An amnesty is planned in Kazakhstan in 2021 on the occasion of the 30th anniversary of Independence. The draft of the corresponding law was published on the portal of open regulatory legal acts for discussion with the public of the country.
As ACCA has already reported, the President of Kazakhstan Kasym-Zhomart Tokayev promised amnesty for some of the convicts in October 2020. As the President noted then, those prosecuted for crimes, that do not pose a serious threat to the security of citizens and the state as a whole, can expect to be released.
And now, three months later, the Ministry of Internal Affairs of Kazakhstan has developed a draft law.
“The objectives of the adoption of the draft law are the humanization of criminal policy, on the basis of the principle of humanism, in connection with the 30th anniversary of Independence of the Republic of Kazakhstan, full or partial release from punishment, replacement of the unserved part of the punishment with a milder one, or termination of criminal prosecution against an individually not defined circle of persons, but also a decrease in the number of persons held in institutions of the penal system and registered with the probation service. The adoption of the draft law will lead to the following legal and socio-economic consequences: the release of about 3-4 thousand convicts; termination of criminal cases and cases not considered by the courts on crimes committed before the entry into force of this draft law by persons prosecuted for crimes of small and medium gravity; for certain categories of convicts, the reduction of the unserved part of the sentence. Under the economic consequences of the adoption of the draft law, a significant improvement in the level of material and living conditions of persons, who don’t fall under the amnesty and continue to serve their sentences, is expected, as well as a reduction in prison population, the possibility of improving the standards of medical and sanitary requirements for conditions of detention. The working conditions of the administration and employees of the penal system will also improve to ensure the regime in institutions and other conditions of their service and social protection. As a result of the adoption of the draft law, it will become possible to use the saved budget funds to finance the penal system and the introduction of international legal standards, including the transition to chamber types of prisons,” the concept of the bill says.
The Ministry of Internal Affairs also notes that the amnesty will not require additional budget funding, since the money allocated to the department under other budget programs will be sufficient.
If the law is adopted and signed by the head of state, then this amnesty will become the ninth in Kazakhstan since the country gained independence.
The first amnesty took place in October 1994. It was timed to coincide with the International Year of the family. Then 1380 convicts were released.
The second amnesty on the occasion of the first anniversary of the new Constitution of Kazakhstan was held in July 1996. 10,988 convicts were released. Another 2396 convicts had their sentences reduced.
Three years later, in July 1999, in connection with the Year of unity and intergenerational continuity, 15,705 convicts were released, and the term of punishment was reduced to 2270 convicts.
The fourth amnesty was held in December 2000 on the occasion of the tenth anniversary of the adoption of the Declaration on State Sovereignty of the Republic of Kazakhstan. 7791 people were released; the sentence was reduced to 964 convicts.
In February 2002, in connection with the 10th anniversary of Independence of Kazakhstan, 10,524 prisoners were released, 693 people received a reduction in punishment.
In 2006, the amnesty was timed to coincide with the celebration of the Independence Day of the Republic of Kazakhstan. 3626 convicts were released, and the term of punishment for 1406 convicts was reduced.
On the 20th anniversary of Independence (in December 2011), 2628 prisoners were released, the term of punishment was reduced to 859 convicts.
The last amnesty was held in Kazakhstan in December 2016 in connection with the 25th anniversary of the Independence of the Republic of Kazakhstan. 1220 convicts were released, and the sentence was reduced to 2338 convicts.
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