The Department of Consular Service of the Ministry Foreign Affairs of the Republic of Kazakhstan (RK) and General Prosecutor's Office of the Republic of Kazakhstan have considered the motion in Kozlov's case, directed by Lyudmyla Kozlovska, president of the Open Dialog Foundation.
The president of the Open Dialog Foundation requested appropriate medical care for Kozlov. In response, the Department of Consular Service of the Ministry Foreign Affairs of RK states that the Kazakhstani citizen in question, convicted by the court of Kazakhstan for illegal activities carried out on the territory of Kazakhstan is serving his sentence in a penal colony, where medical care is available.
"If convict Kozlov is, as alleged, not receiving the necessary medical care" - states the Department of Consular Service - "then citizen of RK, Aliyia Turusbekova, the wife of Kozlov, should turn to the Committee of Criminal and Executive System of the Ministry of Internal Affairs and the management of the penitentiary EC-164/3 in Petropavlovsk to have this motion processed."
Lyudmyla Kozlovska also filed a motion with the Administration of the President of RK, appealing to the authorities to pardon Kozlov and immediately transfer him - in compliance with applicable law - to a penitentiary nearest to his place of residence. This motion received a response from Kazakhstan's General Prosecutor's Office, again referring to the Aktau court (Mangystau District) verdict of October 8 2012, sentencing Kozlov to 7 years and 6 months of imprisonment, confiscation of property and serving of the sentence in a general regime penal colony, according to the criminal code of RK (article 235, item 1; article 164, item 3; article 170, item 2; article 58, item 3). The response also quoted the decisions of the appellate and cassation instance courts of the Mangystau District of November 19 2013, who upheld Kozlov's sentence and rejected his appeals.
The General Prosecutor's Office mentioned that the sentence is to be served between January 23 2012 and July 22 2019. Additionally, a regulation of the Pardon Commission, validated by the presidential decree of July 5 2006 was referred to. According to item 2 of this regulation, a pardon procedure may be initiated only on the motion of a person convicted by a court of RK or serving their sentence based on a verdict issued by a court of RK. According to items 16 and 17 of this regulation, a pardon request should be directed to the President of RK in writing, by the penitentiary where the convict is serving his sentence. It was further noted that processing requests related to visits of EU representatives and Kazakhstani and international human rights organisations is not within the remit of the General Prosecutor's Office. According to item 19 of the penitentiary's visiting rules, validated by the regulation of the Minister of Internal Affairs of March 29 2012, applications related to visits of foreigners and diplomats to penal colonies and remand centres are processed by the Ministry of Foreign Affairs of RK in coordination with the National Security Committee of RK. In conclusion, it was stated that the penitentiary in question had received visitors from Poland and Kozlov himself, had received numerous visits from NGOs of Northern Kazakhstan Province in 2013.
"When it comes to transferring Kozlov to a penitentiary in the Almaty District, let me clarify that according to item 3 of article 68 of the Criminal Executive Code, convicts are directed to serve their sentences in penal facilities in other districts as indicated by a competent authority (Committee of Criminal and Executive System of the Ministry of Internal Affairs of RK)." Consequently, according to clarifications provided by the General Prosecutor's Office, Kozlov should direct his transfer request to the Chairman of the Committee of Criminal and Executive System of the Ministry of Internal Affairs of RK.