Due process is a human right.
Report from the Law Offices of Yevgeniy Yavorskiy on the Denial of Due Process for Arman Dzhumageldiev
Update – May 31st, 2023
The Dzhumageldiev case is gaining speed in the courts without any presence of due process for Arman. While the trial was originally scheduled for fall of this year, authorities have moved the date up and it is likely to take place in June 2023.
Though Arman Dzhumageldiev’s arrest was conducted for a relatively minor reason (falsified possession of weapons), the accused has been placed in a special detention facility, where security officers are working to obtain a confession of guilt.
The prosecutor has used his power to take many steps to increase attention around the case and unfairly frame Dzhumageldiev.
First, the prosecutor has elevated the importance of the suspect’s case within the government.
In February 2023 a case was fabricated against Dzhumageldiev for organizing mass riots. Now, the case has been transferred to a special department of the prosecutor’s office. Thus, the case acquired a political status.
Second, the prosecutor has continued to demonize and stigmatize Dzhumageldiev and other former officials of Kazakhstan as criminals.
The prosecutor continues to make public statements, give press conferences, and make reports to the government before a preliminary investigation has even been completed. He submits unsubstantiated information in the form of facts, dubbing Dzumageldiev not as a suspect, but as a maximum risk offender. In addition, Dzhumageldiev is not called by his last name, but rather by a nickname “Wild Arman”, “member of the organized crime group” and “militant”, making a semantic reference to his alleged criminal past. By doing this, the prosecutor is attempting to shift public opinion against Dzhumageldiev. Unfortunately, Dzhumageldiev has not had the opportunity to defend himself publicly or in any court and he should be considered innocent until then.
Lastly, the prosecutor has consistently demoralized Dzhumageldiev and his circle of support by depriving him of access to a proper legal defense, a normal trial, and normal conditions of detention.
His lawyer Yevgeny Yavorskiy was not only removed from the case by the prosecutor’s office, but is also subject to prosecution himself due to his “undesirable,” from the prosecutor’s perspective, “activity in the media,” where Yavorskiy, as Dzhumageldiev’s defender, informed the public about violations of his client’s rights.
Other lawyers of Dzhumageldiev still have had no opportunity to officially assist with the case and bring forward evidence that would help prove the innocence of their client.
There are a number of facts that could shed an alternative point of view to this investigation that the prosecutors have disqualified from the case and this evidence risks being destroyed. For example, the video recording of the arrest of Dzhumageldiev, which records the brutal beating of the suspect, who did not resist, as well as the robbery committed by law enforcement officers, theft of money by them, falsification of evidence, and torture.
In addition, the prosecutor’s office is now demanding an expedited trial, providing the defense with thousands of case pages for familiarization on short notice, and demands the immediate signature of Dzhumageldiev;
Dzhumageldiev is being held in the country’s toughest detention facility under Kazakhstan’s National Security Committee oversight, and the conditions of his detention raise concerns by his defense, which consistently has limited access to communication with Arman.
These actions are unjust and a grave violation of the Constitution and all international obligations undertaken by Kazakhstan.
Introduction
The human rights attorney, Yevgeniy Yavorskiy, has recently released a report claiming that officials in Kazakhstan have denied due process to political prisoner Arman Dzhumageldiev, who is one of the country’s prominent political figures. Dzhumageldiev was arrested during mass protests against the government in 2022, which resulted in violent clashes with the police, causing the death of over 200 citizens and the arrests of several political prisoners. Yavorskiy’s report alleges that the denial of due process violates Dzhumageldiev’s human rights and the constitution of Kazakhstan. Additionally, the report expresses concern that the authorities have systematically removed Dzhumageldiev’s legal team to weaken his case.
Background
Arman Dzhumageldiev played an active role in providing humanitarian aid during the protests and promoting civil obedience. However, the authorities arrested him on charges of inciting the protests. The report further claims that video footage shows law enforcement officials violently arresting Dzhumageldiev and fabricating evidence to implicate him in the protests. Since then, he has been detained in a single cell and pressured to confess, which he has refused to do.
Violation of Human Rights
The report by Yavorskiy highlights that Kazakhstan has been listed in the U.S. State Department’s 2023 Report on Human Rights Abuses for multiple violations of the fundamental human rights of imprisoned persons. The report emphasizes the need for due process for politically persecuted individuals to prevent Kazakhstan from remaining an authoritarian state.
Denial of Due Process
The denial of due process to Arman Dzhumageldiev is a clear violation of his human rights and the constitution of Kazakhstan. Every individual is entitled to due process under the law, which includes the right to a fair trial, access to legal representation, and the presumption of innocence until proven guilty. However, the report alleges that the authorities have systematically removed Dzhumageldiev’s legal team to weaken his case, which is a clear violation of his right to legal representation.
Moreover, Dzhumageldiev’s detention in a single cell and the pressure to confess is a violation of his human rights. Every individual has the right to humane treatment and the prohibition of torture, cruel, inhuman, or degrading treatment or punishment. The authorities’ actions towards Dzhumageldiev are contrary to these rights and further compound the violation of his human rights.
Conclusion
In conclusion, the report by Yavorskiy highlights the continued violation of human rights in Kazakhstan, particularly the denial of due process to political prisoners. It is imperative that the Kazakhstani authorities respect the human rights of every individual, including political prisoners, to prevent the country from remaining an authoritarian state. The international community must continue to monitor the situation in Kazakhstan and hold the authorities accountable for their actions to ensure the protection of human rights.