Kazakhstan
21.01.04
Urgent Interventions
Kazakhstan : Mr. Sergei Duvanov released on probation
URGENT APPEAL – THE OBSERVATORY
KAZ 001/0802/OBS 053.03
New information
Kazakhstan
20 January 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT), has been informed about new elements in the following situation in Kazakhstan.
New information:
The Observatory has been informed by Press Freedom and the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), that Mr. Sergei Duvanov, chief editor of the news bulletin “Human Rights in Kazakhstan and in the world” published by KIBHRL was released on probation after being imprisoned since October 2002.
On December 29, 2003, a court ruling ordered Mr. Duvanov’s release on probation from a penitential colony. However, Mr. Duvanov had to overcome a series of obstacles before being released. Under article 125 of the Penal Code, detainees in penitential colonies have an unlimited right to use phone and mail services, to receive visits and in some instances (with a special permission) the right to live and to work out of the colony under the supervision of the colony's administration. However, Mr. Duvanov was prohibited to use his mobile phone and beginning on January 5, he was denied visits for two weeks. Mr. Duvanov, whose health had deteriorated during his detention, also had difficulties getting admitted to the hospital. On January 13, a hospital that had admitted him the day before and had carry out all necessary exams, refused to admit him. Two other hospitals also denied him hospitalisation.
On January 15, 2004, after long negotiations between the KIBHRL and the colony's administration, as well as with the Chair of the Committee of National Security, Mr. Duvanov was finally allowed to return to his home in Almaty and resume his job at the International Bureau of Human Rights.
Background information:
Mr. Duvanov was arrested on October 28, 2002, on the day he was scheduled to depart for the United States to discuss the situation of human rights and democracy in Kazakhstan. On March 11, 2003, he was sentenced on appeal to three years and a half in prison, for the alleged rape of a minor.
Acording to Mr. Duvanov's lawyers, during the trial there were numerous procedural violations, which should have lead to the dismissal of the case. During the appeal case, international observers who had asked permission to attend the hearing were denied admittance at the time that the verdict was rendered.
On January 28, 2003, the Organization for Security and Cooperation (OSCE) also criticized the legal irregularities and lack of evidence supporting the charges and urged the appeal court to take account of these shortcomings when it considered the case. On February 13, 2003, the European Parliament passed a resolution demanding Mr. Duvanov's immediate release and voiced deep concern about the investigation, prosecution and sentence.
Mr. Duvanov was held in the Zarechnoye penitential colony, near Almaty. Between July and September 2003 his prison conditions deteriorated. According to the same sources “his notebooks and pens were confiscated; he stopped receiving parcels and letters from outside; his own letters did not arrive and he was unable to telephone, officially for technical reasons. On 5 September 2003, the prison authorities refused a member of his family the right to visit him.”
Mr Duvanov had already been the victim of numerous acts of intimidation, such as physical assault in August 2002, shortly before he was intending to travel to Warsaw to attend the OSCE's annual human rights conference where he had to intervene on the situation of human rights in Kazakhstan. In July 2002, legal proceedings were brought against him for articles written “infringing the honour and dignity of the President”. At the same time, his apartment and his office were searched by investigators and his computers and numerous papers were confiscated
The Observatory welcomes the release of Mr. Duvanov and wishes to thank the individuals and institutions that intervened on his behalf.
Paris, Geneva, 20 January 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH: +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax: OMCT: (+41 22) 809 49 39 / 809 49 29
E-mail: observatoire@iprolink.ch
KAZ 001/0802/OBS 053.03
New information
Kazakhstan
20 January 2004
The Observatory for the Protection of Human Rights Defenders, a joint program of the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT), has been informed about new elements in the following situation in Kazakhstan.
New information:
The Observatory has been informed by Press Freedom and the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), that Mr. Sergei Duvanov, chief editor of the news bulletin “Human Rights in Kazakhstan and in the world” published by KIBHRL was released on probation after being imprisoned since October 2002.
On December 29, 2003, a court ruling ordered Mr. Duvanov’s release on probation from a penitential colony. However, Mr. Duvanov had to overcome a series of obstacles before being released. Under article 125 of the Penal Code, detainees in penitential colonies have an unlimited right to use phone and mail services, to receive visits and in some instances (with a special permission) the right to live and to work out of the colony under the supervision of the colony's administration. However, Mr. Duvanov was prohibited to use his mobile phone and beginning on January 5, he was denied visits for two weeks. Mr. Duvanov, whose health had deteriorated during his detention, also had difficulties getting admitted to the hospital. On January 13, a hospital that had admitted him the day before and had carry out all necessary exams, refused to admit him. Two other hospitals also denied him hospitalisation.
On January 15, 2004, after long negotiations between the KIBHRL and the colony's administration, as well as with the Chair of the Committee of National Security, Mr. Duvanov was finally allowed to return to his home in Almaty and resume his job at the International Bureau of Human Rights.
Background information:
Mr. Duvanov was arrested on October 28, 2002, on the day he was scheduled to depart for the United States to discuss the situation of human rights and democracy in Kazakhstan. On March 11, 2003, he was sentenced on appeal to three years and a half in prison, for the alleged rape of a minor.
Acording to Mr. Duvanov's lawyers, during the trial there were numerous procedural violations, which should have lead to the dismissal of the case. During the appeal case, international observers who had asked permission to attend the hearing were denied admittance at the time that the verdict was rendered.
On January 28, 2003, the Organization for Security and Cooperation (OSCE) also criticized the legal irregularities and lack of evidence supporting the charges and urged the appeal court to take account of these shortcomings when it considered the case. On February 13, 2003, the European Parliament passed a resolution demanding Mr. Duvanov's immediate release and voiced deep concern about the investigation, prosecution and sentence.
Mr. Duvanov was held in the Zarechnoye penitential colony, near Almaty. Between July and September 2003 his prison conditions deteriorated. According to the same sources “his notebooks and pens were confiscated; he stopped receiving parcels and letters from outside; his own letters did not arrive and he was unable to telephone, officially for technical reasons. On 5 September 2003, the prison authorities refused a member of his family the right to visit him.”
Mr Duvanov had already been the victim of numerous acts of intimidation, such as physical assault in August 2002, shortly before he was intending to travel to Warsaw to attend the OSCE's annual human rights conference where he had to intervene on the situation of human rights in Kazakhstan. In July 2002, legal proceedings were brought against him for articles written “infringing the honour and dignity of the President”. At the same time, his apartment and his office were searched by investigators and his computers and numerous papers were confiscated
The Observatory welcomes the release of Mr. Duvanov and wishes to thank the individuals and institutions that intervened on his behalf.
Paris, Geneva, 20 January 2004
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH: +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax: OMCT: (+41 22) 809 49 39 / 809 49 29
E-mail: observatoire@iprolink.ch