Kazakhstan: Rights Activist's Manslaughter Trial Opens amid Intense International Scrutiny

One of Kazakhstan's most prominent human rights activists went on trial September 2, charged with causing death by dangerous driving. The trial has cast a spotlight on Kazakhstan's judicial system. It is also being viewed as a litmus test of Astana's commitment to democratic procedures, coming as it does just four months before Kazakhstani officials take over the helm of the Organization for Security and Cooperation in Europe (OSCE).

Yevgeniy Zhovtis, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law, went on trial at the Balkhash District Court in the Almaty Region. He is accused of manslaughter in the death of Kanat Moldabayev, who succumbed after being struck by a vehicle driven by Zhovtis on July 26. That fact is not in dispute. At issue are the degree of Zhovtis's culpability in the case, and the fairness of the legal proceedings.

Making a statement at the opening of the trial, which is being held in Bakanas, about three hours' drive from Almaty, Zhovtis said the trial had been politicized. The July 26 accident occurred not far from Bakanas.

Repeating condolences to bereaved members of Moldabayev's family, Zhovtis said he accepted "moral responsibility" for the accident. He has given Moldabayev's relatives roughly $15,000 in compensation, which has been accepted. But he insisted that such a gesture had no bearing on his legal culpability. "From the legal point of view I am innocent, and I intend to prove this," he told the court, which was packed with Western and OSCE diplomats, journalists, human rights activists and leaders of Kazakhstan's opposition parties. "Unfortunately, judging by what is happening, this accident is being used to persecute me," he added.

The defense says Zhovtis's right to a fair trial has already been violated by numerous infringements. One of the most serious alleged legal violations involves Zhovtis' status during the investigation. He originally figured as a witness, but on July 28 he was re-categorized as a manslaughter suspect. He was informed about the change of status only on August 14. This lag in notification, the defense argues, deprived him of his constitutional rights, and prevented him from becoming acquainted with the evidence gathered by the state. A defense bid to have the case dropped and a subsequent motion to change the judge were both rejected.

The crux of the case hinges on whether Zhovtis could have avoided hitting Moldabayev, who was walking in the middle of a dark highway at the time of the accident. An initial official report found that Zhovtis had no alcohol in his system. However, a second official finding found traces of alcohol, but well under the legal limit for intoxication.

Zhovtis says he could not have avoided hitting the victim, given the prevailing circumstances. He argued at length in court -- ultimately unsuccessfully -- to have a crucial document called the auto-technical expert conclusion thrown out as evidence on the grounds that the data it contained was spurious. The complicated set of speed and distance calculations purported to show that the accident was avoidable, but the defense argues that the data is unsubstantiated.

Zhovtis's testimony was backed by that of his three traveling companions, who were called as defense witnesses. Sergey Nagorniy, who was traveling in the front seat of the vehicle, said during his examination that "something appeared sharply from right to left ? and there was a blow."

"I definitely did not see a person," he added.

As prosecutor Altay Zhanibekov and Marat Kabulov, the lawyer representing the victim's family, attempted to find discrepancies in the defense witnesses' testimony, the atmosphere in court became charged. At times, audible, derisive comments were made by attendees in the public gallery. "Respect the court!" Judge Kulan Tolkunov barked at offenders. He stopped short of ejecting them, despite Kabulov's urgings.

Emotions spilled over when Kabulov sought to press Nagorniy on where Moldabayev had been on the highway and indulged in some unexpectedly lighthearted remarks about the location of the corpse. "You are saying terrible things," said a visibly shocked Nagorniy.

"I am not a toastmaster; I am a lawyer," riposted Kabulov, to the visible surprise of many in the public gallery. Kabulov followed up with a call on all present to show respect for the court. "It is you who is showing disrespect," called out Tolegen Zhukeyev, secretary general of the opposition Azat Party, from the public gallery, earning another reprimand from the judge. After Nagorniy's testimony, Moldabayev's mother left the courtroom assisted by a relative.

Manat Moldabayev, the elder brother of the deceased and the first to arrive at the scene of the crash, then testified, placing blame for the tragedy on Zhovtis.

Kabulov, the lawyer for the victim's family, indulged in flamboyant rhetoric on several occasions during the proceedings. For example, after Manat Moldabayev's testimony, the lawyer said; "I have come to defend the people whose blood has flowed!" The presiding judge at one point ordered Kabulov to tone down his remarks.

The trial is scheduled to continue on September 3. A verdict is possible on that day, some observers say. Zhovtis faces up to five years in prison if convicted.

A statement issued by Human Rights Watch on September 1 stressed the need for Zhovtis to receive a fair trial. "With [the] forthcoming OSCE chairmanship, now is an important time for Kazakhstan's authorities to show that they fully observe fair trial standards," Andrea Berg, Central Asia researcher at Human Rights Watch, said in remarks quoted in a press release.

Some local observers, however, doubt that Zhovtis will get a fair trial. "There is no chance of a fair trial," Petr Svoik, Azat party deputy chairman, told EurasiaNet during a short adjournment in the proceedings. "All the behavior of the court shows that some sort of order [on the verdict] exists."

Zhovtis's human rights work has earned him plenty of enemies, Svoik added. "[The order] is not from the very top," he suggested. "It is probably the leaders of law-enforcement bodies whose lives Zhovtis has spoiled and who have decided to take revenge."