Duvanov Defenders Document Official Violations in Criminal Investigation in Kazakhstan

Kazakhstani authorities detained Duvanov in late October and formally charged him with rape on November 7 Duvanov flatly denies the accusation, saying the government is attempting to gain revenge for investigative reports that he published concerning high-level corruption. [For background see the Eurasia Insight archives]. Soon after his detention, Duvanov launched a hunger strike that eventually prompted officials to force feed him. He gave up his hunger strike following the forced-feeding, but remains in weak condition, the Interfax-Kazakhstan news agency reported November 11.

According to a November 12 memorandum prepared by the Washington, DC,-based law firm Yablonski, Both & Edelman, which is assisting in Duvanov's legal defense, Kazakhstani authorities have repeatedly violated the defendant's rights. Among the more serious violations documented by the law firm are the alleged planting of evidence against Duvanov, the denial of the right to appeal the criminal investigator's findings and limited access to legal counsel. Duvanov's defenders also argue that his pre-trial detention is unwarranted.

"The circumstances surrounding the October 27 arrest and detention are most suspicious," said the law-firm's memorandum. "His arrest is clearly part of a campaign to discredit him."

In all, the memo documents eight major violations of Duvanov's rights. In one instance, the memo contends the state's senior investigator, identified as Col. G. Zhakupova, specified in her written findings that the alleged rape definitely occurred. "This pre-investigation