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Human Rights in Kazakhstan, issue 9 (excerpts)


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Subject: Human Rights in Kazakhstan, issue 9 (excerpts)


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Human Rights in Kazakhstan, issue 9 (excerpts)


INFORMATION NEWSLETTER 
OF KAZAKHSTAN INTERNATIONAL BUREAU FOR HUMAN RIGHTS AND RULE OF LAW

"HUMAN RIGHTS IN KAZAKHSTAN AND ALL OVER THE WORLD"
N 9 (June 3 - 18, 2000)


CONTENTS

* Opposition activist, scientist N. Masanov calls on unbiased
investigation of the internet-provocation aimed at slandering him
* "Nachnem s Ponedelnika" is now published under a different name 
* New independent newspaper "Do i Posle Ponedelnika" is already being
persecuted.
* Lawsuit against the �?zamat-TIMES� newspaper 
* Union of judges is successfully suing newspapers. 
* Statement of "Adil Soz" International Foundation for Protection of
Freedom of Speech 
* Committee on National Security is stirring up its activity
* Turkestan tradesmen protest akims decision
* Oralmans (ethnic Kazakhs repatriated from other countries) are left
to face their problems in the rural areas.
* Authorities do not care about the blind  
* Children have no rights
* Mothers of soldiers believe that bullying emerges from the structure
of the army
* "Pokolenie" movement is registered in Aktobe
* In the absence of substantial evidence you can spend more than a
year in the investigation isolation prison
* More facts of torture


KAZAKHSTAN

Opposition activist, scientist N. Masanov calls on unbiased
investigation of the internet-provocation aimed at slandering him.

Statement by Nurbulat Masanov concerning the fact of Internet
publication of the fake interview with him

Almaty, 14 June 2000

In connection with Internet publication of the so-called interview
that I allegedly gave to the ITAR-TASS reporter Igor Cherepanov, in
the wake of its publication by "Karavan" and "Kazakhskaya Pravda"
newspapers prosecutor's office of Almaty have brought up criminal
proceedings on the basis of complaint filed by Igor Cherepanov.
Together with Cherepanov we have refuted this interview and prepared
lawsuits against two newspapers. ITAR-TASS has also protested
disproved that such an interview ever existed. 

In order to be recognized as an interview, the speech has to be
public, with written certification of the interviewed person and be
distributed by the media means that have interviewed a person.

The evident facts are that I have never gave such an interview, Igor
Cherepanov never took it and ITAR-TASS has never officially
distributed nothing of the sort. It is clear, that what we have here
is nothing but a forged document made by some person or a number of
persons and  laid out at the web-site with subsequent publication by a
number of media means.

I presume that considering the current legislation  investigators
should have concentrate on finding persons that forged the document
and make editors of the newspapers that published this information to
answer for fueling interethnic tensions and insulting feelings of the
Kazakh people.

First of all, criminal proceedings should have been instituted
according to the article 129 of the Criminal Code "Slandering and
distribution of the information that is defaming and is known to be
untrue" and article 164 of the Criminal Code of "fueling social,
nationalist, tribal, racist or religious hostility". In his complaint
Igor Cherepanov named these articles but prosecutor never passed this
document to court.
Surprisingly, investigators preferred to work in other direction.
First of all, they decided that I did give this interview and their
decision was based on the anonymous audiotape allegedly containing my
statements addressed to Mr. Cherepanov.

Another version that investigators examine is that I "purposefully
initiated the appearance of this text and of the audiotape in order to
attract additional attention to my person and to increase my political
rating".
I already stated that I never gave such an interview to ITAR-TASS or
any other agency or individual. The audiotape, I believe, has been
forged in order to discredit me as a politician and to compromise me
as an individual. In opinion of competent specialists the audiotape
bears traces of computer processing.
Nevertheless, instead of looking for those who forged and produced
this tape and send it to mass media investigators are trying to
receive the samples of my voice in order to identify the voice on the
tape and to prove my involvement in the whole case. However, I have
serious doubts that, where it concerns me, the expertise in our
country will be fair, objective and impartial enough.

Moreover, the resolution of instituting proceedings according to the
article 164 of the Criminal Code says that "as it is impossible to
prove the fact of involvement of Cherepanov and Masanov in this case
at this stage of the proceedings" the action is brought against
"unidentified persons that have distributed the interview of Masanov".
This way the resolution itself recognizes my interview de-facto
despite the absence of any proof that such an interview ever took
place. 

This is why I insist that all of the procedural action would follow
the criminal-procedural legislation of the Republic of Kazakhstan. 

In connection with this I urge the law-enforcement agencies:

To identify and bring to trial those responsible for publication of
the forged document containing my alleged interview and to put on
trial editors of "Karavan" and "Kazakhskaya Pravda" newspapers for
publishing the interview that is known to be forged. 

To identify and bring to trial those who made and processed the
anonymous audiotape and sent it to mass media. If the responsible will
be found and will certify that this recording contains my voice, I'm
ready to give the samples of my voice for expertise keeping in mind
that it has to be fair, objective and independent.

Once again, I state that I'm ready assist law-enforcement agencies in
order to find and punish the guilty. However, all of the actions taken
by investigators should follow the criminal-procedural legislation of
the Republic of Kazakhstan.

Nurbulat Masanov, professor, doctor of sciences. 

.............


Oralmans (ethnic Kazakhs repatriated from other countries) are left to
face their problems in the rural areas

In the beginning of 90-ies more than 63 thousands of ethnic Kazakhs
came to Kazakhstan from Mongolia. 1,358 of them now live in Aktubinsk
region at the West of the Republic. Back then in 1992-93 authorities
promised every family a house, a yard, essential goods, household
equipment and employment. None of these good intentions resulted in
concrete actions.

Oralmans were settled at local farms and cattle-breeding holdings.
With decline of agriculture new settlers lost their livelihood. Among
Kazakhs from Mongolia 330 out of 593 left the region. 860 families of
repatriates from Mongolia, Russia, Uzbekistan and other former USSR
republics still reside at the territory of Aktubinsk region. 22
families are from Iran. Only recently Mongolia and Iran Kazakhs
received a right to citizenship. However, the problems of integration,
housing, professional training and employment are far from being
resolved. Future of their children is also unclear. Local budgets do
not contain any quotas for these children to be able to receive
professional education. Access to higher education is virtually closed
for them.

Dulat Tulegenov, director of the Aktubinsk branch of KIBHR

.............

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