Seyitkazy Matayev is in hospital International Foundation for Protection of Freedom of Speech "Adil Soz" has made an appeal

 Appeal

 To:

Prosecutor-General of the Republic of Kazakhstan

A.K Daulbaev

Dear Mr. Daulbaev, 

International Foundation for Protection of Freedom of Speech "Adil Soz" asks you, in accordance with 

4)Article 38 p.1 of Law "On Prosecutor's Office" of the Republic of Kazakhstan, using tools of General Prosecutor's Office to conduct pre-trial investigation of criminal case which was opened by National Bureau of Anti-Corruption which charged Chairman of Union of Journalists of the Republic of Kazakhstan, Head of Public Association "National Press Club" Seyitkazy Matayev and General Director of News Agency KazTAG Aset Matayev with theft of extremely large amounts of money and evasion of the payment of taxes. In our opinion, necessity of conduction of pre-trial investigation which is stipulated by law, it is that agencies of National Bureau of Anti-Corruption conduct investigation of mentioned case are biased and crudely violate norms of Constitution of the Republic of Kazakhstan and some laws. 1. The official statement of National Bureau of Anti-Corruption of Ministry of Public Service Affairs of the Republic of Kazakhstan was disseminated on February 22, 2016; it had the following information: "Matayev committed corruption and economic crimes. They are serious crimes". Thereby, norms of International Covenant on Civil and Political Rights (in particularly, ratified by Kazakhstan) are crudely violated. The article 14 proclaims: "Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law", article 77 of Constitution of the Republic of Kazakhstan proclaims: "A person shall be considered to be innocent of committing a crime until his guilt is established by a court’s sentence that has come into force"; and  article 19 of Criminal Procedure Code of the Republic of Kazakhstan proclaims "Everybody shall be deemed innocent until his culpability in a commission of a crime is proven in accordance with the procedure established by this Code and as established by a court sentence which entered into legal force." 

2) Deputy Chairman of National Bureau of Anti-Corruption Talgat Tatubaev crudely violated article 201 of of Criminal Procedure Code of the Republic of Kazakhstan proclaims "Impermissibility of Disclosure of Data on Pre-Trial Investigation" which proclaims: "The data of pre-trial investigation shall not be subject to disclosure. They may be disclosed only with a permit of the prosecutor in that volume which they recognize possible, unless this contradicts the interests of investigation and violates the rights and legal interests of the other persons". During his interview (in particularly, it was posted on the website www.informburo.kz/ on February 26, 2015), he gave nod to publication of the investigative document which was written by Seyitkazy Matayev after his detention; furthermore, he explained it at discretion in the prosecution's favor. 

3) Seyitkazy Matayev fails to contact with media representatives and journalists, officers of National Bureau of Anti-Corruption crudely violate the principle of presumption of innocense, cover widely in press their position, accuse Seyitkazy Matayev in serious crimes simply and whereby discrediting him as a leader of Creative Union of Journalists. It led to, that Seyitkazy Matayev was sent to the hospital with heavy hypertensic crisis because of such forthcoming impairment of right to immunity of dignity. 

We ask you Mister Daulbaev to take this case in your hands and thus preclude any chance of the most drastic consequences. 

President of International Foundation for Protection of Freedom of Speech "Adil Soz" 

Tamara Kaleyeva