on another day, but you may have to wait a week for another chance to shower. Basic toiletries (toothpaste, a bar of soap and laundry soap, a roll of toilet paper and a pack of hygienic pads for women) are provided on first arrival, later you can purchase toiletries from prison shop or your family may send those to you.

Razors are kept by the prison, you will need to request to use one.

Laundry facilities are available but rudimentary. Prisoners are responsible for the cleaning of their cell.

You should be provided with a set of clothes, underwear and footwear appropriate for the season.

Work and study

There are employment opportunities available within the prison. But it is difficult for the prison to supply work for all prisoners because there are not enough jobs to go around. You will need to apply for a vacancy and wait for your name to be called.

Jobs that are normally available are cleaning, or in the prison kitchen or library. Some prisons have an industrial block and prisoners can be hired for work in furniture production, construction, welding, sewing factory, meet-processing factory etc. Working hours depend on type of work, but are normally within the standard 8 hours a day and always within the internal prison regime. Prisoners may be involved in unpaid social works to clean the rooms and prison areas.

If you work you will earn a salary, which is much lower than the same job outside of prison and can be around 70 pounds a month. After taxes deduction it will be transferred to your personal account within the prison. You can use this money to pay in prison shop, send to your family or pay the court debts.

You can volunteer to participate in social events or run an English speaking club, this will be positively reflected on your prison record and you may get better conditions.

Study opportunities are also available, however they are often not suitable for foreigners because of the language issue. Several prisons have piloted a distance learning scheme at local education institutions, but you need to speak the local language to study for qualifications in prison. Some prisons have their own colleges, teaching welding, carpentry, sewing, and construction.

Contact and languages

Contacts with other prisoners are allowed within the cell or a group if they are living in barracks. Other contacts are restricted. Prisoners are normally put together in cells according to the gravity of their crimes and general psychological profile. If an English-speaking inmate matches your profile, it is likely that they would be put in the same cell to help you communicate with the guards and management. Prison staff rarely speak English.

You can have access to prison phone booths to make calls to your family and friends. You will need to apply in writing to make a call and wait for your turn.

Mobile phones are not allowed. If you are found with a mobile phone this will be considered as violation of prison rules and a disciplinary action will be taken.

You can have access to writing materials, this is not provided by prison though. There is no internet access, but books in local languages are available at prison library. It is unlikely that a prison would have any books in English. You can order books and magazines from outside by using funds on your account or books can be received in parcels from the family. There is normally a television in a shared room, where prisoners are allowed to spend some time to watch the news, or sometimes TV is available in cells. Prison inhabitants can participate in cultural and social events, and taking part in these activities is seen positively by prison authorities and reflected accordingly on the prisoner’s record.

You can request local language materials through the post from Prisoners Abroad (including language textbooks and dictionaries).

Exercise

You can have daily walks for up to one hour, but on practice this is often limited to 15 to 20 minutes. Depending on the security regime of the prison, inmates can be allowed to go outdoors or are taken to a small inner yard, often located on the roof of the prison. Some prisons may have basic exercise facilities, others won’t have any. Group morning exercises may be organised.

Climate

The climate is very different to that of the UK. Summer can be hot and dry up to 35 degrees. Winters are extremely cold with temperatures down to -35 degrees with snow in all regions of Kazakhstan apart from the south, where temperatures in winter do not normally fall below minus 15 degrees. Dry wind is very common and the air is a little more humid in western and southern regions.

Kazakhstan mainly uses central heating to warm up the buildings, so it is warm indoors even when it is below zero degrees outside. In summer it may be hot in cells as there is no air conditioning.

The clothing provided is very basic but should be appropriate for the weather conditions. You will be provided with coat, hat and boots for winter. Certain items may vary depending on which region you are in. Clothes will be replaced by new ones after their expiry date.

Standard set of clothing provided to all inmates includes a uniform with a light reflective stripe, a cap or a headscarf for women, t-shirts, underwear, trousers, shoes. Colour depends on the prison security regime from grey to black.

Family can send you clothes too, however it is better to check in advance what is allowed in that particular prison and in which colours.

Religion

You have a right to practice any religion. You are allowed to perform religious rites, as well as to use religious attributes and literature in the prison or detention centre. Individual performance of religious rites is allowed in your cell near your bed. The performance of the religious rites is voluntary and should not conflict with the internal rules of the detention facility, nor infringe the rights of other prisoners.

Religious books must be approved as not containing illegal or extremist materials. It is allowed for clergy/religious men to visit the detention facility to perform religious rites. Some detention facilities are staffed by religious ministers (mainly imams).

Rules and regulations (including drugs)

Prison rules and regulations must be explained to prisoners during the ‘quarantine’ period shortly after arrival in prison. This is not always done in English. If you do not understand the internal rules, it is important that you request English translation to be fully aware of what is authorised and prohibited as well as the daily routine and schedule. The internal rules and schedule should also be visible in cells and other places.

You will be seen by the prison doctor and psychologist when you arrive. If you have a drug addiction you’ll be monitored by the psychologist to help your recovery.

If you are caught with any kind of illegal drugs (for example, marijuana or cocaine) you will be punished. As a result you may lose your job or development opportunity and might be sent to a solitary confinement. For serious offences such as distribution of drugs you will be prosecuted accordingly.

Cigarettes are allowed only in specified areas inside the prisons. Cigarettes are often used as unofficial internal currency.

The tuberculosis rate in prisons is 40 times higher than the population outside of prison. There are no statistics available on other infectious diseases such as HIV or hepatitis.

When greeting prison staff prisoner must stand up. Insulting or abusing staff is considered as serious offence and can be punished by solitary confinement. Prisoners, except for women, are required to have short hair. A moustache is allowed, but not a beard.

You can earn privileges for good behaviour by following the internal prison rules, participation in social events, work or studies. Should you later apply for an early release this will be taken into consideration.

Prison: access to help and services

Receiving money

There are 2 ways you may be able to receive financial assistance while in prison:

• private funds: deposited to you by your family or friends
• Prisoners Abroad : depending on where you are detained, if your family cannot support you financially, Prisoners Abroad may be able to send you a small grant every quarter for essentials (enough for one hot meal a day)

The UK government does not provide financial assistance to prisoners.

Private funds

While the FCDO does not provide financial assistance to prisoners, we may be able, within certain limits, to send you money from your family or friends. Please note that you cannot have cash sent to you in the post.

The FCDO operates a ‘Prison Comfort’ system for money transfers to prisoners. Ask your family or friends to get in touch with the FCDO to arrange this.

We cannot receive payment by credit or debit card, or by cash.

You can receive money directly from family members into a prison bank account in your name. Your family should not send cash in parcels. You or your family can request prison’s bank details and instructions on what information should be provided with the deposit for it to be correctly identified and allocated to your personal account.

In Kazakh prisons you pay for everything other than the absolute basics.

We strongly advise prisoners not to make it evident if they have access to regular funds. You should advise your family not to send or deliver expensive gifts or large parcels. Foreign prisoners are always seen to be rich, and as a result they are sometimes targeted by other inmates as a good source of funds. You could become a victim of theft and extortion, or targeted by drug abusers.

Any bank commissions for money transfers will be charged from your funds. In prisons of minimal security regime you can receive money transfers without any limits. In prisons of higher security regime you are allowed to receive money transfers no more than twice a month and total amount should not exceed 20 MCI (monthly calculation index – in 2024 the MCI is equal to 3692 KZT) which is around 100 to 120 pounds.

If you earn money while in prison, you can make money transfer to your family submitting an application in writing in any format. You will be issued a slip to sign once the transfer is made and this is to be attached to your personal file.

Prisoners Abroad

Prisoners Abroad may be able to assist you with funding for prison essentials and some medical care if you are not receiving regular funding from other sources. You are eligible for Prisoners Abroad Craig Feehan Fund, the Vitamin Fund and the Medical Fund.

Medical and dental treatment

While you are detained, Kazakhstan is responsible for ensuring your basic medical needs are met.

In the larger prisons, there is a health service under the authority of a medical practitioner. This service has an infirmary where basic medical treatment can be given, a dental treatment unit, a dentist and adequate staff. Medical examinations, vaccinations and urgent dental care of the prisoners as well as assessment of newly arrived prisoners in the detention facility are carried out by this service.

If you need medical or dental treatment you should ask for an appointment to see the prison doctor or dentist. You should write a request letter which is collected by prison guards and passed to the medical division of the prison. Depending on the number of patients and the urgency of the situation, prisoners may be assisted the same day or within 2 to 3 days. Basic medical attention is free of charge. It is unlikely that you will be treated by an English-speaking doctor.

In some large prisons it can be difficult to get an early appointment but if the situation is urgent you should contact the prison social worker, who may be able to get you an appointment more quickly than through the normal channels.

You have a right to approach external medical facilities to get medical consultation and treatment. Either you or your relatives will have to cover the expenses. External specialist may be invited to see you supervised by the prison medical staff or in rare cases you can be escorted to a clinic outside the prison.

All prisons are staffed with a psychologist. It is very unlikely that they would speak English, but counselling sessions can be arranged with assistance of a translator. It may be possible to arrange an external English-speaking mental health counsellor to visit you in prison at your expenses, but permission will need to be obtained.

If you need glasses, you may ask the prison medical staff to help with the assessment and then you can have them sent to you by your family.

If you have a long-standing medical problem and have received treatment for it in the UK, it may be useful to have your medical records, or at least a report, sent from your doctor in the UK. Your UK doctor can send the report, via the Embassy, addressed to you.

With your permission, we can make sure that any medical or dental problems you might have are brought to the attention of any police or prison doctor. We can also contact your GP in the UK, if the police or prison doctor requests previous medical records.

Letters and parcels

Friends and family can bring or post mail and parcels directly to the prison. There is no limit of correspondence that you can send or receive. You can use the funds on your personal account to pay for the stamps.

The prison authorities are obliged to deliver letters with the minimum delay and within 3 days, but in some prisons it is known to take a longer time to receive the mail or parcel. Please be aware that all letters are opened and checked by prison staff before they are given to prisoners or sent to the recipient. If you are told you are not allowed to receive letters in English, you should notify a Consular officer and we will contact the prison director.

All letters sent by family to the Embassy are opened before they are given to prisoners to check for prohibited items. Consular officers will not read the contents.

You can receive parcels from your family. The amount of parcels you can receive each year depends on the type of detention facility that you are at. For example, in regular security prison you can receive 6 parcels (food, clothes etc.) and 6 book parcels a year. In maximum security prison, you will be allowed 4 general parcels and 4 book parcels a year. When on remand – number of parcels is not limited. The maximum size of a parcel brought to the prison is 20 kg and 14 kg if it is sent by post due to local post limits. Parcels must have the full name and contact details of the sender, and full name and individual number of the prisoner, otherwise it will be refused. If the parcel contains any prohibited items, those will be confiscated. The sender may enclose a list of items to ensure the parcel is delivered in full. You will be required to sign a receipt form.

Please be aware that parcels should be sent directly to the prison; parcels sent to the Embassy will not be forwarded to you.

You are allowed to receive literature and stationery by post, as well as to subscribe to newspapers and magazines at the expense of your personal account. The literature obtained and received by post are not included into the number of parcels that you are allowed to receive. You can keep up to 10 books and magazines in your cell (and up to 5 in pre-trial detention facilities).

It is forbidden for you to obtain, or to keep publications propagandising war, violence and brutality, or rousing national and religious hatred, as well as publications of pornographic character, or to subscribe and disseminate them.

Medication may be allowed if prescribed and would be forwarded to the medical centre within the prison for you to use.

Items that are not allowed will be retained by the prison. Items that are normally allowed:

• ready to eat food. Products that require cooking before they can be used, perishable goods, yeast, alcohol and beer are not allowed
• tabacco but no more than 2 kilos or 20 packs of cigarettes, matches
• a set of clothes without belts and neck ties, a hat, seasonal shoes
• a set of sport clothes or a dressing gown for women
• underwear
• socks
• tights for women
• gloves
• handkerchief
• a pair of slippers
• toiletries such as soap, liquid soap, shampoo, tooth paste, tooth brash, plastic container for a soap and tooth brash, a comb, body creams, bath pouf
• a pocket mirror if there is no mirror in the cell
• an electric or single use razor – you will not be allowed to keep it in your cell
• glasses and plastic box for glasses
• hygienic and cosmetic products for women
• wooden stick, a pair of crutches, wheel-chair
• electrical kettle
• pen and pencil
• paper for letters, notebook, envelopes, cards
• toilet paper purchased in prison shop
• a set of white bedding (2 sheets and a pillow cover), towel
• books
• photographs, no more than 2
• table games (chess, dominos)
• medicines prescribed by the prison doctor

Please check the internal rules of your prison.

The following products will be searched for unauthorised items in them:

• bread will be cut in 2 or 3 pieces
• liquids will be transferred to prison containers
• cans will be opened and put in other containers
• whole fish and sausages will be cut in several pieces
• loose products will be put in another container
• sweets are accepted without wraps

Most of the prison shops work on weekdays only and are closed on weekends and public holidays. All sales are non-cash. Some prisons have installed internet shop stations where you can pick authorised items and pay by using funds on your personal account.

Telephone calls

As a norm you will be restricted telephone calls while on remand, however you may be allowed calls or video calls as a replacement for visits when physical visits are not possible, which for example was the case during the COVID-19 pandemic and lockdown requirements in Kazakhstan.

When in prison the number of authorised telephone calls depend on the security regime of the prison, its internal rules and regulations, your behaviour and the gravity of your crime. Maximum duration of a call is 15 minutes. All calls are monitored by the prison staff, except for the ones with your lawyer. You will need to purchase telephone card for a payphone and when applying for a call you have to register the phone number, address and duration of the call.

Depending on the payphone installed in the prison, calls may be restricted to domestic only.

Mobile phones are not allowed. If you are found with a mobile phone this will be considered as violation of prison rules and a disciplinary action will be taken.

Telephone calls a normally allowed between 9am and 9pm, outside of these times calls can be made in a real emergency and when approved by the prison administration.

Making a complaint about mistreatment

If you have been mistreated, you should inform consular staff as soon as it is safe for you to do so. We will then do our best to visit you, to check on your welfare, discuss the allegations, and explain any local complaints procedures and supportive organisations that you may wish to consider. With your permission, and where appropriate, we will consider approaching the local authorities if you have not been treated in line with internationally-accepted standards. If you have been mistreated, try to see a doctor, obtain a medical report and if possible take photos of your injuries.

By law, citizens have the right to a safe life. This also applies to prisoners and you have a right to personal safety. If your life or health is threatened, or an attempt made on your life, or in the event of a crime against you, you can ask or write to prison guards to secure your safety and move you to a safe place if required. You can ask the guards to speak to the prison director or their deputy.

Some prisons have now installed a ‘terminal’ which is a station where prisoners can register a complaint electronically and directly to the prosecutor.

Incidences of harassment, threats or violence are rare, but if you do experience such treatment, you should report this to your Consular representative as soon as possible. It is our responsibility to take up allegations of mistreatment against a British national. We will only raise concerns with the prison administration if you request that we do so.

Chapter 3: The Kazakhstan’s judicial system

Overview

The judicial system in Kazakhstan is not the same as the UK, but you may find similarities. For example, prisoners are presumed innocent until proven guilty; they have a right to legal representation, interpreter, fair trial and appeal. However, there are fundamental differences. For example, unlike the UK which is a common law country, Kazakhstan has a civil law system (Romano-Germanic) and legal precedents are not the primary source of law. The legal system has a unified hierarchy of written legal acts (Constitution, laws, other legislative acts and international treaties ratified by Kazakhstan).

Kazakhstan’s judicial system consists of local courts (district), city and oblast courts, and the Supreme Court of the Republic of Kazakhstan. The local courts can be specialised on particular cases such as criminal, administrative, military, economic, juvenile courts etc.

Trial by jury exists in Kazakhstan, but the range of cases examined by jurors is limited. The majority of cases are examined at first instance by lower-level district city court.

Depending on the complexity of the case, it can take 3 to 6 months until the case reaches the trial stage. The trial itself can be a lengthy process too. Prisoners can remain in prison without sentence for well over a year.

If you refuse to participate in a court hearing, it will be conducted in your absence. Participation is mandatory when you are accused of particularly serious crime.

You are not required to prove your innocence and you are not expected to enter a plea.

Under the Criminal Code crimes are classified depending on the level of seriousness and social danger as:

1. minor crimes: are deliberate offences, for which the Criminal Code provides imprisonment not exceeding 2 years, as well as offences that have been committed through negligence and carry a maximum sentence of 5 years’ imprisonment
2. crimes of medium gravity: are deliberate offences for which imprisonment not exceeding 5 years is imposed, and negligent offences for which more than 5 years of imprisonment is given
3. serious crimes: are deliberate offences for which the Criminal Code gives imprisonment not exceeding 12 years
4. particularly grave crimes: are deliberate offences for which more than 12 years of imprisonment is imposed, life sentence or death penalty

Pregnancy, childcare responsibilities, voluntary and full compensation for the damage, sincere remorse, acknowledgement of guilt, or active contribution to the investigation may be considered as mitigating circumstances by the court. While repetitiveness of crime, participation in a group, crimes against children, pregnant women and persons with disabilities, crimes with particular cruelty, or in a state of alcoholic and drug intoxication may be recognised by the court as aggravating circumstances.

Your rights are guaranteed throughout the legal process under the Constitution, Administrative/Criminal Code, Administrative/Criminal Procedure Code and other legislative acts and international treaties ratified by Kazakhstan.

Local lawyers can charge large sums of money, make grand promises and deliver very little. Judicial processes are not always correctly followed. Remember, you should never sign anything you cannot read or understand. If you find yourself under pressure to sign, ask to speak to the British Embassy.

The FCDO cannot interfere with the judicial system. We cannot ask for your case to be judged more quickly just because you are British, or ask the authorities to waive any penalties.

First steps

What should happen after you are arrested

An arresting officer should tell you verbally that you are detained, and why, and your rights to call a lawyer, remain silent and that anything you say may be used against you in court.

Your first interview is conducted within 24 hours from the time a custody record is created. You are allowed a confidential meeting with your lawyer (hired or appointed by state) before the first interview. You also have the right to immediately notify your family or employer by phone about your arrest.

If you do not speak Kazakh and/or Russian, or you are not able to understand the explanation of your rights due to alcohol, drugs, or a mental health condition, your rights can be explained in the presence of an interpreter and/or lawyer before your interrogation. This must be specified in the record of interview.

If you wish the British Embassy to be informed of your arrest, you should inform the authorities at this point.

To notify your relatives, police will write a notification letter and send it to the Ministry of Foreign Affairs of the Republic of Kazakhstan. The Ministry of Foreign Affairs notify the Embassy immediately, or within 24 hours if immediate notification is not possible at the time of detention.

You have the right to testify in your native language or in a language you speak, and to use an interpreter if necessary. The state will organise an interpreter, and will pay for any costs.

If you have any questions on the legal aspects of your arrest, contact your lawyer. Find a list of local English-speaking lawyers.

How long you can be remanded in custody

During the initial arrest procedure, a police officer should create a custody record and they cannot hold you for more than 3 hours, unless you are suspected of having committed a criminal offense punishable with prison. In this case, you may be detained in a temporary detention facility of the police department for a period not exceeding 48 hours without a charge, or 72 hours if you are suspected of committing a particularly grave crime. The investigator may apply one of the preventive measures in the form of bail, home arrest, detention on remand etc. and this has to be sanctioned by a judge. A person may be remanded in custody if there are grounds to believe that they would escape investigation or court, or hinder examination of a case before court, or would continue acts of crime, and also for execution of a sentence of a court.

You can be detained for 2 months during pre-trial proceedings. If necessary, by law, the court can extend this duration to a maximum of 12 months. Detainees remain in a pre-trial detention facility throughout the investigation and trial process. If you are found guilty and sentenced, you’ll be transferred to a prison after the sentence comes into legal force.

Prisoners on remand and sentenced prisoners: differences

Your rights when sentenced and on remand are the same, but depending on the conviction and security regime of a prison, prisoners on remand may have more relaxed conditions than sentenced prisoners.

Prisoners on remand are normally kept separately from the sentenced prisoners.

Prisoners on remand have generally more relaxed conditions in terms of visits and parcels.

However, sentenced prisoners have easier access to phone calls, and the doors to their cells are open during the day which means they can freely circulate, while prisoners on remand have a scheduled and limited time for walks outside of their cell.

After you are charged

You will be charged if there is sufficient evidence to do so, and the investigation may be a lengthy process. If you are charged with a crime you will be given a ‘charging paper’ or ‘indictment’, with English translation if required. This sets out the details of the crime you are being charged with.

You are not expected to enter a plea when you are formally charged.

Bail

By law, bail comes under ‘preventive measures’. Bail may be in the form of money (or other valuables and real property) to be deposited with the court as security to ensure you comply with any conditions. Bail can only be authorised by the investigative judge or by court order, indicating the conditions of bail. These include appearing before the investigating authority, the prosecutor or the court when summoned. If you fail to adhere to their bail conditions, the preventive measure may be changed to arrest or home arrest, and deposited funds will be transferred to public revenue.

You do not have the right to bail if you are suspected of committing intentional crimes that resulted in death of the victim, or if detainee is accused of other particularly grave crimes such as extremism, terrorism, or crimes committed in emergency situation.

The sum for bail is determined by taking into account the gravity of the accusation, the accused person’s identity and property status:

• 30 to 120 times the monthly calculation index (MCI) for minor crimes (170-700 pounds)
• 120 to 200 times the MCI for negligent crimes of medium gravity (700-1200 pounds)
• 200 to 350 times the MCI for pre-meditated crimes of medium gravity (1200-2100 pounds)
• no less than 350 times the MCI for serious crimes (2100 pounds)
• no less than 500 times the MCI for particularly grave crimes (2900 pounds)

Bail must be deposited within 5 days for you to be released. We can assist you with contacting friends and family who may be willing to help.

Bail is rarely granted to foreigners based on the likelihood of them leaving the country. Foreigners holding a valid residence permit or those who are married to Kazakh nationals can be granted bail depending on the charge.

The FCDO cannot transfer bail funds.

Trial and legal assistance

Legal assistance: lawyers and legal aid

If you wish to hire a private lawyer, see our list of English-speaking lawyers . Prisoners Abroad can also supply general (non-country specific) information on legal aid, court proceedings and can advise on appointing a lawyer.

You can hire a lawyer for yourself at any time after your arrest. Normally, if you hire a private lawyer they will ask for a cash advance for their estimated legal fees before they will take your case on. The British Embassy cannot pay legal fees or guarantee to a lawyer that you will pay them. Consular staff cannot give legal advice.

Legal aid is available if you do not have funds to hire a lawyer yourself. State appointed lawyers rarely speak English. Costs for state appointed lawyers, translators and interpreters are paid by the state.

As in any country, some lawyers are better than others and paying a large fee does not guarantee that you will get a good lawyer. If you decide to pay for a lawyer, it may be possible to agree a flat fee for the whole case before they begin work so that you do not find yourself facing ‘extra expenses’.

While the costs for a state appointed lawyer and translator have to be paid by the state, you may still be obliged to pay for the trial costs. Trial procedural costs accumulate from sums paid to witnesses, victims and their representatives, experts and others. These sums cover cost such as:

• any loss in wage due to participating in investigation or trial
• money spent for transportation of evidence materials
• various expertise
• search operations

The court decides whether trial costs are to be paid for by the defendant or the state and in what amount. If the case is terminated or the defendant is acquitted by the court, the costs are normally paid by the state or in some cases the court can make the claimant partially responsible for the costs. Depending on the financial situation and family circumstances the court may exempt the defendant from paying the costs.

Trial

The trial process usually goes through the following stages:

• preliminary hearing
• opening of the main trial
• verification of the attendance of parties
• informing the parties about their rights and obligations
• prosecutor’s opening speech
• examination of evidence
• interrogation of the defendant
• interrogation of the victim
• interrogation of the witnesses
• interrogation of the experts
• end of examination of evidence
• pleadings
• the last word of the defendant
• sentencing

Depending on the complexity of the case, a trial may last for half an hour in administrative cases or there may be a number of hearings over several months in complex criminal cases. Throughout this process you will be kept in pre-trial detention facility. The sentence may be postponed in case of a serious illness, pregnancy or other substantive reasons.

The trial will be heard in Kazakh or Russian. The court appoints and pays for an interpreter. Consular staff cannot act as interpreters. Consular officers usually do not attend the hearings.

In the beginning of the main trial the judge should explain your rights, including the right to conclude a procedural agreement in the form of a plea bargain.

During the judicial examination the judge shall ask you if you understand the charges. You should be explained that you are not obliged to plead guilty or not guilty, but if you refuse to enter a plea it will be interpreted as giving a plea of not guilty.

The court should also explain the trial procedure and timing for appeal against the sentence if you choose to. If you are acquitted the judge must explain your right to apply for compensation for illegal detention.

No later than 5 days (or up to 15 days in some cases) after announcement of a sentence, you, your defence lawyer, and prosecuting officer will receive a copy of the sentencing (whether you are convicted or acquitted). A copy of the sentence must also be given to the person affected (victim), civil claimant, civil defendant and their lawyers.

Sentences

Sentences can be accusatory or absolutory. The sentence is pronounced on the final court hearing by the judge in the language of the trial (Russian or Kazakh) but should be simultaneously translated to the language that defendant speaks. The sentence consists of introduction, descriptive-motivation and operative parts. The courts determine sentences on behalf of the Republic of Kazakhstan.

Persons who were found guilty may be subject to the following types of punishment:

• a fine
• arrest (10-15 days)
• engagement in public works
• correctional labour
• restriction of freedom (probation control from 6 months to 7 years, with 100 hours of compulsory work a year)
• deprivation of freedom (imprisonment)
• life sentence (for particularly grave crimes and as an alternative to death penalty)
• death penalty

The death penalty is an exceptional measure of punishment for terrorist crimes resulting in fatalities, and particularly grave crimes committed in wartime. The death penalty was completely suspended on 17 December 2003 under the moratorium. On 2 January 2021 the President signed the law on ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights abolishing the death penalty in Kazakhstan.

In addition to the above listed types of punishment the following measures can be applied:

• disqualification (deprivation of the right to hold a certain office, or to engage in certain activity)
• deportation (removal)
• confiscation of property
• compensation to victim

The sentence ordering imprisonment should have an explanation of when the count starts, normally it’s the day of initial arrest. Time spent under arrest until the sentence comes into legal force counts as 1 day for 1 day in prison of maximum security, 1 and half days in prison of regular security, and 2 days in prison of minimal security.

In most cases upon release from prison British nationals will be automatically deported to the UK as country of citizenship even if this was not their place of residence prior to imprisonment.

The sentence comes into legal force after 15 days of its announcement, and if not appealed.

Appeals

The legislation has the following stages for appeal: appeal before verdict comes into legal force and cassation after the verdict comes into legal force in the Supreme Court as the superior instance.

Grounds for appeal can be: excessive severity in sentence; an error in fact-finding, new evidence, compliance with the procedural rules, fairness, legitimacy and reasonableness in sentencing. Please seek legal advice from your lawyer.

The appeal court may remain the sentence, terminate the case, change the sentence or some parts of it. If the sentence remains the same it should come into force, if defendant is acquitted he/she should be released immediately.

Court sentences, which have not entered into legal force, except for the sentences issued by the Supreme Court of the Republic of Kazakhstan, can be appealed against and protested by the parties through an appeal procedure. Appeals and protests are lodged through the court which issued the sentence. Appeals and protests against a sentence of the court of first instance may be lodged through an appeal procedure within 15 days of the announcement of the sentence. If you are in custody you may do this within 15 days after being served a copy of the sentence. It is common practice to appeal to make sure that the sentence is reviewed by a higher court. The prosecution have the right to appeal a judgement as well.

Appeal court must review the case within 1 month of receipt of appeal petition, and within 2 months if court requires more time to review new evidence. Your attendance is required if new evidence is provided or when the appeal case is entailing deterioration of your situation.

The appeal process can be very slow (sometimes more than a full year) and can lead to delays in finalising the sentence. You have a right to withdraw the appeal if you wish.

Revision of enforced decision by cassation on motives of innocence of the convict, or in relation to improving his/her situation, is not limited in time. However, if submission is based on application of more serious criminal charge or otherwise entailing deterioration of the convict’s situation, cassation procedure shall only be allowed within 1 year upon court decision’s entry into legal force.

Reaching the end of your sentence

Reduction of sentence (remission)

The court may consider a petition from prisoner or prison administration on reduction of sentence, its termination or replacement with a milder punishment, due to prisoner’s severe health condition (physical or mental) which does not allow him/her to serve the sentence in penitentiary institutions. A compulsory medical treatment may be imposed as an alternative.

In some cases pregnant women, single mothers or fathers caring for minor children, elderly men and women, who have committed a crime for the first time and when it doesn’t involve harm to health or life of another person, can come into terms with the victim and be released from serving a sentence.

The court can also postpone the sentence for up to a year for pregnant women; up to 5 years (but not more than until children turn 14) for single mother or father caring for minor children. This does not apply to those convicted for grave crimes, terrorism etc.

A prisoner can be released as per the act of amnesty by Parliament or President’s pardon for a particular individual.

Please seek legal advice from your lawyer.

Early release

The prison administration must notify you in writing and within 5 days when you become eligible to apply to the court for release on parole or replacement of your remaining sentence with a milder punishment. If you choose to apply, the prison administration must inform the prosecutor and submit your application to the court within 10 days. If your application for release on parole is refused by court, a new application can be made no earlier than 6 months after the refusal notice, but this does not limit you to apply for replacement of your remaining sentence with a milder punishment, and vice versa.

When considering your application the court must recognise that you have served the part of the sentence as per the law and that for your ‘correction’ you do not need to serve the rest of the sentence.

For your benefit under this provision it is important that your conduct whilst in prison is good that includes compliance with internal regulations of the prison, participation in public events, maintaining contacts with relatives and other convicts, positive attitude to studies, transfer to facilitated conditions of detention etc.

The proportion of the sentence to be eligible for early release differs based on the severity of punishment, but the minimal term served cannot be less than 6 months:

• not less than one-third of the sentence for minor and medium gravity crimes
• not less than half of the sentence for a serious crime
• not less than 2 thirds of the sentence for a particularly grave crime

An early release can be applied to pregnant women, single mothers or fathers caring for minor children, elderly men and women, persons with disabilities of the first or second category, after they have served:

• not less than one-fourth of the sentence for minor and medium gravity crimes
• not less than one-third of the sentence for a serious crime
• not less than half of the sentence for a particularly grave crime not associated with encroachment on human life
• not less than 2 thirds of the sentence for particularly grave crime encroaching on human life

After early release the court normally imposes a probation monitoring for the duration of unserved part of the sentence. If the sentence contains deportation as additional punishment, probation is not imposed.

Persons not eligible to early release on parole are listed below:

• convicted to death penalty which is replaced to imprisonment
• convicted for terrorist or extremist crime involving casualties
• convicted for serious and particularly grave corruption crimes
• convicted for crimes against sexual inviolability of minors

Replacement of the remaining sentence with a milder punishment is possible after you have served not less than one-fourth of the sentence for minor and medium gravity crimes, and one-third for serious crimes, with some exceptions. Four days in prison equal 1 monthly calculation index (around 5 pounds).

Please seek legal advice from your lawyer.

Clemency or pardon

In Kazakhstan, pardon/clemency can only be given by the President and on the basis of a petition from prisoner.

Upon pardoning, you may be released from serving the sentence, or imposed sentence may be reduced or replaced with milder type of punishment.

Get legal advice from your lawyer on how to apply.

Financial penalties

Financial penalties may be the principal punishment or form part of the sentence. The amount of a fine shall be determined by a court subject to the gravity of the crime committed and the financial status of a prisoner. In case of failure to pay a fine which was given as a principal type of punishment, it may be replaced with labour on public works, correctional labour, or detention.

Transfer to another prison within Kazakhstan

While the Court must specify the type of prison with certain security regime, the decision of which prison you will be sent lies with the Criminal Law Enforcement Committee. However, the law provides for the opportunity to apply for transfer to a certain region of Kazakhstan due to family connections to maintain socially important contacts.

A request for this can be submitted either by you or your relatives. The main criteria for eligibility are:

• good behaviour
• proof of relationship (e.g. marriage certificate)
• capacity of another prison to accept additional prisoner
• evidence of the social connections (correspondence, meetings, frequent telephone calls, transfer of parcels, etc.)
• your relatives must be registered at that address for the last 6 months

Transfer to a prison in the UK

In May 2018 Kazakhstan has applied for accession to the Council of Europe Convention on the Transfer of Sentenced Persons which means that in future British nationals may be allowed to transfer to the UK to serve the remainder of their sentence there. This would enable prisoners to be closer to family and friends, in an English-speaking environment, and would permit them to benefit from pre-release courses available in British prisons.

Get further legal advice from your lawyer.

Release and deportation

You can be released upon having served your sentence, annulation of sentence by the court, clemency or amnesty, severe disease or other grounds. It is common practice for foreigners who have committed offences to be deported after they have completed their sentence, and in most cases a ban on re-entry up to 5 years is imposed. You will have your documents and belongings returned by the prison on the day of release.

If your sentence (court decision) contains information about deportation, you must leave the country after your release.

If you do not have a valid travel document, the Embassy can issue a travel document. You will have to pay a fee for the travel document, as well as for the flight. If you do not have sufficient funds for the required documents, Consular representatives can contact your family/friends in the UK to ask for a money transfer.

You will be detained in Migration Service office until your Kazakh exit visa or a deportation document is ready, but for no more than 30 days, and you will be escorted to the border crossing point (or train station, airport).

Sometimes people find that they face difficulties adjusting to life in the UK once they have left prison. You may find yourself ready for life on the outside but not prepared for living in the UK. You may not have lived in the UK before and have no connections there, or perhaps you have lost touch with friends and family. You may want to talk to another person who understands what you have been through, to help you consider what to do next.

If you are registered with Prisoners Abroad , you can visit Prisoners Abroad when you first arrive back in UK for advice, to use their temporary luggage store, make essential phone calls or use a computer. If you have no belongings Prisoners Abroad may be able to help with basic toiletries and finding suitable clothing. If you know your release date in advance you should tell the Prisoner and Family Support Team when you are likely to arrive and what help you think you might need. If you have no money and nowhere to go, Prisoners Abroad’s Resettlement Service can help with:

• advice on finding emergency accommodation in the London area
• claiming welfare benefits, including emergency benefit payments if you are destitute
• making appointments with doctors and dentists
• putting you in touch with local agencies if you are not returning to the London area

Later on you may want advice on housing, looking for work, applying for training or getting counselling. Prisoners Abroad can refer you to the right agency.

Other sources of practical help back in the UK are:

The Salvation Army
UK Helpline +44 (0)20 7367 4888
Monday to Friday 8am to 4pm, or contact your local Salvation Army branch

The Prison Fellowship
UK Helpline +44 (0)20 7799 2500
Monday to Friday 9am to 5pm

Your criminal record in the UK

We will not normally pass on information about your case to a third party without your consent. However, if you’re arrested for certain serious offences, such as child sex abuse or drugs crimes, our staff must tell other relevant UK authorities. It is possible that information about this may appear if a Criminal Records Bureau check were carried out by a prospective employer.

Chapter 4: Additional information

Additional Information

International Legal Initiative

International Legal Initiative is a non-governmental and non-profit organisation created in 2010. The mission of the IPI is educational and human rights activity that promotes public awareness of human rights, their implementation and protection, as well as participation in legislative reforms in order to promote human rights.

Kazakhstan International Bureau for Human Rights

Kazakhstan International Bureau for Human Rights and Rule of Law is a non-governmental and non-profit organisation that analyses national legislation in the field of human rights and provides free legal advice to vulnerable citizens. The organisation also monitors the observance of human rights in the country.

Penal Reform International (PRI)

PRI has been working in the Central Asia region since 2001. Current work focuses on legislative reform in Kazakhstan, torture prevention, improving independent public oversight of places of detention and supporting the reintegration of people in prison into society.

Prisoners Abroad

Since 1978 the charity Prisoners Abroad has offered practical support and advice to British citizens imprisoned abroad. It is the only UK charity providing this service. It is available to all, whether guilty or innocent, convicted or awaiting charge or trial. Prisoners Abroad supports your health and welfare during your imprisonment. It can also provide support on your return to the UK, through their resettlement service (if you have registered whilst in prison). They can also provide support and advice to your family when you are in prison. To access any services, you must first register with Prisoners Abroad by signing and returning their authorisation form.

Once you seek help from Prisoners Abroad, the Prisoner & Family Support Service will be your point of contact for advice and information. The type of assistance they can offer varies from country to country, but generally they can provide you with information, in English, on:

• your rights as a prisoner
• issues that may affect you such as health or transfer to the UK
• getting magazines, newspapers, books and the regular Prisoners Abroad newsletter
• learning the language of your country of imprisonment
• translating documents
• grants for food if you are in a developing country and do not have funds from other sources
• grants for essential medicines and toiletries if you do not have funds from other sources
• preparing for release
• help for your loved ones, including information, family support groups and, in a few cases, assistance with the cost of visiting
• Freepost envelopes to help you stay in touch with others

Prisoners Abroad
UK Helpline +44 (0)20 7561 6820 or 0808 172 0098
Mondays to Fridays 9:30am to 4:30pm (UK time)
89 – 93 Fonthill Road
London N4 3JH
UK

Glossary of terms

Useful legal terms

English	Russian	Kazakh
Criminal Code	Уголовный кодекс/Ugolovny Kodeks	Қылмыстық кодекс/Qylmystyq kodeks
Criminal Procedures Code	Уголовно-процессуальный кодекс/Ugolovno-protsessualny Kodeks	Қылмыстық іс жүргізу кодексі/Qylmystyq ıs jürgızu kodeksı
Detention	Задержание/Zaderzhaniye	Ұстау/Ūstau
Detainee	Задержанный/Zaderzhanny	Ұсталған/Ūstalğan
Search	Обыск/Obysk	Тінті/Tıntı
Arrest	Арест/Arest	Қамау/Qamau
Arrestee	Арестованный/Arestovanny	Қамауға алынған/Qamauğa alynğan
Suspect	Подозреваемый/Podozrevayemy	Күдікті адам/Küdıktı adam
Accused person, defendant	Обвиняемый/Obvinyayemy	Айыпталушы/Aiyptaluşy
Transcript	Протокол/Protocol	Хаттама/Hattama
Case	Дело/Delo	Іc/Is
Criminal case	Уголовное дело/Ugolovnoye delo	Қылмыстық іс/Qylmystyq ıs
Administrative case	Административное дело/Administrativnoye delo	Әкімшілік іс/Äkımşılık ıs
Fine, penalty	Штраф/Shtraf	Айыппұл/Aiyppūl
Police	Полиция/Politsiya	Полиция/Polisia
Customs	Таможня/Tamozhnya	Кеден/Keden
Prosecutor	Прокурор/Procuror	Прокурор/Prokuror
Custodian of legal records	Секретарь суда/Secretar suda	Сот хатшысы/Sot hatşysy
Attorney, lawyer	Защитник, адвокат/Zashchitnik, advokat	Қорғаушы/Qorğauşy
Witness	Свидетель/Svidetel’	Куәгер/Kuäger
Translator, interpreter	Переводчик/Perevodchik	Аудармашы/Audarmaşy
Defendant	Ответчик/Otvetchik	Жауапкер/Jauapker
Plaintiff	Истец/Istets	Талапкер/Talapker
Accused, defendant	Подсудимый/podsudimyy	Сотталушы/Sottaluşy
Victim, the aggrieved party	Потерпевший/Poterpevshiy	Жәбірленуші/Jäbırlenuşı
Judge	Судья/Sud’ya	Сот/Sot
Court chairman	Председатель Суда Predsedatel’ suda	Сот төрағасы/Sot törağasy
Court, trial	Суд/Sud	Сот/Sot
Trial session	Судебное заседание Sudebnoye zasedaniye	Сот отырысы
Investigator	Следователь/Sledovatel’	Тергеуші/Tergeuşı
Investigation	Расследование, следствие Rasledovaniye, sledstviye	Тергеу/Tergeu
Court’s decision	Приговор суда/Prigovor suda	Сот үкімі/Sot ükımı
Convict	Осужденный/Osuzhdenyi	Сотталған адам/Sottalğan adam
Prison	Тюрьма/Tyurma	Түрме/Türme
Pre-trial detention facility	Следственный изолятор (СИЗО)/Sledstvenyi izolyator (SIZO)	Тергеу изоляторы/Tergeu izolätory
Temporary remand facility	Изолятор временного содержания (ИВС)/Izolyator vremenogo soderzhaniya (IVS)	Уақытша ұстау изоляторы/Uaqytşa ūstau izolätory
Facility Institution	Учреждение/Uchrezhdeniye	Мекеме/Mekeme
Release on parole	Условно-досрочное освобождение (УДО)/Usslovno-dosrochnoye osvobozhdeniye (UDO)	Мерзімінен бұрын шартты түрде босату/Merzımınen būryn şartty türde bosatu

Key phrases – English into Kazakh and Russian

English	Russian	Kazakh
Hello	Здравствуйте/Zdrastvooitye	Сәлеметсіз бе/Sälemetsız be
Good bye	До свидания/Da svidaniya	Сау болыңыз/Sau bolyƞyz
Yes	Да/Da	Иә/İä
No	Нет/Nyet	Жоқ/Joq
1. Please/2. You’re welcome	Пожалуйста/Pazhalooista	1. Өтінемін/Ötınemın/2. Оқасы жоқ/Oqasy joq
1. Excuse me/2. Sorry	Извините/Izvinitye	Кешіріңіз/Keşırıƞız
Thank you	Спасибо/Spasiba	Рақмет/Raqmet
May I…?	Можно …?/Mozhna…?	… Бола ма?/… bola ma?
Food	Еда/Eda	Ас/тамақ/As/tamaq
Water	Вода/Vada	Су/Su
I need help	Мне нужна помощь/Mne nuzhna pomosh	Маған көмек керек/Mağan kömek kerek
I need to speak with …	Мне нужно поговорить с …/Mne nuzhna pogovorit’ s …	Маған ..-мен сөйлесу керек/Mağan ..-men söilesu kerek

Annex

FCDO guidance: support for British nationals abroad

FCDO guidance: arrested abroad: advice for British nationals

List of English-speaking lawyers

List of private translators/interpreters

Prisoners Abroad