EXAMPLE BY THE ACTIVISTS ON HOW TO DEFEND YOUR RIGHTS
On 17 September 2021, the 11th court session in the politically motivated criminal case against thirteen civil activists from Almaty for allegedly “organisation and participation in an extremist organisation” took place. Since the start of the trial on 27 July 2021, lawyers and activists have demanded the submission of a secret decision of the Yesil court dated 19 May 2020 banning the opposition movement “Koshe Partiyasy”, but neither the judge, nor the prosecutor and investigator have provided this decision.
On 17 September 2021, the activists asked judge Yernar KASYMBEKOV to submit the secret decision of the Yesil court banning the “Koshe Partiyasy”, so that the activists may familiarise themselves with it and prepare a defence. The activists stressed that in the absence of this decision – the main document referred to by the investigator and the prosecutor – the judge should immediately close the case.
I should add that the case should be closed first of all because it is a politically motivated criminal case, and secondly because the investigation has not provided the decision of the Yesil court banning the “Koshe Partiyasy”.
The activists added that the arrests, investigative actions (interrogations, house searches) and the criminal case itself were illegal, because the investigation referred to the decision banning the “Koshe Partiyasy”, but the decision itself was not in the criminal case file and was not presented in court. At the same time, the investigators said that they would be given this decision in court, but in the end they didn’t. Therefore, the case should be closed immediately, and the arrested activists should be released and rehabilitated.