Case of Matayevs Chronicle of Lawless Action
The Committee for Support of Seitkazy Matayev began its chronicle of major violation of law. These violations were committed in case of the Chairman of Union of Journalists of Kazakhstan, President of National Press Club Seitkazy Matayev and General Director of an International News Agency KazTAG Aset Matayev who was charged with embezzlement of public funds and evasion of tax payment.
1. On February 22, 2016 Anti-Corruption Service of Almaty has issued its press release in day of detention of Seitkazy and Aset Matayevs. “Matayev committed corruption and economic crimes. These crimes are grave ones” (http://www.zakon.kz/4776345-sejjtkazy-mataev-obvbinjaetsja-v.html). Thereby sub-point 1 of point 3 of article 77 of Constitution of the Republic of Kazakhstan was violated grossly: “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”; point 2 of article 14 of International Treaty on Civil and Political Rights which was ratified by Kazakhstan “Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law”. The violation of norms of Treaty is reason of an appeal to United Nations Human Rights Committee in a case of disagreement with sentence.
2. On August 03, 2016 during preliminary court hearing of case of Matayevs, Judge A. Kurmantayev has made a rule. The case should be considered in court of Esil district of Astana, because they undertook illegal commercial activity, services of production of information materials, holding of press conferences. In fact International News Agency KazTAG and National Press Club are in Almaty, in Almaty services of placement and implementation of state information order were performed. Therefore, rule of Judge A. Kurmantayev contradicted article 314 of Criminal Procedure Code of the Republic of Kazakhstan determines jurisdiction otherwise. Under article 314 p.2 if the crime started at the place of the court activity and was completed at the place of another court activity, the case shall fall into the jurisdiction of the court at the place of termination of the investigation; p.3 the place of termination of the investigation is a place of drawing up of indictment of Criminal Procedure Code of the Republic of Kazakhstan. Thereafter, sub-point 3 of point 3 of article 77 “No one may have his jurisdiction, as stipulated by law changed without his consent” of Constitution of the Republic of Kazakhstan was violated grossly.
3. On August 04, 2016 lawyers of Seitkazy Matayev filed a petition. It was done that he could visit health care institutions before 23rd August, 2016 prior to launching of primary court hearing. During trial, presided judge of Esil District Court №2 of Astana Akbolat Kurmantaev denied satisfaction of petition to lawyers of Seitkazy Matayev he wrote as reasoning “I see no reason”. On August 23, 2016 Seitkazy Matayev was admitted to the hospital with hypertensic crisis. Thereafter, he was admitted to the hospital with potential stroke condition straight from the court room. The judge denied acquisition of medical assistance to Seitkazy Matayev, judge violated Criminal Procedure Code of the Republic of Kazakhstan.
The detention of accused, suspected and defendant or placement under house arrest of accused, suspected and defendant must not entail physical and moral damage for a man, must not interfere with his/her health; infracted the constitution which guarantees right of everyone to protection of health. The denial of court to give an opportunity for Seitkazy Matayev to undergo full course of treatment, acceleration of trial in spite of his physical and moral condition, it may be evaluated as application of illegal methods with regard to him as torture in given case.
1. The prosecution filed expert study with other documents of the case. It was made by IT-specialist, cousin of investigator Asylbek Abdraimov Margulan Duzedikov. According to Criminal Procedure Code of the Republic of Kazakhstan. The expert can not participate in conduct of criminal proceeding, if he/she is a relative of interrogating officer or investigator, in the presence of kinship of an expert and investigator, expert report is inadmissible evidence. But, judge Akbulat Kurmantaev declined motion of lawyers of Seitkazy Matayev, related to challenge of M. Duzeldikov.
