Prosecutors in Kazakhstan outline case as rape trial of opposition journalist opens

1/10/03

Prosecutors in Kazakhstan are outlining their case against a prominent opposition journalist standing trial on charges of raping a teenage girl. Defense lawyers maintain that the case is politically motivated. Meanwhile, international observers have noted that mass media coverage and the general public have been barred from the proceedings.

The examination of witnesses in the trial of Sergei Duvanov began January 6 at the Karasay District Court in Almaty. Duvanov is accused of raping a 14-year-old girl in late October, a charge the journalist vigorously denies. His supporters maintain that he is being prosecuted in retaliation for articles that shed light on a corruption scandal allegedly involving President Nursultan Nazarbayev's administration. [For additional information see the Eurasia Insight archive].

The first witness called by the prosecution was the alleged 14-year-old victim, who faced questioning from both the prosecution and defense. After the first day of testimony, lead defense lawyer Yevgeny Zhovtis, head of the Kazakhstan International Bureau for Human Rights and the Rule of Law, expressed satisfaction with the way the proceeding was going.

"One should give credit to the court; it strictly followed the law on criminal procedures and did not limit the time of interrogation," the Interfax-Kazakhstan news agency quoted Zhovtis as saying.

"We confirmed those points we needed to confirm and cast doubt on those points that needed to have doubt cast upon them," Zhovtis continued. "The case is complicated. There is some air of it being staged, and we may manage to prove something."

On January 9, Duvanov refused to answer questions after complaining that he had not been allowed to properly consult his defense team in private. Prior to the opening of the trial that day, the presiding judge gave Duvanov a half-hour to huddle with his lawyers. However, the judge said the consultation would have to take place in the courtroom, in the presence of prosecutors and court officers.

International observers have expressed concern about certain aspects of the trial. A report prepared by the OSCE's Office for Democratic Institutions and Human Rights (ODIHR) expressed concern over "troubling" reports that Kazakhstani officials had initially not provided defense lawyers sufficient access to key document relating to the state's case against Duvanov.

Duvanov supporters have also complained about the presiding judge's refusal to allow journalists to cover the first days of the trial. The only people admitted to the court not directly connected with either the prosecution or defense were foreigners, according to the Panorama newspaper. Among those observing the proceedings were diplomats from the United States, the Netherlands and the OSCE.

Posted January 10, 2003 © Eurasianet