Kazakhstan
21.01.03
Urgent Interventions
Kazakhstan: ill-treatment and unfair trial against children
Case KAZ 210103.CC
CHILD CONCERN
Torture and other cruel, inhuman or degrading treatment or punishment / Due process including fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Kazakhstan.
Brief description of the situation:
The International Secretariat of OMCT has been informed by a reliable source that three children, Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov, have been criminally convicted following proceedings affected by several violations of children human rights, and in particular resort to harassment, death threats, torture and other forms of ill-treatment.
Robert Molozhavskii, born 27 July 1986, is in detention since 7 June 2001. On 17 October 2002, the boy has been found guilty of repeated extortions carried out in groups with premeditation and sentenced by the Court n°2 based in the town of Shymkent in Kazakhstan to three years of imprisonment in a penitentiary institution. The sentence was confirmed by the appeal Court on 7 January 2003.
According to the information received, Robert Molozhavskii was ill-treated while in detention: at the time of his arrest, Robert was 14 and was reportedly beaten in the groin, on the neck and on his legs. Two police officers, Myrzabecov and Kasymov, then brought the boy in their office based in the Regional Division of internal affairs and hit him on the back and head, and reportedly bent his fingers. Robert was then again ill-treated during the investigation by the same agents.
The source of information reports that Robert Molozhavskii was interrogated by the examining magistrate Mousambekov and was brought to sign a statement in the absence of a lawyer and of his legal representatives. Robert Molozhavskii, who was arrested on 7 June 2001, thus had access to his lawyer only on 16 July 2001, and to his mother, as his legal representative, on 17 July 2001. These facts have been reportedly brought to the attention of the prosecution and the Court but were allegedly not taken into consideration during the investigation.
In addition, S. Musaev, the detained boy’s lawyer, did not access to several stages of the proceedings, in particular he did not assist to the indictment of the boy or to certain coercive measures, although his signature was appointed at the end of the minutes related to these stages. The Centre for forensic examination of the Ministry of Justice of Kazakhstan has however established that the signature was forged.
Dauren Sherimbetov, born on 3 October 1985, has reportedly also been found guilty of repeated extortions carried out in groups with premeditation and sentenced by the Court n°2 based in the town of Shymkent in Kazakhstan to three years of imprisonment in a penitentiary institution. The sentence was confirmed by the appeal Court on 7 January 2003.
According to the information received, Dauren was interrogated by the examining magistrate Mousambekov in the absence of a lawyer and of his legal representatives.
During the trial, Dauren Sherimbetov reportedly declared that he had been forced to make false statements under threat. Furthermore, he allegedly explained the circumstances surrounding these threats and indicated the names of those responsible. Still, the Court didn’t take these declarations into account before pronouncing its judgement.
Nurken Zhunisov, born in 1985, was arrested on 4 March 2002 by the Division n°2 of the Shymkent’s police. Nurken’s mother was informed of her son’s arrest on the next day and was only authorised to see him on 7 March. When they met, Nurken reportedly told his mother that he was forced under death threats to sign statements confessing his guilt.
According to the information received, Nurken Zhunisov, while in Shimkent’s centre for preventive detention (SIZO-3), was visited by the examining magistrate of Division n°1, asking him to assume the responsibility for crimes which were until now not resolved. After having refused to do so, he was reportedly severely beaten.
For the time being, no investigation has been launched into the above-mentioned cases relating to the allegations of threats, torture and other forms of ill-treatment, and violations of judicial guarantees.
The International Secretariat of OMCT is strongly preoccupied by the attitude of the judicial authorities of Kazakhstan, in particular concerning the situation of Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov. OMCT condemns the Kazakh authorities’ use of harassment, death threats, ill-treatment and torture. OMCT also condemns the violations of the three boys’ judicial guarantees. In particular, OMCT wishes to recall that Kazakhstan is a State party to the Convention on the Rights of the Child, which establishes the following rules:
Art. 37 (a): “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
Art. 37 (c): “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty (…) shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances”.
Art. 37 (d): “Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance (…)”.
Art. 40 par. 1: “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.
Art. 40 par. 2 (b): “ States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (…)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;”
Action requested:
Please write to the authorities in Kazakhstan urging them to:
i. guarantee an immediate investigation into the alleged acts of torture and other cruel, inhuman and degrading treatment on Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee that a new fair trial by a competent, independent and impartial judicial body according to the law be opened whereby all their procedural rights be guaranteed, in particular their right to have legal or other appropriate assistance in the preparation and presentation of their defence;
iii. ensure physical and psychological integrity of the three detained boys;
iv. ensure the children’s right to maintain contact with their families through correspondence and visits;
v. guarantee respect of human rights and fundamental freedoms in compliance with national laws and international standards, and particularly with the articles 37 and 40 of the Convention on the Rights of the Child.
Addresses:
· Administration of the President of the Republic of Kazakhstan, 473000 Astana, Beibitshilik 11, Fax: 007 / 3172 /32 61 82, e-mail: aprk@global.kz
· Office of Prime Minister of the Republic of Kazakhstan, Prime Minister: Imangali TASMAGAMBETO, 473000 Astana, Beibitshilik 11, Fax: 007 / 3172 / 32 40 89, e-mail Protocol: kudekova@global.kz
· Ministry of Internal Affairs of the Republic of Kazakhstan, Minister: Kairbek SULEIMENOV, 473000 Astana, Manasa 4, Fax: 007 / 3172 / 37 17 38, Tel./fax: 007 / 3172 / 37 36 01
Please also write to the embassies of Kazakhstan in your respective country.
Geneva, 21 January, 2002
Please inform us of any action undertaken in connection with this case, quoting the code of this appeal in your reply.
CHILD CONCERN
Torture and other cruel, inhuman or degrading treatment or punishment / Due process including fair trial
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Kazakhstan.
Brief description of the situation:
The International Secretariat of OMCT has been informed by a reliable source that three children, Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov, have been criminally convicted following proceedings affected by several violations of children human rights, and in particular resort to harassment, death threats, torture and other forms of ill-treatment.
Robert Molozhavskii, born 27 July 1986, is in detention since 7 June 2001. On 17 October 2002, the boy has been found guilty of repeated extortions carried out in groups with premeditation and sentenced by the Court n°2 based in the town of Shymkent in Kazakhstan to three years of imprisonment in a penitentiary institution. The sentence was confirmed by the appeal Court on 7 January 2003.
According to the information received, Robert Molozhavskii was ill-treated while in detention: at the time of his arrest, Robert was 14 and was reportedly beaten in the groin, on the neck and on his legs. Two police officers, Myrzabecov and Kasymov, then brought the boy in their office based in the Regional Division of internal affairs and hit him on the back and head, and reportedly bent his fingers. Robert was then again ill-treated during the investigation by the same agents.
The source of information reports that Robert Molozhavskii was interrogated by the examining magistrate Mousambekov and was brought to sign a statement in the absence of a lawyer and of his legal representatives. Robert Molozhavskii, who was arrested on 7 June 2001, thus had access to his lawyer only on 16 July 2001, and to his mother, as his legal representative, on 17 July 2001. These facts have been reportedly brought to the attention of the prosecution and the Court but were allegedly not taken into consideration during the investigation.
In addition, S. Musaev, the detained boy’s lawyer, did not access to several stages of the proceedings, in particular he did not assist to the indictment of the boy or to certain coercive measures, although his signature was appointed at the end of the minutes related to these stages. The Centre for forensic examination of the Ministry of Justice of Kazakhstan has however established that the signature was forged.
Dauren Sherimbetov, born on 3 October 1985, has reportedly also been found guilty of repeated extortions carried out in groups with premeditation and sentenced by the Court n°2 based in the town of Shymkent in Kazakhstan to three years of imprisonment in a penitentiary institution. The sentence was confirmed by the appeal Court on 7 January 2003.
According to the information received, Dauren was interrogated by the examining magistrate Mousambekov in the absence of a lawyer and of his legal representatives.
During the trial, Dauren Sherimbetov reportedly declared that he had been forced to make false statements under threat. Furthermore, he allegedly explained the circumstances surrounding these threats and indicated the names of those responsible. Still, the Court didn’t take these declarations into account before pronouncing its judgement.
Nurken Zhunisov, born in 1985, was arrested on 4 March 2002 by the Division n°2 of the Shymkent’s police. Nurken’s mother was informed of her son’s arrest on the next day and was only authorised to see him on 7 March. When they met, Nurken reportedly told his mother that he was forced under death threats to sign statements confessing his guilt.
According to the information received, Nurken Zhunisov, while in Shimkent’s centre for preventive detention (SIZO-3), was visited by the examining magistrate of Division n°1, asking him to assume the responsibility for crimes which were until now not resolved. After having refused to do so, he was reportedly severely beaten.
For the time being, no investigation has been launched into the above-mentioned cases relating to the allegations of threats, torture and other forms of ill-treatment, and violations of judicial guarantees.
The International Secretariat of OMCT is strongly preoccupied by the attitude of the judicial authorities of Kazakhstan, in particular concerning the situation of Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov. OMCT condemns the Kazakh authorities’ use of harassment, death threats, ill-treatment and torture. OMCT also condemns the violations of the three boys’ judicial guarantees. In particular, OMCT wishes to recall that Kazakhstan is a State party to the Convention on the Rights of the Child, which establishes the following rules:
Art. 37 (a): “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
Art. 37 (c): “Every child deprived of liberty shall be treated with humanity and respect for the inherent dignity of the human person, and in a manner which takes into account the needs of persons of his or her age. In particular, every child deprived of liberty (…) shall have the right to maintain contact with his or her family through correspondence and visits, save in exceptional circumstances”.
Art. 37 (d): “Every child deprived of his or her liberty shall have the right to prompt access to legal and other appropriate assistance (…)”.
Art. 40 par. 1: “States Parties recognize the right of every child alleged as, accused of, or recognized as having infringed the penal law to be treated in a manner consistent with the promotion of the child's sense of dignity and worth, which reinforces the child's respect for the human rights and fundamental freedoms of others and which takes into account the child's age and the desirability of promoting the child's reintegration and the child's assuming a constructive role in society”.
Art. 40 par. 2 (b): “ States Parties shall, in particular, ensure that every child alleged as or accused of having infringed the penal law has at least the following guarantees:
(i) To be presumed innocent until proven guilty according to law; (…)
(iii) To have the matter determined without delay by a competent, independent and impartial authority or judicial body in a fair hearing according to law, in the presence of legal or other appropriate assistance and, unless it is considered not to be in the best interest of the child, in particular, taking into account his or her age or situation, his or her parents or legal guardians;
(iv) Not to be compelled to give testimony or to confess guilt;”
Action requested:
Please write to the authorities in Kazakhstan urging them to:
i. guarantee an immediate investigation into the alleged acts of torture and other cruel, inhuman and degrading treatment on Robert Molozhavskii, Dauren Sherimbetov and Nurken Zhunisov, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
ii. guarantee that a new fair trial by a competent, independent and impartial judicial body according to the law be opened whereby all their procedural rights be guaranteed, in particular their right to have legal or other appropriate assistance in the preparation and presentation of their defence;
iii. ensure physical and psychological integrity of the three detained boys;
iv. ensure the children’s right to maintain contact with their families through correspondence and visits;
v. guarantee respect of human rights and fundamental freedoms in compliance with national laws and international standards, and particularly with the articles 37 and 40 of the Convention on the Rights of the Child.
Addresses:
· Administration of the President of the Republic of Kazakhstan, 473000 Astana, Beibitshilik 11, Fax: 007 / 3172 /32 61 82, e-mail: aprk@global.kz
· Office of Prime Minister of the Republic of Kazakhstan, Prime Minister: Imangali TASMAGAMBETO, 473000 Astana, Beibitshilik 11, Fax: 007 / 3172 / 32 40 89, e-mail Protocol: kudekova@global.kz
· Ministry of Internal Affairs of the Republic of Kazakhstan, Minister: Kairbek SULEIMENOV, 473000 Astana, Manasa 4, Fax: 007 / 3172 / 37 17 38, Tel./fax: 007 / 3172 / 37 36 01
Please also write to the embassies of Kazakhstan in your respective country.
Geneva, 21 January, 2002
Please inform us of any action undertaken in connection with this case, quoting the code of this appeal in your reply.