Almaty (Kazakhstan), 9 February, 2015
On Wednesday (11 February, 2015) at 9:30 a.m. the Almaty City Court will hold a hearing, during which it will consider the appeal against the decision of May 2014 regarding the confiscation of a flat belonging to Vladimir Kozlov and his wife Aliya Turusbekova. If, in this instance, the court does not accede to Turusbekova's appeal, the only remaining measure will be an appeal to the Supreme Court.
After the arrest of Vladimir Kozlov, his property, by decision of an investigator from the National Security Committee (NSC), was confiscated by the state. Now, a battle is being waged over the 40-metre apartment, currently occupied by Aliya and their one-year-old son Alen.
Kazakh law prohibits the confiscation of a citizen's sole place of residence; despite this fact, Turusbekova's appeal against the decision of the lower court has already been rejected once (/news/apelacja-turusbekovej-odrzucona.aspx). In light of Article 161 of the Code of Criminal Procedure of the Republic of Kazakhstan, the confiscation of necessities is deemed to be unacceptable - Olga Kim, Aliya's counsel, stated. In addition, Article 51, paragraph 3 of the same Code also stipulates that property which has been considered necessary and belongs to the convict or his dependents must not be confiscated.