Rinat Charlez, lawyer of the Astana Bar Association, said that police officers have the right to film citizens only in case of investigative actions. This may be interrogation, confrontation, personal search and other investigative actions. In the case of an administrative offense, such a procedural action is a personal search.
During a body search or body search, you may be stripped naked in order to locate and seize items and documents.
“If necessary, medical specialists of the appropriate profile are involved to detect objects inside the body during a personal search or search. At the same time, a personal search or personal search is carried out only by a person of the same sex as the person being searched and with the participation of attesting witnesses and specialists of the same sex,” said Rinat Charlez.
According to the lawyer, if necessary, photographing, filming and video recording can be made during the proceedings. This issue is regulated by the Code of Criminal Procedure (CPC) and the Code of Administrative Offenses (CAO), and the consent of the searched person is not required.
“In most cases, this is not an obligation, but the right of officials, which they can use to ensure that the full progress of the procedural action is recorded,” the lawyer explained.
But the distribution of these materials will already be an offense. Firstly, this is the disclosure of pre-trial investigation data, and secondly, it is a violation of the right to privacy and the dissemination of personal data.
In turn, filming a person on video in the police just like that, without carrying out investigative or other procedural actions directly established by the procedural law, is unacceptable and unlawful.
“For example, you came to the police department to write a statement. At that moment, some officer turned on the camera and started filming you. He has no right to do this,” the lawyer explained.
Recall that earlier detained in Taldykorgan journalist Sandugash Duysenova said about the naked video filming in the police. The Zhetysu Regional Police Department reacted to this. The Ministry of Internal Affairs also spoke about this.
Today it became known that the criminal case against Sandugash Duysenova was closed.
