Kazakhstan's Democratic Forces Forum

Wohllebengasse 9/12, 1040 Vienna
Tel: + 43 1 503 39 30
Fax: +43 1 503 39 20 / 24
E-mail: greece.osce@chello.at

EU Statement on the case of Sergei Duvanov

The European Union has previously expressed concern about the series of incidents in Kazakhstan involving opposition journalist Sergei Duvanov and has called for a thorough and objective investigation of the rape charges brought against him.

The EU welcomes the openness displayed by the Kazakh authorities in inviting international observers to the trial of Mr. Duvanov. Nevertheless, we are seriously concerned that a guilty verdict was handed down to Mr. Duvanov on January 28, given that international observers of the trial have pointed to significant flaws in the conduct of both the investigations and the trial. These flaws, which were apparently not taken into account by the judge, include inconsistencies in testimonies of witnesses, lack of time for the defence to review the case and restrictions on Mr. Duvanov’s right to private consultations with his lawyers. The EU has noted Mr. Duvanov's dismissal of his defence lawyers, which was apparently based on his conviction that that court’s decision would be dependent on political factors.

Indeed, President Nazarbaev has been quoted as saying that Mr. Duvanov’s guilt had been proven already before the trial against him began. The series of incidents involving Mr. Duvanov, which the EU pointed to in its statement in the Permanent Council on November 7 2002, has led some observers to believe that a pattern of intimidation against Mr. Duvanov exists.

Ensuring that judicial processes can be conducted freely and fairly, without political interference, is of utmost importance for establishing full trust in the rule of law. The EU calls on the Appeals Court to carefully review these and other alleged procedural violations and the accusations against Mr. Duvanov.

We request the Kazakh delegation to provide more information about the conduct of the trial and the appeals process.

The Acceding Countries Cyprus, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, the Slovak Republic and Slovenia and the Associated Countries Bulgaria and Romania align themselves with this statement.