CCPR/C/127/D/2431/2014
The facts as submitted by the author
2.1
The author submits that he is a journalist and an opposition activist. He has managed
the regional offices of several political parties, such as “Nastoyashy Ak zhol” and “Azat”.
He has also served as the leader of two trade unions that conducted frequent mass
gatherings with a view to ensuring the realization of human rights in Kazakhstan. In May
2010, the author founded a non-governmental organization called “Gastat”, which
conducted training sessions to teach members of trade unions to peacefully fight for their
political and civil rights.
2.2
On 27 May 2010, at around 10 a.m., the author was attacked on his way from a
sports club by four unknown men, later identified as M.M. and three policemen. They
knocked him to the ground, kicked him and then handcuffed his hands behind his back. In a
video recording of the incident broadcast on a television channel, 1 the policemen explained
to journalists that they had witnessed a fight between the author and M.M. M.M. had been
lying on the ground and the author had been sitting on him and beating him. When the
policemen had attempted to stop the fight, the author had resisted the arrest so violently that
his elbows, chest and back had been injured. Due to his resistance, the author had been
handcuffed.
2.3
At around noon on 27 May 2010, the author and M.M. were taken to a hospital to
have their injuries examined. The author claims that at the hospital injuries to his elbows,
chest and the back were noted, whereas no injuries whatsoever were found with respect to
M.M.2 After the medical examination, the author was taken to a police station and remained
there until 5 p.m., without access to a lawyer. His arrest was not formally recorded, despite
his requests.
2.4 On 27 May 2010, a criminal case against the author was opened under article 257 (1)
of the Criminal Code (hooliganism). On 28 May 2010, he was requested not to leave the
country. On the same date, G.E., an investigator from the Ministry of Internal Affairs of
Kazakhstan, took up the investigation of the case. The author requested the Prosecutor’s
Office of the Aktobe Region to appoint another investigator as, according to the author, G.E.
lacked impartiality and independence. For instance, G.E. had drafted the transcript of the
cross-examination of one of the witnesses before it was conducted and had dictated to other
witnesses what they had to say in their testimony. The author’s request to appoint another
investigator was rejected on 8 June 2010.
2.5
On 8 June 2010, the author requested the Prosecutor’s Office of the Aktobe Region
to institute criminal proceedings against the three policemen and M.M. for the beatings and
provocation that they had inflicted on him. On 10 June 2010, the same investigator, G.E.,
was entrusted to deal with this complaint as well. On 15 June 2010, G.E. and the Ministry
of Internal Affairs refused to open an investigation into the author’s allegations.
Furthermore, on 15 August 2010, the Ministry refused to initiate criminal proceedings due
to the absence of a corpus delicti. On 15 September 2010, the Prosecutor’s Office of the
Aktobe Region reversed the decision of 15 August 2010 and remitted the case to the
Ministry of Internal Affairs for additional examination. The outcome of the investigation is
unclear.
2.6
The author claims that, as a result of his complaint against the policemen, he was
charged with more serious crimes, under article 257 (2) (b) of the Criminal Code
(aggravated hooliganism, punishable by up to five years of imprisonment), as compared
with the initial charges under article 257 (1) of the Criminal Code, punishable by up to two
years of imprisonment.
2.7
On 16 July 2010, Aktobe Court No. 2 found the author guilty of aggravated
hooliganism, under article 257 (2) (b) of the Criminal Code, and sentenced him to two years
of imprisonment. On 24 August 2010, Aktobe Regional Court upheld the sentence on
1
2
2
Despite this claim, the recording shows only the aftermath of the attack, when the author is already
handcuffed.
According to the medical report contained in the appeal court decision of 24 August 2010, submitted
to the Committee, light bodily injuries were inflicted on M.M., including scratches on the nose, right
arm, chest and legs.