Kazakhstan Constitutional Court rules on audio and video evidence admissibility

September 15, 2026 at 11:00 AM2 min

This digest was compiled by AI from multiple sources — links to the originals are below.

Kazakhstan's Constitutional Court has ruled that audio and video recordings can be used as evidence in criminal cases only if obtained lawfully. The court stated that the contested provision does not establish a procedure for obtaining such recordings, nor does it relieve courts of the duty to verify their relevance, admissibility, and reliability. Questions of legality and privacy rights must be assessed by prosecution authorities and the court in each specific case.

Key Facts

The Constitutional Court of Kazakhstan reviewed a challenge to a provision of the Supreme Court's normative resolution on evidence assessment in criminal proceedings.
The challenge arose from a criminal case in which audio and video recordings were used as evidence.
The Court ruled that only lawfully obtained information may be recognized as evidence.
The contested provision does not set out a procedure for obtaining audio and video recordings and does not exempt courts from verifying their relevance, admissibility, and reliability.
Questions about the legality of obtaining specific recordings and respect for privacy rights must be assessed by criminal prosecution authorities and the court in the relevant criminal case.

Constitutional Court Review

The Constitutional Court of Kazakhstan examined a request to verify the constitutionality of a provision in the Supreme Court's normative resolution on evidence assessment in criminal proceedings. The request was prompted by a criminal case in which audio and video recordings were used as evidence. The Court emphasized that only information obtained through lawful means can be recognized as evidence.

Court's Findings

The contested provision does not establish a procedure for obtaining audio and video recordings. It also does not relieve the court of its duty to verify the relevance, admissibility, and reliability of such recordings. Questions regarding the legality of obtaining specific recordings and compliance with the right to privacy must be assessed by criminal prosecution authorities and the court when considering the relevant criminal case.