ABUSE OF POWER OR LEGAL ARBITRARINESS?
THE CASE OF THE ESENTAI CITY RESIDENTIAL COMPLEX
PRESS SERVICE OF THE SPECIALIZED INTERNATIONAL DETECTIVE AND LEGAL SERVICE "EURASIA-POL" NAMED AFTER GENERAL V.N. MAMAEV, INTERSTATE AGENCY FOR SPECIAL INVESTIGATIONS AND ANTI-CORRUPTION, AND AUTHORIZED REPRESENTATIVES REPORT THAT WE HAVE RECEIVED A COMPLAINT FROM OLGA ABDYGAPAROVA REGARDING THE VIOLATION OF HER RIGHTS. OPEN STATEMENT BY OLGA ABDYGAPPAROVA REGARDING ABUSE OF POWER BY THE ALMATY CITY POLICE DEPARTMENT
We conducted a preliminary assessment of the presented facts and, based on the analysis, believe that the case requires a more thorough investigation into possible violations by officials.
Based on international treaties, including the UN Convention against Corruption ratified by the Republic of Kazakhstan, as well as within the framework of interstate cooperation on anti-corruption and abuse issues, we draw attention to the necessity of a thorough legal evaluation of the actions of the officials involved in the investigation of case No. 247517031000472. The measures taken should comply not only with the internal legislation of the Republic of Kazakhstan but also with the country’s international obligations to ensure citizens' rights and freedoms, and prevent abuses by governmental authorities.
We emphasize that investigations of such cases must be conducted in strict accordance with the norms of international law and should consider the following:
And other normative acts regulating measures to prevent corruption and protect civil rights. We insist on the necessity of adhering to the principles of transparency, legality, and the prevention of power abuse, which is especially important in the context of strengthening cooperation between countries to enhance the rule of law and public trust in state institutions.
We request that the relevant authorities review the arguments in the complaint, provide a legal assessment, and issue appropriate instructions to eliminate violations. We will continue to monitor the situation and keep the appropriate agencies informed.
Press Service of the Specialized International Detective and Legal Service "Eurasia-Pol" named after General V.N. Mamaev, the Interstate Agency for Special Investigations and Anti-Corruption, regarding the legality of the actions of the investigative and prosecutorial bodies of Almaty city.
In connection with the pre-trial investigation conducted by the Almaty City Police Department into criminal case No. 247517031000472 based on the statements of a group of citizens who signed preliminary sale-purchase agreements (PSPA) for real estate in the Esentai City Residential Complex, we declare the illegality and unlawfulness of this case on the following grounds:
According to subparagraph 2, paragraph 12 of the Order of the General Prosecutor of the Republic of Kazakhstan No. 89 dated September 19, 2014, statements and reports related to civil law transactions that have not been declared invalid or fictitious by a court are not subject to registration in the Unified Register of Pre-Trial Investigations (ERDR). In this case, the individuals who signed the PSPA do not possess the status of shareholders as defined by the Law of the Republic of Kazakhstan "On Shared Participation in Housing Construction." Consequently, the initiation of the criminal case and its investigation are violations of the applicable legislation.
The preliminary sale-purchase agreements for real estate signed with the applicants are not subject to registration with the local executive body at the location of the objects. Therefore, the application of the norms of the Law of the Republic of Kazakhstan "On Shared Participation in Housing Construction" is unreasonable and contradicts the provisions of the General Prosecutor's Order No. 89. This renders the initiation of the criminal case unlawful and inappropriate.
The agreements concluded are part of civil law relations and do not fall under the regulation of the Law of the Republic of Kazakhstan "On Shared Participation in Housing Construction." Any arising disagreements must be resolved in court within the framework of civil proceedings, as confirmed by the provisions of the Civil Code of the Republic of Kazakhstan and the terms of the concluded agreements. This approach is supported by the decisions of the Medeu District Court of Almaty city dated February 26, 2024, and June 26, 2024, according to which disputed issues are subject to consideration exclusively under civil law procedures.
The conducted audit analysis for the period from December 12, 2022, to December 28, 2023, did not reveal any misuse of funds. All operations corresponded to the statutory goals of LLP "AV Construction." This excludes the presence of a criminal offense and renders further investigation unjustified.
The absence of legal grounds for the initiation and investigation of the criminal case indicates potential abuse of authority by the employees of the Almaty City Police Department and misuse of power. The Almaty City Prosecutor's Office did not exercise proper oversight, indicating negligence and requiring immediate action.
VIOLATIONS IDENTIFIED:
- Violation of legislative requirements.
- Lack of legal grounds for initiating a criminal case.
- Civil nature of the dispute.
- Lack of factual evidence of violations.
- Abuse of power by investigative authorities.
Based on the above, it is required:
- The General Prosecutor's Office of the Republic of Kazakhstan — to conduct a full review of all circumstances and actions of the officials involved in the investigation of this case and to legally evaluate their actions for signs of corruption and abuse of power.
- The Anti-Corruption Agency and the National Security Committee of the Republic of Kazakhstan — to conduct an internal review of the officials of the Almaty City Police Department and prosecutorial staff who allowed the violation of legislative norms and interference in civil relations.
- The General Prosecutor's Office of the Republic of Kazakhstan — to conduct an inspection by the central office of the General Prosecutor’s Office to terminate the pre-trial investigation in criminal case No. 247517031000472 and to take procedural measures against the responsible individuals.
Urgent measures must be taken to halt legal violations, ensure compliance with the principles of separation between civil and criminal proceedings, and hold the guilty parties accountable.
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