Human Rights:
DUVANOV DEFENDERS DOCUMENT OFFICIAL VIOLATIONS IN CRIMINAL INVESTIGATION IN KAZAKHSTAN
11/13/02

Lawyers defending a prominent Kazakhstani opposition journalist accused of raping a 14-year-old girl have detailed several serious procedural violations committed by officials during the course of the criminal investigation. The violations, supporters of jailed journalist Sergei Duvanov contend, provide additional evidence that Duvanov’s prosecution is politically motivated and designed to silence government opponents.

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 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 ‘determination’ violates the fundamental principle of criminal law that requires an unbiased and fair investigation that should proceed from a ‘presumption of innocence,’” the memo states.

Authorities also denied defense requests that scientific tests be conducted at the alleged crime scene, the memo asserted. Instead, investigators went to the crime scene and planted a note “with personal details of the complaintant,” according to the memo. The planted note was found during the subsequent execution of a search warrant, it added.

“Under Kazakhstani Criminal Code Article 232, a search warrant must specify the items to be searched for,” the memo stated. “The planted note was not specified in any such warrant. Accordingly, the seizure of the planted note was a gross violation of Article 232.”

The memo also says Duvanov was not allowed to consult with an attorney for nine hours after being taken into custody, even though “his attorneys arrived at the detention center within the first hour after his arrest, and insisted on meeting with their client.” In addition, the memo asserts Duvanov’s legal team was not afforded a proper opportunity to challenge the criminal investigation’s findings.

Meanwhile, Duvanov’s friends and family are concerned about the state of his health following his hunger strike. “He needs medical attention,” Duvanov’s daughter, Dinissa, told EurasiaNet in a telephone interview. “We are concerned that the forced feeding was carried out with excessive force. It was a form of torture.”

Dinissa Duvanova was in Washington, DC, on November 13 to raise awareness about her father’s case among US legislators and diplomats. She expressed dissatisfaction about her meeting with State Department officials, characterizing the US diplomatic response as “very cautious.” The State Department has issued a statement expressing concern about the Kazakhstani government’s crack down against its critics. It also has called for due process to be scrupulously observed in Duvanov’s case.

On November 12, a European Union statement voiced concern that a “political pretext” served as the basis for the Duvanov case. Like the United States, the EU called for a “transparent and objective” investigation. Such calls for a fair trial are an ineffective way of exerting pressure on the Kazakhstani government, Duvanova said. She added: “The only thing that can save my father is internal pressure in Kazakhstan.”

Protests on behalf of Duvanov are continuing in Kazakhstan. Authorities have acted swiftly to discourage public expression of solidarity with the jailed journalist. Radio Free Europe/Radio Liberty reported that over the past week at least 40 Duvanov supporters, mainly independent journalists and opposition political activists, had been arrested. Three of the protesters had received jail sentences of up to four days, and a dozen had been fined.

In addition to street protests, prominent human rights activists and opposition politicians have been conducting solidarity hunger strikes.

To evade government restrictions on public protest, Duvanov supporters on November 12 started gathering at busy points around Almaty and walking around with umbrellas with Duvanov’s name inscribed on them. “We have invented a new form of political protest –walking with umbrellas, which is not banned by legislation, to make sure that those who want to express solidarity with Duvanov do not get into trouble,” Rozlana Taukina, an independent media advocate and protest organizer, told Interfax-Kazakhstan.