Observatory for the Protection of Human Rights Defenders Annual Report 2003 - Kazakhstan
| Publisher | International Federation for Human Rights |
| Publication Date | 14 April 2004 |
| Cite as | International Federation for Human Rights, Observatory for the Protection of Human Rights Defenders Annual Report 2003 - Kazakhstan, 14 April 2004, available at: https://www.refworld.org/docid/48747c8179.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Release of Mr. Sergei Duvanov34
Mr. Sergei Duvanov, editor-in-chief of the news bulletin Human Rights in Kazakhstan and the World, published by the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), was arrested in October 2002 as he was on his way to the United States for a conference on the human rights situation in Kazakhstan.35
Charged with the rape of a minor, Mr. Duvanov was sentenced to three and a half years imprisonment (based on article 20-2 of the Criminal Code) by the Karasai district court on 28th January 2003. A few days before the verdict, Mr. Duvanov had dismissed his lawyers and denounced the judges blatant lack of independence. He appealed against his conviction.
On 28th January 2003, the OSCE criticized irregularities in the trial and the lack of prosecution evidence. They requested that the Court of Appeal should take account of these omissions when giving its verdict. Moreover, the European Parliament, in a resolution dated 13th February 2003, demanded Mr. Duvanov's immediate release.
On 11th March, the Court of Appeal upheld the verdict of the Karasai district court and confirmed Mr. Duvanov's sentence. International observers sent to attend the trail were refused access while the verdict was announced.
Mr. Duvanov was released on probation on 29th December 2003, having served two thirds of his sentence and without having been proved guilty. He was admitted the same day to the Almaty penal colony.
Kazakh penal colonies come under article 125 of the Criminal Code, and constitute a form of incarceration less strict than prison. Detainees are not locked up nor kept under guard and may move freely around the colony during the day. They may also take up a job outside the colony, or even live with their families inside the colony if permitted to do so by the penal administration. On condition that they register with the administration at least four times a month, they may be given the right to reside outside the colony. In addition, detainees can receive unlimited parcels and visits.
On 29th December, at the time of Mr. Duvanov's release, his colleagues at KIBHRL had prepared all the necessary paperwork to obtain the administration's permission for him to live outside, especially in view of his poor state of health, and to resume his activities with KIBHRL. This permission was, however, refused. Moreover, in total violation of the colony's own rules, Mr. Duvanov was forbidden to use his mobile phone, and was allowed no visits whatsoever between 5th January and 12th January.
On 12th January 2004, with his health worsening, Mr. Duvanov asked to be admitted to hospital for treatment. When the wardens of the colony took him to hospital in Almaty, a doctor asked him to return the next day, because there were no free beds. As soon as he returned to the colony, Mr. Duvanov was met by an officer of the National Security Committee (KNB), who informed him that charges laid against him in July 2002 for attacking the dignity of the president36 had been dropped.
On 13th January, he was getting ready to go back to the hospital when he was forbidden by the administration to leave the colony. In the face of protests from members of KIBHRL, this prohibition was finally lifted. No hospital in Almaty would agree to treat him, however, due to orders from the authorities. Mr. Evgeny Zhovtis, a member of KIBHRL and Mr. Duvanov's lawyer, immediately contacted the KNB, who said that they knew nothing about it and that they respected Mr. Duvanov's work. Mr. Duvanov, on his return to the colony, announced his intention of embarking on a hunger strike.
On the evening of 14th January, after Mr. Duvanov had again been refused permission to receive visits, the authorities announced his release. Mr. Duvanov was able to leave the colony on 15th January and resume his work at KIBHRL. He will have to register with the penal administration four times a month.
[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]
34. See Urgent Appeal KAZ 001/0802/OBS 053.02.
35. See Annual Report 2002.
36. Idem.
