From: Justin Burke (JBurke@sorosny.org)
Date: Wed Jul 03 2002 - 10:19:08 EDT
KAZAKHSTAN INTERNATIONAL BUREAU FOR HUMAN RIGHTS AND RULE OF LAW
50-51 Suite, 35/37 Gogol Str., Almaty 480002, Kazakhstan; tel/fax: (+327-2) 639461;
e-mail: omaz@omaz.almaty.kz
"HUMAN RIGHTS IN KAZAKHSTAN"
Date: June 24, 2002
Court persecution of Mukhtar Ablyazov and Galymzhan Zhakiyanov
Chronicle of events
(first edition)
On 24 of January 2002, Supreme Court in Astana opened law proceeding against
Mukhtar Ablyazov. Mukhtar Ablyazov is one of the leaders of opposition Democratic
Choice of Kazakhstan, a well-known businessperson and an ex Minister of Energy,
Industry and Trade. He is charged with abuse of powers and illegal participation in
business activity.
Human rights activists and representatives of democratic community believe that
persecution of Mukhtar Ablyazov and Galymzhan Zhakiyanov is clearly politically
motivated. The criminal charges against them are based on a desire to punish them
for their opposition activity and "disloyalty" to the ruling regime (see the
information below).
As we believe that these court proceedings in Astana are politically motivated and
that both law-enforcement agencies and courts are under full control of the ruling
elite, we seriously doubt that the investigation has been objective and the trial
is going to be fair and impartial.
The Kazakhstan International Bureau for Human Rights and Rule of Law will observe
the trial, inform the local and foreign community about the violations during the
proceeding and give its opinion on the process.
The trial started at 10 AM on 24 of June. Several days before the Chairman of the
Supreme Court of Kazakhstan Kayrat Mami stated that it is going to be an open
hearing. Nevertheless, the police closed the entrance to the Supreme Court's
building and the street in front of the building. Police units were deployed in
front of the building and at its corners.
Access to the building was restricted to those that were on the list. Nobody could
say who compiled it and on what grounds persons were included in this list. First
police admitted to the building participants of the proceeding, relatives of the
defendant and Members of Parliament. Then police officers allowed in the
journalists on the basis if some "list of accreditation at the process". This list
excluded representatives of independent media: "Tan", "Irbis" and "Era" TV
companies, although the journalists had all the necessary documents. Police
justified the limitation of access to the process by the fact that the courtroom
could fit in only from 60 to 70 people. However, it is known that the building of
Supreme Court has another courtroom that is much bigger in size.
The defense team had to negotiate with the heads of the Supreme Court that finally
gave an order to allow eight persons, representatives of the Democratic Choice of
Kazakhstan (DCK) and head office of the Kazakhstan International Bureau for Human
Rights, to enter the courtroom.
Notably, those entering the Supreme Court building had to go through a metal
detector and had to leave all of their belongings (bags and Dictaphones) at the
entrance.
After opening the meeting, the judge Shaukharov had declined petition of the
defense that to permit video or at least audiotaping at the courtroom.
One of the prosecutors, when reacting to the defense's petition on changing the
measure of restriction from arrest to bail, had infringed on the presumption of
innocence stating that Ablyazov "committed a number of crimes" and thus should stay
under arrest. The defendant protested, "It is only up to the court to decide
whether I committed crimes or not". The audience of about 50 people applauded his
words.
In accordance with the acting criminal-procedural legislation, defense lawyers had
applied for admittance of defenders from DCK (six leaders of the movement including
Members of Parliament). The judge offered to choose only one person out of these
six. As a result, only Tolen Tokhtasynov, the MP, was allowed to act as a defender.
There are 47 witnesses on the case and the court plans to hear them all in the
course of one week.
According to one of the lawyers of the ex-minister, Ablyazov could face up to eight
years in jail with confiscation of property.
On 24 of January, in Moscow the Club of Supporters of Democratic Choice of
Kazakhstan with participation of Amnesty International and Memorial human rights
organization organized a picket to support Ablyazov and Zhakiyanov.
Background information. The Committee on National Security of Kazakhstan instigated
criminal proceedings against Ablyazov in 1999. The son-in-law of the President
Nazarbaev, Rakhat Aliyev was at the time one of the heads of the Committee.
In September 2001, that case was closed "due to absence of corpus delicti".
Ablyazov received a letter with apologies from the national security agencies.
In October 2001, a number of well-known public figures, including Ablyazov, akim
(governor) of Pavlodar region Galymzhan Zhakiyanov, vice prime-minister Uraz
Dzhandosov, Minister Alikhan Baimenov, Members of Majilis (lower chamber of
Parliament) Bulat Abilov and Tolen Tokhtasynov, announced creation of the
republican people's association Democratic Choice of Kazakhstan and declare the
necessity for the thorough political reform.
In course of a month, all of the persons that signed the declaration either resign
or are sacked from governmental positions.
In December criminal proceeding are again brought against Ablyazov. This time it
is the financial police that files the charges.
The same month criminal cases are instigated against ex deputies of the ex akim
Zhakiyanov.
In January 2002, DCK calls a meeting and presents its political platform. Ablyazov
and Zhakiyanov take an active part in this meeting.
DCK holds its first general conference in February and leaders of almost all of the
democratic parties and unions of the country form the Political Council of DCK.
The same month law-enforcement agencies choose written undertaking not to leave a
place as a measure of restriction for Ablyazov. Following government orders all of
the state's fiscal and control agencies start the massive check up of all of the
companies that have anything to do with Ablyazov. The check up and auditing are
still in process.
In March, favorable of Ablyazov "The Globe/Vremya PO" and "Delovoye Obozrenie
Respublika" publish the text of the request for the inquiry in so-called "Swiss
accounts" allegedly owned by the President Nazarbaev, his relatives and close
friends. Members of Parliament signed the request.
On 27 of March, financial police arrests Ablyazov.
The same day Almaty court issues a decision on immediate suspension of activity of
"The Globe" and "Delovoe Obozrenie Respublika" for the failure to indicate
information concerning newspaper's circulation on the cover-page in the several
issues of the newspaper for the previous year.
The same day the court suspended for two months the activity of TAN TV company that
also was connected to Ablyazov. After eight check ups conducted by the different
state agencies in two weeks, authorities found that TAN "failed to comply with
sanitary norms".
The night of the same day the "unidentified plotters" damage the transmitting
equipment of the TAN company installed on the roof of building of the State
Archive. The building is routinely guarded by the police. From that night
transmission is no longer possible.
On 28 of March, Zhakiyanov holds an urgent meeting of DCK Political Council in
Almaty. He is elected chairman. Meeting's participants sign a number of political
statements and decide to set up a press-club of the DCK.
At 2 AM on 29 of March (the very next night) police officers come to the hotel
Astana where Zhakiyanov is staying. Majors and captains of Almaty police say that
they are "controlling the passport regime".
29 of March (around 4 AM) "unidentified plotters" shoot the feeder (transmission
cable) of TAN TV company from sniper rifles (fragments of bullets are found). The
feeder was located at the TV-tower, that is also supposed to be guarded by police.
29 of March (8 AM) head of Almaty police General Kasymov and first deputy city
prosecutor of Mamytov together with the special police units dressed in
bullet-proof vests and wearing Kalashnikov's rifles come to hotel Astana with a new
version of why they are looking for Zhakyanov. They say that they need to meet
Zhakiyanov urgently in order to give him "an interpretation of a law" explaining
why it is not possible to hold a mass-meeting planned on 30-th of March.
The same morning (10 AM) Zhakiyanov left the hotel in the embassy car of the
Embassy of France.
The same day authorities say that criminal proceedings are instigated against
Zhakiyanov and prosecutor sanctions his arrest because "Zhakiyanov failed to appear
at the interrogation session".
On 29 of March, police and security service officers surround the Embassy of
France. Zhakiyanov is inside the building. The standstill continued for 5 days -
until the 4th of April. During the same period police beat up the journalists from
Irbis and TAN TV companies. Camera was broken and the tape confiscated. In Astana
the Era TV company, that retranslated the newsblocks produced by TAN, is taken off
the air.
On 4-5 of April, Zhakiyanov leaves the French Embassy and is taken under the home
arrest in Almaty in accordance with the special memorandum signed by the
ambassadors of France, Germany and UK on one side and the Ministry of Foreign
Affairs of Kazakhstan on other side.
The brief period of silence ends on 9th of April (from 7th to 9th of April, Eurasia
Economic Summit takes place in Almaty). Near the Regent hotel police detains
participants of the picket for the support of Ablyazov and Zhakiyanov.
On 10th of April (8AM) police officers burst into the house where Zhakiyanov is
detained under the home arrest. They take Zhakiyanov on board of the military
transport plane that goes to Pavlodar. Zhakiyanov is placed into the barrack at the
territory of private company Pavlodarsol. Neither European ambassadors that signed
the memorandum nor lawyers of Zhakiyanov are notified about his whereabouts.
Since 10th of April, police keeps Zhakiyanov in custody in Pavlodar in violation of
the memorandum signed by Kazakhstan's government and ambassadors of France, UK and
Germany.
Starting from 12th of May Zhakiyanov's health seriously deteriorated. However, the
investigator Galym Kusainov continued interrogations. As a result, on 18th of May
Zhakiyanov is taken to a reanimation ward of the Pavlodar hospital with a heart
attack.
Since that day, he is still in the hospital. Investigator Kusainov continues his
visits to the reanimation ward and interrogations of Zhakiyanov, despite the
serious health condition of the accused. One of the doctors stated that considering
repeated interrogations of the patient, she could not guarantee Zhakiyanov's
well-being or even his survival.
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