Article 17
1. Human dignity shall be inviolable.
2. No one should be subjected to torture, violence, abusive or other treatment and punishment degrading human dignity .
Article 18
1. Everyone shall have the right to inviolability of private life, personal or family secrets, protection of honour and dignity.
2. Everyone shall have the right to confidentiality of individual deposits and savings, correspondence, telephone conversations, postal, telegraph, and other messages. The Limitation of this right shall be permitted only in cases and according to the procedure directly established by law.
3. State bodies, public associations, officials, and the mass media must provide every citizen with the possibility to become familiar with the documents, decisions and other sources of information concerning his rights and interests.
Footnote: See resolution of the Constitutional Council of the Republic of Kazakhstan No.5 dated on August 20, 2009.
Article 77
1. A judge in the administration of justice is independent and subject only to the Constitution and the law.
2. Any interference with the court’s administration of justice is unacceptable and punishable by law. Judges are not accountable for specific cases.
3 When applying the law, the judge shall be guided by the following principles:
1) a person is considered to be innocent of committing a crime until his guilt is recognized by the court judgment that has entered into legal force;
2) no one may be subjected to repeated criminal or administrative liability for the same offense;
3) no one’s court jurisdiction, provided for him by law, can be changed without his consent;
4) everyone has the right to be heard in court;
5) laws that establish or strengthen liability, impose new duties on citizens or worsen their situation, do not have retroactive effect. If, after committing the offense, the responsibility for it is cancelled or mitigated by law, the new law shall be applied;
6) the accused is not obliged to prove his innocence;
7) no one is obliged to testify against himself, or his spouse (-s) and close relatives, whose circle is determined by law. Priests are not obliged to testify against those who confided in them at confession;
8) any doubts about the guilt of the person shall be interpreted in favour of the accused;
9) evidence obtained in an unlawful manner is not legally binding. No one can be convicted solely on the basis of his own confession
10) the application of criminal law by analogy is not allowed.
4. The principles of justice established by the Constitution are common and uniform for all courts and judges of the Republic.
Footnote. See the resolutions of the Constitutional Council of the Republic of Kazakhstan dated
10.03.1999 No. 2/2; dated April 18, 2007, No. 4.
1. In respect of an investigation under this Statute, a person:
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;