Court refused to change imprisonment into restraint for Seitkazy Matayev
KazTAG reports:
According to the law, Seitkazy Matayev, president of the
national press-club, and Aset Matayev, director general of KazTAG news agency,
may be released from colony, however, courts are doing their best to prevent
this to happen, said the lawyers.
"The Kapshagai court refused S. Matayev to change deprivation of liberty
into restraint of freedom. The Almaty regional court upheld this decision. The
Kapshagai court, and then the Almaty regional court refused to apply amnesty,
despite the fact that the Ministry of Information and Communications did not
object. We can see willful interpretation of the norms of the law, "said
Madina Bakiyeva, lawyer.
She outlined that according to the law there are enough grounds for change of
the penalty.
"The criminal law allows to release S. Matayev on parole. The necessary
term has been served for this. The state of his health continues to cause
concern - he is staying in the sanitary zone, i.e. staying in hospital. He has
positive characteristics from the colony. But, despite all this, the courts
emphasize the compensation of the alleged damage and openly say that in order
to be released, he must fully compensate a huge amount - 500 million tenge,
although the criminal law provides other grounds for change of
punishment," she said.
Lawyer Andrey Petrov noted that the courts, demanding compensation for the
damage deprive him of the opportunity to do so.
"It turns out to be a vicious circle: the courts demand compensation for
damages, while all the property that Seitkazy and Aset Matayev had,
and which was acquired 10 or more years prior to the incriminated period, was
arrested. Now everything is in the hands of judicial executors. S. Matayev has
a spouse, A. Matayev also has a spouse. According to the law, they have the
right for the half of jointly acquired property. Nevertheless, the justice
officers do not allocate these shares; the property is worth a dead weight. We
are trying to explain to the court that there are other grounds for changing
the punishment, and even the administration of the correctional institution
petitioned for this, but the court does not take these facts into
account," he said.
According to A. Petrov, the courts are under the pressure from outside.
"The pressure from the outside was colossal on the judiciary, on the law
enforcement agencies, on us, lawyers, and on our clients. Judges are under
pressure as well- those who get our lawsuits, complaints. This is reflected in
the fact that they deny our requests, they deny the requests
of Matayev, deny the requests of the wife of S. Matayev, the wife of
A. Matayev, they deny the requests of LLP "National Press Club". We
feel that someone is still putting pressure on the judges," he said.
M. Bakiyeva has the same opinion.
"Some judges openly tell us that they can not make a lawful decision.
Nobody wants to do anything according to the law. It was not enough for them to
deprive the Matayev of freedom and property. Someone wants them to be in
prisons, " she said.
, M. Bakiyeva said that even in the places of detention S. Matayev keeps on
experiencing pressure, in addition he was asked for assistance in interacting
with mass media.