A/HRC/25/60/Add.2
Office to investigate his accusations that the proper procedures were breached during these
arrests. The Special Rapporteur thanks the Government for the response dated 21 February
2012 but regrets that little information was provided therein responding to these specific
allegations. The most recent urgent appeal (no. KAZ 1/2013) was sent on 15 January 2013,
on behalf of the Special Rapporteurs on the right to freedom of opinion and expression; the
situation of human rights defenders; the independence of judges and lawyers; and torture
and other cruel, inhuman and degrading punishment. The appeal detailed grave concerns
regarding allegations of a spate of procedural violations that had taken place during the
trial, concerns that Mr. Kuramshin may have been beaten repeatedly by police and
threatened with, among other things, sexual violence while in detention, and concerns that
the ruling to deprive Ms. Nurmasheva of her licence to practice law may have been
arbitrary. The Special Rapporteur thanks the Government for the detailed response dated 11
February 2013 where it is stated that “due to their professional activity this particular
category of citizens [human rights defenders] is at higher risk of potential violation of their
rights, threats against their personal life and health and that of their families and relatives,
the law-enforcement authorities of Kazakhstan attach top priority to all these cases and
investigation thereof is carried out within the shortest time possible and with thorough
examination of all the circumstances of a case.” In recent developments, it is reported that
Mr. Kuramshim petitioned to be transferred to another prison where he would not be
subjected to severe risk to his physical and psychological integrity, but was denied after the
judge failed to even consider facts on procedural violations submitted by Mr. Kuramshim’s
attorneys. Ms. Nurmasheva was reportedly prohibited from mentioning alleged misconduct
and human rights violations by law enforcement officials against Mr. Kuramshin, on the
grounds that this would “cause prejudice among the jury.” Mr. Kuramshin’s attorneys were
also allegedly accused of protracting the court proceedings by bringing in motions and
requesting to examine certain pieces of evidence, despite this being common practice for
attorneys and essential for due process and a fair trial. The attorneys were also allegedly
denied access to several documents that constituted evidence as they were reportedly
classified as “secret”, which may have amounted to a violation of minimum standards for a
fair trial. It is also reported that the decision to strip Ms. Nurmasheva of her license was
upheld and disciplinary action against Mr. Alimbayev was recommended. In its reply, the
Government of Kazakhstan denied any allegations of torture, that the mild bruises and
scratches he received were from the time Mr. Kuramshin was resisting arrest. The
Government also alleged that he mutilated himself and a gash on his left arm was inflicted
in protest of his detention conditions. However, according to the Government’s response,
Mr. Kuramshin did not complain to a procurator overseeing compliance with the law in
correctional institutions regarding his prison conditions. The Government claims that all
these incidents resulted in proper medical treatment. The court found him guilty because
there was overwhelming incriminating evidence. Ms. Nurmasheva had her practicing
license suspended because of apparent misconduct, an inappropriate attitude, and delaying
the trial unnecessarily. Mr. Kuramshin also allegedly did not want Mr. Alimbayev to
represent him, so the court assigned its own defense counsel. The Government did not
address any disciplinary action against Mr. Alimbayev. Although the Special Rapporteur
appreciates the reply, he notes that it fails to show that the physical evidence of
mistreatment was independently and impartially investigated. He reminds the Government
of Kazakhstan of paragraph 1 of Human Rights Council Resolution 16/23 which
“Condemns all forms of torture and other cruel, inhuman or degrading treatment or
punishment, including through intimidation, which are and shall remain prohibited at any
time and in any place whatsoever and can thus never be justified, and calls upon all States
to implement fully the absolute and non-derogable prohibition of torture and other cruel,
inhuman or degrading treatment or punishment.” The Special Rapporteur also reminds the
Government of article 12 of the Convention against Torture, and other Cruel, Inhuman and
Degrading Treatment and Punishment (CAT), which requires the competent authorities to
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