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Extradition Procedure in Kazakhstan
A Brief Overview International Legal Framework for Extradition
The extradition process facilitates the transfer of individuals accused or convicted of crimes from one jurisdiction to another for prosecution, enforcement of a sentence, or investigative proceedings. Extradition is permissible only when all statutory procedures are duly observed (Articles 579–595 of the Criminal Procedure Code of Kazakhstan (CPC)).
Extradition in Kazakhstan is governed by both national legislation and international treaties. The primary legal instruments include the Conventions on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (Minsk, 1993; Chisinau, 2002), as well as the United Nations Convention against Transnational Organized Crime (Palermo, 2000).
Kazakhstan is also a party to other international agreements concerning extradition, including the United Nations Convention against Corruption (New York, 2003), the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 1988), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. Kazakhstan maintains active extradition cooperation through bilateral agreements with Spain (2012), Italy (2015), Bulgaria (2014), Hungary (2014), Romania (2014), and Turkey (1995) in Europe. In Asia, Kazakhstan has similar agreements with China (1996), Iran (2012), the UAE (2009), Saudi Arabia (2016), Vietnam (2017), and Jordan (2017). Within the Commonwealth of Independent States, Kazakhstan collaborates with Kyrgyzstan (1997), Uzbekistan (1997), and Ukraine (2018).
In 2022, Kazakhstan processed over 90 extradition requests, granting 80 of them. The main partners in extradition proceedings were Russia, Uzbekistan, and Kyrgyzstan, due to similarities in legal systems, geographic proximity, and migration dynamics. The most frequent cases involved fraud, theft, homicide, and drug-related offenses.
Grounds and Restrictions on Extradition
According to Article 579 of the CPC, an extradition request may be submitted if the offense carries a custodial sentence of at least one year or if the convicted individual has an unserved sentence of at least 6 (six) months. Requests for temporary extradition or transit transportation follow the same procedure.
Extradition is granted only if the act constitutes a criminal offense in both Kazakhstan and the requesting state (Article 590 of the CPC). Extradition is prohibited if:
Preparation and Submission of Extradition Requests
According to Article 580 of the CPC, an extradition request must be submitted in writing and contain a description of the offense, its legal classification, and supporting documents, including copies of rulings, judgments, and relevant provisions of the Criminal Code. The Prosecutor General of Kazakhstan or their deputy is authorized to submit such requests to foreign states.
Temporary Extradition and Extradition Arrest
Temporary extradition may be requested to prevent the destruction of evidence or the expiration of statutory limitations (Article 581 of the CPC). If granted, the individual must be returned within an agreed timeframe. Extradition arrest is imposed by court order (Article 589 of the CPC) and cannot exceed 12 months, except in cases requiring extension for logistical reasons.
Rights of Individuals Subject to Extradition
Under Article 586 of the CPC, individuals subject to extradition have the right to:
Review and Appeal of Extradition Decisions
Following an extradition review, the Prosecutor General issues a decision either approving or denying extradition (Article 591 of the CPC). Individuals subject to extradition may appeal the decision to the Supreme Court within 10 (ten) days. A judicial ruling takes legal effect upon its official issuance and notification to the concerned parties.
Execution of Extradition and Transit Transfer
The Ministry of Internal Affairs oversees the transfer of individuals within 30 (thirty) days after a decision is finalized (Article 594 of the CPC). Transit transportation through Kazakhstan is executed in accordance with Article 595 of the CPC.
Special Conditions for Extradition
Extradition may be postponed if the individual is subject to criminal prosecution or is serving a sentence in Kazakhstan (Article 593 of the CPC). Additionally, temporary extradition for procedural purposes may be granted under the condition of mandatory return.
In summary, extradition in Kazakhstan is strictly regulated to ensure compliance with international obligations and the rule of law. Each request is assessed on a case-by-case basis, balancing the imperatives of criminal justice with the protection of human rights.
Extradition in Kazakhstan is governed by both national legislation and international treaties. The primary legal instruments include the Conventions on Legal Assistance and Legal Relations in Civil, Family, and Criminal Matters (Minsk, 1993; Chisinau, 2002), as well as the United Nations Convention against Transnational Organized Crime (Palermo, 2000).
Kazakhstan is also a party to other international agreements concerning extradition, including the United Nations Convention against Corruption (New York, 2003), the United Nations Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (Vienna, 1988), and the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of 1984. Kazakhstan maintains active extradition cooperation through bilateral agreements with Spain (2012), Italy (2015), Bulgaria (2014), Hungary (2014), Romania (2014), and Turkey (1995) in Europe. In Asia, Kazakhstan has similar agreements with China (1996), Iran (2012), the UAE (2009), Saudi Arabia (2016), Vietnam (2017), and Jordan (2017). Within the Commonwealth of Independent States, Kazakhstan collaborates with Kyrgyzstan (1997), Uzbekistan (1997), and Ukraine (2018).
In 2022, Kazakhstan processed over 90 extradition requests, granting 80 of them. The main partners in extradition proceedings were Russia, Uzbekistan, and Kyrgyzstan, due to similarities in legal systems, geographic proximity, and migration dynamics. The most frequent cases involved fraud, theft, homicide, and drug-related offenses.
Grounds and Restrictions on Extradition
According to Article 579 of the CPC, an extradition request may be submitted if the offense carries a custodial sentence of at least one year or if the convicted individual has an unserved sentence of at least 6 (six) months. Requests for temporary extradition or transit transportation follow the same procedure.
Extradition is granted only if the act constitutes a criminal offense in both Kazakhstan and the requesting state (Article 590 of the CPC). Extradition is prohibited if:
- The individual is a citizen of Kazakhstan (unless otherwise stipulated by international treaties);
- The act for which extradition is requested is not classified as a crime under Kazakh law;
- The individual may be subjected to torture, inhuman treatment, or persecution on political, racial, or religious grounds; and/or
- The crime falls within the category of private prosecution or pertains to military offenses (unless an international treaty provides otherwise).
Preparation and Submission of Extradition Requests
According to Article 580 of the CPC, an extradition request must be submitted in writing and contain a description of the offense, its legal classification, and supporting documents, including copies of rulings, judgments, and relevant provisions of the Criminal Code. The Prosecutor General of Kazakhstan or their deputy is authorized to submit such requests to foreign states.
Temporary Extradition and Extradition Arrest
Temporary extradition may be requested to prevent the destruction of evidence or the expiration of statutory limitations (Article 581 of the CPC). If granted, the individual must be returned within an agreed timeframe. Extradition arrest is imposed by court order (Article 589 of the CPC) and cannot exceed 12 months, except in cases requiring extension for logistical reasons.
Rights of Individuals Subject to Extradition
Under Article 586 of the CPC, individuals subject to extradition have the right to:
- Be informed of the grounds for the request;
- Access legal representation;
- Challenge their detention; and
- Participate in judicial proceedings.
Review and Appeal of Extradition Decisions
Following an extradition review, the Prosecutor General issues a decision either approving or denying extradition (Article 591 of the CPC). Individuals subject to extradition may appeal the decision to the Supreme Court within 10 (ten) days. A judicial ruling takes legal effect upon its official issuance and notification to the concerned parties.
Execution of Extradition and Transit Transfer
The Ministry of Internal Affairs oversees the transfer of individuals within 30 (thirty) days after a decision is finalized (Article 594 of the CPC). Transit transportation through Kazakhstan is executed in accordance with Article 595 of the CPC.
Special Conditions for Extradition
Extradition may be postponed if the individual is subject to criminal prosecution or is serving a sentence in Kazakhstan (Article 593 of the CPC). Additionally, temporary extradition for procedural purposes may be granted under the condition of mandatory return.
In summary, extradition in Kazakhstan is strictly regulated to ensure compliance with international obligations and the rule of law. Each request is assessed on a case-by-case basis, balancing the imperatives of criminal justice with the protection of human rights.
Автор
Тимошенко Артем
Управляющий Партнер
Email: artem.t@unicaselaw.com
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