Kazakhstan’s Constitutional Court Rules Automatic Extension of Arrest Unconstitutional

The Constitutional Court of the Republic of Kazakhstan has ruled that the provision allowing judges to automatically extend the arrest of an accused at the time a case is transferred to court is unconstitutional, Orda.kz reports.

The Court's review was prompted by a citizen's appeal. The individual claimed that his arrest period ended on December 18, 2024, while the case was only transferred to court on December 20.

The judge extended his detention “until the case is considered on the merits,” which the applicant argued was a violation of the Constitution.

The provision in question is Part 5 of Article 319 of the Code of Criminal Procedure, which states:

The Constitutional Court found this language unconstitutional, stating that it “creates legal uncertainty” and permits detention without a new court ruling or justification.

Any restriction of the constitutional right to personal freedom is permitted only on the basis of law and in the manner established by law, and only with the sanction of the court,
the Constitutional Court emphasized.

The Court stressed that legislation must be “clear, predictable and not subject to arbitrary interpretation,” and that procedures under the Criminal Procedure Code must ensure “constant and timely judicial review.”

Judges, it concluded, must not automatically extend arrests “until the case is considered on the merits.” Each extension must be justified and formalized through a separate court decision.

The government has been advised to amend the law within six months.

Original Author: Zhadra Zhulmukhametova