Head of OSCE human rights office dismayed about appeals hearing of Kazakh human rights defender
WARSAW, 21 October 2009 - The director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), Ambassador Janez Lenarcic, today expressed dismay about the conduct of an appeals hearing in the court case of Kazakh human rights defender Yevgeny Zhovtis and stressed the importance of ensuring Zhovtis' right to a fair trial.
An appeals court yesterday upheld the 3 September verdict of the lower court, which sentenced Zhovtis to four years in prison for vehicular manslaughter. According to observers present in the courtroom, the appeals hearing did not remedy the irregularities that marred the first-instance proceedings.
"We are dismayed by the appeal court's reported failure to appropriately address the apparent violations of due process that occurred during the initial trial," Lenarcic said.
Following the first-instance verdict, ODIHR conveyed its concerns to the Kazakh authorities about reports of numerous procedural irregularities.
But observers of the appeals hearing again reported interference with the defendant's right to a fair trial, including the rejection of the defence's technical expertise on the essential matter of whether Zhovtis could have avoided the accident.
"The conduct of the appeals hearing regrettably confirmed our concerns about the fairness of the proceedings in this case," Lenarcic said.
He reiterated that while Zhovtis should not be entitled to any special treatment, it is the responsibility of the Kazakh authorities to ensure full respect for his right to a fair trial as enshrined in OSCE commitments and international human rights law.
Lenarcic again expressed condolences to the car accident victim's family.
Zhovtis, the director of the Kazakhstan International Bureau for Human Rights and the Rule of Law, is a member of the ODIHR Expert Panel on Freedom of Peaceful Assembly and has a long track record in promoting the respect for human rights in Kazakhstan and the OSCE region.