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 64

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