Human rights activists refute prosecutor's office allegations that there is no pressure on Zhanbolat Mamay

On February 26 the Committee to Protect Journalist and Public Figure Zhanbolat Mamay refutes the press release widespread by Almaty prosecutor's office and the Committee of correctional system of the Ministry of Internal Affairs which states that Zh.Mamay was not under pressure and did not experience beatings and extortion at the detention center. According to the prosecutor's office and the Committee of correctional system, prison medical officer did not detect any injuries on the body of Zhanbolat Mamay, and the detainee himself  stated orally and in writing, that he had no complaints about the administration of the detention facility and the cellmates, but, nevertheless, he was transferred to another cell.

Moreover, the press release  emphasized  that the dissemination of information about the pressure on Zh.Mamay may result in criminal liability for disseminating false information in accordance with Article 242-1 of the Criminal Code of the Republic of Kazakhstan.

However, according to the statement of the Committee for the Protection of Zh.Mamay, the facts suggest otherwise. In violation of Art. 32 of the Law "On procedure and conditions of detention of persons in institutions that provide temporary isolation from society" Zh.Mamay, a person with clean criminal record, was  transferred to the cell where repeat criminals were detained. The fact that he was a suspect on a criminal case, but was not sentenced to deprivation of liberty, is not a basis for such a transfer.

The director of the Kazakhstan International Bureau for Human Rights and Rule of Law, Yevgeny Zhovtis and journalist Sergey Duvanov had witnessed incoming phone calls to  Zh.Mamay’s wife Inga Imanbay. The caller demanded  to transfer 200 thousand tenge to him. Imanbay was at the Bureau office when she received those calls.

On February 21 Zh.Mamay complained on beating and extortion. At the same day a member of the Public Council under the Ministry of Internal Affairs of Kazakhstan Zhemis Turmagambetova applied to the chairman of the Committee of correctional system  A.Bazylbekov and was assured that Mamay will be provided security. Nevertheless the next day Mamay’s lawyer Zhanar Balgabaeva found that Mamay was not transferred to another cell. On the same day Zh.Mamay made a written statement that any of his statements made in the absence of his lawyer should be considered unacceptable.

At the same time a medical prison and a special prosecutor examined Mamay  and found obvious many racomas and bruises. Nevertheless neither prosecutor’s office nor the administration of the detention center did not make any official records of those injuries.

The Committee to Protect Zhanbolat Mamaia believes that the given facts indicate that offence was committed against Mamay. The Committee expressed its regret that in Almaty city prosecutor’s office supports the administration of the detention center and the Committee of correctional system  to provide garbled information about the situation instead of observing Mamay’s right to freedom from torture and cruel treatment and providing his security.