CHAPTER 20
POLICE, PUBLIC ORDER, AND CIVILIAN LAW ENFORCEMENT
Article 124 — Constitutional Status of the Police
The police are a civilian law-enforcement service for the protection of persons, rights, public order, and lawful security.
The police are not a military force.
Police activity shall be lawful, proportionate, accountable, rights-respecting, and subject to judicial review.
Police shall serve the public and the Constitution, not the interests of any political actor.
The police are absolutely prohibited from being used against the civilian population of the Qazaq Republic exercising their constitutional rights, against peaceful assemblies, or as an instrument of political repression, in accordance with Article 110a of this Constitution. Every police officer has an unconditional constitutional duty to refuse and disobey any order to use force against peaceful civilians exercising their constitutional rights. This duty overrides rank and chain of command. A police officer who obeys such an order commits a criminal offense and bears full personal criminal responsibility.
Article 125 — Accountability of the Police
The police are accountable: a) to the courts in matters requiring judicial authorization, review, and remedy; b) to elected local authorities within the scope established by constitutional law; c) to Parliament and lawful national oversight bodies for systemic legality, finance, and public accountability.
Constitutional law shall allocate competencies between national coordination and local democratic accountability in a manner consistent with the unitary state.
No police structure may be exempt from judicial supervision where rights are affected.
Article 126 — Police Powers and Limits
Police powers shall be established by law and interpreted narrowly.
Search, seizure, arrest, surveillance, and use of coercive force shall be exercised only under constitutional and legal conditions.
Use of force must satisfy legality, necessity, proportionality, accountability, and reviewability. Lethal force may be used only as an absolute last resort where strictly necessary to protect life from an imminent, serious, and otherwise unavoidable threat. Lethal force is never permitted solely to protect property, to disperse assemblies, or to enforce public order.
Torture, ill-treatment, collective punishment, enforced disappearance, unofficial detention, and fabrication of evidence are prohibited.
Article 127 — Judicial Authorization in Policing
Intrusive police measures affecting home, bodily integrity, communications, movement, data, or liberty shall require judicial authorization except in urgent cases strictly defined by law.
Any urgent police action without prior judicial authorization shall be reported to a judge within twenty-four (24) hours and shall be invalid if judicial confirmation is denied within forty-eight (48) hours of the report.
Persons affected by police action shall have access to court and effective remedy.
Article 128 — Independent Complaint and Accountability Mechanisms
An independent police complaints body, institutionally separate from the police and the Ministry of Internal Affairs, shall be established by constitutional law to receive and investigate complaints of police abuse, corruption, unlawful force, discrimination, or rights violations. This body shall have powers to compel evidence, interview officers, and recommend prosecution.
Serious incidents involving death, grave injury, torture allegations, violations of Article 110a, or politically sensitive operations shall be investigated by this independent body and, where criminal conduct is found, referred to the Prosecutor General. Investigations of serious incidents shall be completed within six (6) months.
Police officers remain individually responsible for unlawful acts, and superiors remain responsible where they ordered, knew of, tolerated, or failed to prevent such acts as provided by law.