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Image header Agence Europe
Europe Daily Bulletin No. 8402
THE DAY IN POLITICS / (eu) eu/kazakhstan

EU considers trial of opposition journalist in Kazakhstan is not fair

Brussels, 17/02/2003 (Agence Europe) - The EP Presidency, in association with the ten future Member States, Bulgaria, Romania and the EFTA countries member of the European Economic Area, issued the following declaration concerning the trial of Sergueï Douvanov (an opposition journalist condemned on 28 January 2003 to three and a half years imprisonment for raping a minor): "Over several months the EU has followed the course of events leading up to the trial of Mr Sergei Duvanov, including through the attendance of an EU observer throughout the proceedings. The EU welcomed the reasonable transparency surrounding the trial, including the invitation to it of international observers, but notes a number of outstanding concerns. Unfortunately, the trial cannot be considered fair according to OSCE standards. From the start of proceedings, the principle of presumption of innocence was not respected. The preliminary policy investigation, including the examination of forensic evidence, had a number of shortcomings, with numerous procedural violations and prejudice. There were strong indications of wilful interference and police manipulation of the judicial process. Once in court, further serious doubts were raised over the evidence presented by the prosecution, with inconsistencies in the witness testimonies given. These were not properly taken into account by the Judge in his published verdict. Neither was proper time given to defence lawyers to review the case put before the court. This all raises concerns over the guilty verdict passed on Mr Duvanov, but must also pose wider questions about the rule of law in Kazakhstan. The EU underlines the importance of applying principles of fairness and procedural integrity in the conduct of justice. It calls upon the authorities of the Republic of Kazakhstan to adhere to their international obligations. The EU welcomes the offer by Kazakhstan to provide access to case materials concerning Mr Duvanov to professional jurists sent by the OSCE and will follow this up as soon as possible".

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