Rights during investigation - legal assistance

Kazakhstan

Kazakhstan - Constitution 1995 (2019) EN

Article 13
1. Everyone has the right to recognition of his/her legal personality and the right to protect his/her rights and freedoms by all means not contradicting the law, including the necessary defense.
2. Everyone shall have the right to legal defense of his rights and freedoms.
3. Everyone shall have the right to take qualified legal assistance. In cases stipulated by law, legal assistance shall be provided free of charge .

Article 16
1. Everyone shall have the right to personal freedom.
2. Arrest and detention shall be allowed only in cases stipulated by law and only with the authorization of the with the right of appeal. Without the authorization of the court, a person shall be detained for a period of not more than seventy-two hours .
3. Every person detained, arrested and accused of committing a crime shall have the right to the assistance of a lawyer (defender) from the moment of detention, arrest or accusation .
Footnote: See resolution of the Constitutional Council of the Republic of Kazakhstan No. 13 dated December 31, 2003;
Footnote: Article 16 as amended by the Law of Republic of Kazakhstan No. 254 dated May 21, 2007 (shall be applied from the date of its official publication).

Rome Statute

Article 55 Rights of persons during an investigation

2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:

(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and