Uncategorized

NURAZATTYQ HIDES DETAILS OF A POLITICAL TRIAL

On 17 September 2021, the trial continued (this was 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”.
Since the beginning of the trial on 27 July 2021, attorneys and activists have demanded the submission of a secret decision of the Yesil court dated 19 May 2020 to ban the opposition movement “Koshe Partiyasy”, but neither the judge, nor the prosecutor, nor the investigator have provided this decision.

During the court hearing on 17 September 2021, the lawyers submitted a motion so that Judge #KASYMBEKOV Yernar attach to the case file copies of court decisions (without stamps) banning the “Koshe Partiyasy” and DCK movements, which the lawyers obtained from another political criminal case, as well as a ruling on the refusal to consider the activists’ appeal regarding the “Koshe Partiyasy” ban. The judge refused the lawyers’ motions because copies of the decision to ban “Koshe Partiyasy” and DCK and the ruling refusing to consider the activists’ appeal against the ban on “Koshe Partiyasy” were without stamps.

At the same time, the lawyers explained that these copies of decisions are from the files of another political criminal case (i.e. they were used as “evidence” in another case), while the ruling on the refusal to consider the activists’ appeal against the ban on “Koshe Partiyasy” was signed electronically (and has an official barcode from the court office’s database).

Meanwhile, as the activists stressed, the press release from the General Prosecutor’s Office about the existence of the decision of the Yesil court to ban “Koshe Partiyasy” has no stamp either. It is just a press release. Not a court decision.
The lawyer’s motion to declare inadmissible as “evidence” the press release of the General Prosecutor’s Office on the existence of the decision of the Yesil court to ban the “Koshe Partiyasy”, the judge did not consider immediately, but said that he would consider it only when the final court decision is made!

Nurazattyq does not write these important details. Nurazattyq writes: “Judge Yernar KASYMBEKOV announced that he would decide on these motions later, in the deliberation room.” Later? When later? Tomorrow? The day after tomorrow? The next court session? In a year’s time?

It is crucially important – not “later”, but at the time of the final court decision is made! That is, the judge continues considering the case on the basis of the press release of the General Prosecutor’s Office about the existence of the decision of the Yesil court to ban “Koshe Partiyasy”, but does not provide the court decision itself on banning “Koshe Partiyasy”, thereby violating the rights of citizens to defence. This motion will not make sense after the final decision. It should be considered now and the decision of the Yesil court on banning “Koshe Partiyasy” should be provided.

How can they accept the press release of the General Prosecutor’s Office (also without a stamp, by the way) as “evidence”, but not accept for examination the copies of decisions (without a stamp) to ban the “Koshe Partiyasy” and DCK movements? Why doesn’t Nurazattyq describe important details of the trial?