Your Rights From the Moment of Detention
The Constitution of Kazakhstan 2026 significantly strengthens the protection of citizens' rights upon detention.
What Must Be Communicated to You Immediately
From the moment of actual detention, police officers are obliged to:
- Inform you of the reason and grounds for detention.
- Explain your constitutional rights — the equivalent of the Miranda warning.
- Inform you that you have the right to remain silent.
Your Key Rights
Right to silence You are not obliged to testify against yourself or your relatives. This is a constitutional norm.
Right to a lawyer You have the right to legal assistance from the moment of detention. If you do not have your own lawyer, the state is obliged to appoint a defence counsel.
Right to notify relatives You may demand that your relatives or another person you specify be notified of your detention.
Detention Periods
- Maximum without court order: 48 hours (under the 2026 Constitution; previously 72 hours).
- After 48 hours, the court must either issue a detention order or release you.
Presumption of Innocence
The 2026 Constitution enshrines the presumption of innocence as a general constitutional principle. The burden of proving your guilt lies with the prosecution — you are not required to prove your innocence.