Kazakhstan
11.11.02
Urgent Interventions

Kazakhstan: Arbitrary arrest of a human rights defender

URGENT APPEAL - THE OBSERVATORY

New information
KAZ 001/0802/OBS 053.01
Arbitrary arrest
Kazakhstan
8 November 2002

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), requests your urgent intervention in the following situation in Kazakhstan.

New information

The Observatory has been informed that Mr. Sergei Duvanov, chief editor of the news bulletin "Human rights in Kazakhstan and in the world" published by the Kazakhstan-based International Bureau for Human Rights and the Rule of Law (KIBHRL), was taken into custody on 28 October on allegations of rape and was officially charged on 6 November 2002.

Since 29 October, Mr. Duvanov has been on hunger strike to protest again his detention. According to his lawyers, his health condition is drastically deteriorating.

This arrest occurs just before Mr. Duvanov has planed trips abroad to discuss publicly the human rights situation in Kazakhstan.

Moreover the Observatory underlines that this fact takes place in a context of increasing threats, intimidation and violence against journalists, in particular those who investigate and denounce corruption cases.

The Observatory is very concerned for Mr. Duvanov’s physical and psychological integrity and has all the reasons to think that the charges brought against him are arbitrary since they seem to be aimed at dissuading him from undertaking his activities in favour of the defence of human rights.

Background information

Mr. Duvanov has already been victim of numerous acts of intimidation.
On 28 August 2002, Mr. Sergey Duvanov, was attacked and severely beaten by three unidentified persons in front of his home in Almaty. The attack took place shortly before Mr. Duvanov was scheduled to travel to Warsaw to attend the Organisation for Security and Cooperation in Europe’s annual human rights conference where he had to intervene on the situation of human rights in Kazakhstan.
A judicial investigation has been opened into his physical assault.
On 9 July, Mr. Duvanov, who also writes for opposition web sites, was summoned to the Almaty office of the National Security Committee (KNB) and informed that a criminal case had been brought against him by the General Prosecutor's Office for "infringing the honour and dignity of the President".
These legal proceedings are linked to one of his articles dated 6 May and entitled "Silence of the Lambs" related to corruption issues involving the Kazakh President and his associates.


Actions requested:

Please write to the Kazakh authorities urging them to:

i. Immediately release Mr. Duvanov;
ii. Ensure the independence of the judiciary in the examination of the charges against Mr. Duvanov, so that they be dropped since they seem to have been aimed at sanctioning his freedom of expression and are as such arbitrary;

iii. Guarantee the security and physical integrity of Mr. Sergei Duvanov in all circumstances, as well as all other members of civil society, who are trying to promote freedom of expression and democracy in Kazakhstan;

iv. Put an end to all forms of harassment and violence against Human Rights Defenders and ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9, 1998 in particular its article 6.b, which provides that "everyone has the right, individually and in association with others, freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms" and article 12.2: "The State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present declaration.";

v. Guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by Kazakhstan.

Addresses:

Administration of the President of the Republic of Kazakhstan
Address: 473000 Astana, Beibitshilik 11
Fax: 007 / 3172 /32 61 82, e-mail: aprk@global.kz

Office of Prime Minister of the Republic of Kazakhstan
Prime Minister: Imangali TASMAGAMBETOV
Address: 473000 Astana, Beibitshilik 11
Fax: 007 / 3172 / 32 40 89, e-mail Protocol: kudekova@global.kz

Ministry of Internal Affairs of the Republic of Kazakhstan,
Minister: Kairbek SULEIMENOV
Address: 473000 Astana, Manasa 4
Fax: 007 / 3172 / 37 17 38, Tel./fax: 007 / 3172 / 37 36 01

Paris, Geneva, 8 November 2002

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.
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

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in time of need.

To Contact the Observatory, call The Emergency Line:
Tel: FIDH: 33 (0) 1 48 05 82 46 ; OMCT: 41 (0) 22 809 49 39
E-mail: observatoire@iprolink.ch