Petropavl, 23 October. Court No. 2 of Petropavl has awarded a man 200,000 tenge in compensation for moral damage and 300,000 tenge for legal representation after he spent four days under administrative arrest in a case that was later dropped for lack of any offence, the court's press service said.
The man, identified in the court's statement only by the initial S., was first charged under Part 1 of Article 608 of the Code of Administrative Offences. This provision punishes driving while intoxicated and carries arrest and the loss of a driving licence. He was arrested and spent four days in custody.
The criminal division of the North Kazakhstan Regional Court later reviewed the case, dropped it for lack of an offence and recognised the man's right to compensation. He then sued the Ministry of Finance and the Police Department. According to the court, he argued that the unlawful arrest and isolation caused him "extreme psycho-emotional stress" and damaged his health: he suffers from grade III hypertension.
Court No. 2 of Petropavl partly upheld the claim and awarded 200,000 tenge for moral damage; how much the man had sought is not stated in the court's announcement. It also awarded 300,000 tenge to cover his legal costs. The civil division of the regional court upheld the ruling, which has entered into force.
The court's statement does not say who made the original mistake or why, or whether any police officer or judge faced disciplinary action. It is also unknown whether the man's driving licence was taken away during his arrest and whether it has been returned.
What it means: A person punished with arrest for an offence that turns out never to have happened can win money from the state, and can do so by suing the Ministry of Finance and the police. The amount in this case is small: 50,000 tenge for each day in custody.
Who benefits: The plaintiff gets recognition that his arrest was unlawful and compensation; other citizens get a clear precedent for seeking redress. The cost falls on the budget, as the Ministry of Finance and the Police Department were the defendants.
Background: Part 1 of Article 608 is one of the strictest traffic provisions: for drink-driving it provides for arrest and the loss of the right to drive; in 2023 the Constitutional Court, acting on a citizen's complaint, reviewed the provision's compliance with the Constitution.
List of sources used: Zakon.kz, Constitutional Court of Kazakhstan
Artificial intelligence was used in preparing this material.
