Statement of Committee in Defense of Journalist and Public Figure Zhanbolat Mamay

On February 10, 2017 the National Bureau of Anti-Corruption of Almaty has made searches in editorial office of an independent newspaper “Tribuna. Sayasi- Kalam”, in flats of its editor Zhanbolat Mamay, acting editor Inga Imanbay and their relatives, accountant of the newspaper, founder of company which published newspaper and in the house of politician Tulegen Zhukeev. These searches were made within frames of investigative actions with regard to supposedly embezzlement of funds in BTA Bank which took a place.

Later on the same day, National Bureau of Anti-Corruption of Almaty in violation of principle of innocence, without judgement of conviction which had to come into effect, it has called Zhanbolat Mamay “accessory” of politician and banker Mukhtar Ablyazov, who has been in exile. The National Bureau of Anti-Corruption of Almaty issued release where it informed that he laundered a part of embezzled funds in BTA Bank under the pretense of financial transactions through newspaper “Tribuna. Sayasi- Kalam”; some media outlets disseminated this release.

He was suspected of commission of criminal offence under article 193 p.3 a.b. “Legalization of Monetary Funds or Other Property Obtained Illegally” of Criminal Code of the Republic of Kazakhstan (edition 1997); Zhanbolat Mamay would be punished by a heavy fine or restricted of freedom from three to seven years. Zhanbolat Mamay categorically denied his guilt and he made a statement on February 11, 2017. Mamay believed that this prosecution with regard to him has been politically motivated.

On February 11, 2017 in the late evening investigating judge A. Baidauletova pronounced decision on arrest of journalist for two months during period of conduction of investigation; on February 20, 2017 Court of Appellate Judicial Division of Civil Cases of Almaty City Court has upheld this decision.

Zhanbolat was held to the pre-trial detention center LA 155/18 outside Almaty.

On February 21, 2017 Zhanbolat Mamay met with his lawyer Zhanara Balgabaeva. It has become known that 17 February, 2017 he without reasons was transferred from quarantine cell №81 of pre-trial detention center, with persons who firstly were arraigned on a criminal charge to the cell №197, with convicted persons, who served their sentence persons for commission of particularly serious crimes. In this cell in his words he was beaten after these beatings Zhanbolat lost consciousness, racomas and bruises on his body also, evidenced about it, the special prosecutor arrived at the detention unit saw it, who supervised for pre-detention centers; extortion of amount KZT2000000, later it was decreased to KZT200000; there were telephone calls from cell to the telephone of wife of Zhanbolat Mamay Inga Imanbay and threat of homicide. Except for it, extortioners demanded that Zhanbolat refused from “policy”.

We have no any doubts that it was politically motivated prosecution with regard to Zhanbolat Mamay. It was also, connected with his active political position and independence of newspaper, where Znanbolat Mamay has been editor-in-chief.

We also, believe that illegal placement of Zhanbolat Mamay who has never been criminally convicted before with convicted persons, who committed crimes; it has aimed at pressure upon him and to endanger his safety. Zhanbolat Mamay, his wife and his lawyer made a petition on necessity to assure personal security for him, appeal to the head of pre-trial detention center and special prosecutor, provision of information for administration of Committee of Penal Enforcement System as per afternoon 22 February, 2017 he has been for eight persons’ cell, only two cellmates were transferred to the safe place.

In view of this fact, we ask to:

1. Drop politically motivated prosecution with regard to Zhanbollat Mamay and uphold his right to a fair trial at all stages of criminal process in full conformity with international obligations of the Republic of Kazakhstan;

2. Conduct detail investigation of Zhanbolat Mamay’s beating and other violations of his rights in the pre-trial detention facility and bringing to responsibility of all guilty persons, including officer, who ordered that Zhanbolat Mamay would be transferred to the cell №197 and endangered his security.

3. Assure personal security of Zhanbolat Mamay. It is direct duty of the state authority.

In the near future, Committee of Penal Enforcement System shall plan to submit relevatn applications to the United Nations Special Rapporteur on Tortures and United Nations Special Rapporteur on Position of Human Rights Activists and take other measures to protect rights of Zhanbolat Mamay.

Background information

In 2007, Zhanbolat Mamay started a club «Spirituality and Language». Some times later his articles were published in Kazakh-speaking opposition newspaper «Zhas Alash».

In June of 2012 Zhanbolat Mamay was arrested after shooting of rioting oil-workers in Zhanaozen. He was charged “with incitement of social enmity”, because of Zhanbolat arrived at Zhanaozen during strike several times. On July 13, 2012 he wasdischarged.

From September, 2012 he headed independent newspaper «Tribuna». The newspaper published sharp and critical materials about authorities in power and officials. Over a period of its existence newspaper had some suits from heroes of its publications. During several times, newspaper had wasteful suits; it was closed and it was published under other title newspaper kept its trend.

Last time, court has imposed newspaper on recovery of moral damage in the amount of KZT5000000 (USD15500). It was connected with publication of article about director of municipal advertising company Sultanbek Syzydykov.