Kazakhstan's cassation court has overturned the conviction of a prisoner who had been found guilty of malicious disobedience to lawful demands of prison administration. It turned out that all disciplinary actions that led to criminal prosecution were unlawful, reports infohub.kz.
The trial and appellate courts found the man guilty based on 27 disciplinary penalties imposed by the prison administration over four months. However, 26 of them were related to violations committed while he was held in isolation and solitary confinement.
During the cassation review, it was found that the demands of the administration, for which the prisoner was held accountable, were not lawful. This was confirmed by rulings of investigative courts, results of inspections by authorized bodies, and other case materials.
Furthermore, the cassation court established that the penalties began to be applied after the man started appealing the unlawful seizure of a parcel. Previously, he had a second positive behavior grade and commendations.
The cassation court concluded that the prisoner was simply defending his rights and did not disrupt the normal functioning of the institution. As a result, the court decisions were overturned and the criminal case was dismissed.