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OSCE calls for immediate review of trial of Kazakh journalist Duvanov
WARSAW/VIENNA 28 January 2003
WARSAW/VIENNA, 28 January 2003 - The two OSCE institutions dealing with human rights and media freedom today expressed their concern about the trial of Kazakh journalist and human rights defender Sergei Duvanov and called for an immediate review by the Appeals Court. Mr. Duvanov was convicted today and sentenced to three and a half years in prison for raping a girl.
"The numerous procedural irregularities and the apparent lack of evidence in this case raise the concern that this trial may have been politically motivated", said Freimut Duve, the OSCE Representative on Freedom of the Media.
Steven Wagenseil, Acting Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), added: "The trial was seriously flawed and we call on the Appeals Court to review carefully the accusations against Mr. Duvanov as well as all allegations of procedural violations during the pre-trial investigation and the trial."
According to observers of the trial, neither Mr. Duvanov nor his lawyers were given enough time to review the case against him and prepare his defence, and the numerous complaints filed by the defence lawyers of procedural irregularities were all rejected by the judge. Also, Mr. Duvanov's right to confidential consultations with his lawyers reportedly was severely restricted. Although the judge admitted that procedural irregularities had occurred during pre-trial investigations, this was not taken into account in favour of the defendant as the basic principles of criminal law require.
Before this trial, Mr. Duvanov had repeatedly faced problems with governmental authorities, including a criminal case for having reportedly insulted the honour and dignity of the President of Kazakhstan.
Last September, Mr. Duvanov was assaulted and severely injured in Almaty shortly before he was scheduled to travel to Warsaw to speak at an OSCE conference about the human rights situation in his country.
"The numerous procedural irregularities and the apparent lack of evidence in this case raise the concern that this trial may have been politically motivated", said Freimut Duve, the OSCE Representative on Freedom of the Media.
Steven Wagenseil, Acting Director of the OSCE Office for Democratic Institutions and Human Rights (ODIHR), added: "The trial was seriously flawed and we call on the Appeals Court to review carefully the accusations against Mr. Duvanov as well as all allegations of procedural violations during the pre-trial investigation and the trial."
According to observers of the trial, neither Mr. Duvanov nor his lawyers were given enough time to review the case against him and prepare his defence, and the numerous complaints filed by the defence lawyers of procedural irregularities were all rejected by the judge. Also, Mr. Duvanov's right to confidential consultations with his lawyers reportedly was severely restricted. Although the judge admitted that procedural irregularities had occurred during pre-trial investigations, this was not taken into account in favour of the defendant as the basic principles of criminal law require.
Before this trial, Mr. Duvanov had repeatedly faced problems with governmental authorities, including a criminal case for having reportedly insulted the honour and dignity of the President of Kazakhstan.
Last September, Mr. Duvanov was assaulted and severely injured in Almaty shortly before he was scheduled to travel to Warsaw to speak at an OSCE conference about the human rights situation in his country.