Appeal date set for jailed journalist in Kazakhstan

Ibragim Alibekov: 2/24/03

Authorities in Kazakhstan have scheduled an appeal hearing for March 11 to review opposition journalist Sergei Duvanov's rape conviction. The case, which supporters say is politically motivated, is helping to fuel domestic political turbulence.

Duvanov's lawyers expect the appeal hearing to last a day or two, with a decision by the regional appeals court following shortly thereafter. Duvanov received a 3 ½-year prison term following his late January trial. [For background see the Eurasia Insight archives]. Foreign governments and international organizations, including the European Union and Organization for Security and Cooperation in Europe, have publicly expressed doubt that the opposition journalist received a fair hearing. [For additional information see the Eurasia Insight archive].

Yevgeny Zhovtis, who headed Duvanov's defense team, has asserted that state prosecutors failed to produce evidence to support their case. The appeals court ruling, Zhovtis added, will hinge on "the decision of one person" – President Nursultan Nazarbayev. [For background see the Eurasia Insight archive]. Presidential critics say Duvanov's arrest and prosecution was designed to silence opposition media reporting about a bribery scandal, known locally as Kazakhgate. [For additional information see the Eurasia Insight archives].

After his sentencing, Duvanov received support from an unexpected quarter – Dariga Nazarbayeva, the president's daughter. Nazarbayeva, speaking in her capacity as head of the Public Defense foundation, said she shared doubts about Duvanov's conviction. "The procedural violations which international experts have been pointing to makes one think whether the case was politically motivated," Nazarbayeva said in a statement released January 31.

Nazarbayeva went on to defend freedom of speech principles. "He [Duvanov] has exerted a lot of effort to discredit my family and relatives, not only in Kazakhstan but also in the eyes of the world community. But that is his right," she maintained.

Nazarbayeva, who also heads the influential Kabar television station, hinted that the president had no role in Duvanov's arrest and prosecution. She drew attention to the fact that security officials opened a criminal case against Duvanov last summer for writing articles that supposedly defamed the president's character. At the same time she implied that Nazarbayev did not feel threatened by the journalistic attack. "I am confident that the president was not in need of such defenders [last summer] and neither is he now," Nazarbayeva said.

Some political observers in Kazakhstan say the president's daughter's comments indicate that Nazarbayev may be seeking a way to release Duvanov in a way that saves political face. Others believe Nazarbayeva may be trying to distance herself from her father in an attempt to establish a distinct political profile.

One prominent opposition figure, Petr Svoik, suggested Nazarbayeva's maneuvering is indicative of a behind-the-scenes power struggle. There is speculation in opposition circles that President Nazarbayev is weary of dealing with mounting opposition activity and ongoing Kazakhgate bribery probes in Switzerland and New York. Some rumors have circulated that Nazarbayev might even decide to leave office before the end of his term, and call early elections.

Nazarbayev himself has provided no indication that he is contemplating early retirement. He likewise has maintained a tough stance in his dealings with domestic political opponents. Local observers will thus view the Duvanov appeal decision as an important gauge of the president's thinking.

Leaders of the country's main opposition movement, Democratic Choice of Kazakhstan, have sought to concurrently ease the confrontational mood with Nazarbayev, and to expand its support base in anticipation of a possible change in administrations.

In late January, DCK leaders quietly moderated the opposition movement's stance towards Nazarbayev, abandoning the slogan "Kazakhstan without Nazarbayev." In February, Tolen Tokhtasinov, the acting DCK leader, courted Russian politicians during a visit to Moscow. Tokhtasynov reportedly forged an information exchange and cooperation agreement with Boris Nemtsov, leader of Russia's Union of Right-Wing Forces.

"Russian authorities understand the necessity to build relations with tomorrow's Kazakhstan, i.e. with those forces that could reach power soon," Tokhtasynov said in interview with Commersant-Vlast magazine.

Meanwhile, Dariga Nazarbayeva's political popularity among Kazakhstani citizens is low, political analysts say. Just about the only way she could succeed her father is as part of a collective leadership team, analysts say.

Editor's Note: Ibragim Alibekov is the pseudonym for a Kazakhstani journalist.

Posted February 24, 2003 © Eurasianet