To the Kazakh Government:
Because his prosecution has been widely viewed as selective and politically motivated, and because his trial lacked due process, release Galymzhan Zhakianov, pending an independent review of the charges against him. Allow the OSCE to immediately undertake an independent expert review of his case.
Until Zhakianov is released, ensure he is treated in accord with the U.N. Standard Minimum Rules for the Treatment of Prisoners (Standard Minimum Rules).4 Comply with commitments to ensure his personal security, access to counsel and to other visitors, such as human rights defenders and government and international representatives, as prescribed by law.
Allow access by European Union diplomatic representatives, as set out in the Memorandum between the Ministry of Foreign Affairs of Kazakhstan and the Embassies of France, the United Kingdom, and Germany (April 3, 2002).
Immediately conduct a full and transparent judicial review of Sergei Duvanov’s conviction, in accordance with an appeal submitted by his lawyers to the Supreme Court on August 5, 2003, and further to a March 28, 2003, OSCE-commissioned independent expert review that confirmed deep flaws in the original trial of January 2003.
Desist from harassment of, and threats against, opposition candidates during election campaigns and allow opposition candidates equal access to the media, particularly the broadcast media.
Freedom of Association
End onerous restrictions on public meetings and peaceful demonstrations and permit, in a consistent manner, such activities to be carried out by political parties and public associations in accordance with international human rights standards on freedom of assembly.
International Human Rights Conventions and interaction with International Bodies
To Member States of the EU:
Make better use of the periodic reviews of the Partnership and Cooperation Agreement (PCA) with Kazakhstan to urge the Kazakh government to bring its laws and practices with regard to due process guarantees and freedom of expression into compliance with international standards, with particular attention to the violations documented in this report.
To the OSCE:
To the United States:
Intensify efforts at the highest levels to urge the government of Kazakhstan to bring its laws and practices – with regard to due process guarantees and freedom of expression – into compliance with bilateral agreements and international standards, with particular attention to the violations documented in this report and with specific regard to the Congressional resolution of July 16, 2003 on human rights in Central Asia.
To International Financial Institutions and Other Multilateral and Bilateral Donors:
The European Bank on Reconstruction and Development (EBRD) should take into account the findings contained in this report when assessing Kazakhstan’s compliance with Article 1 of the Agreement Establishing the Bank, and make clear to the Kazakh authorities that the nature and level of engagement will be contingent on measurable progress in human rights. In so doing, the EBRD should set specific benchmarks for such progress, building on the recommendations presented in this report and by other authoritative sources.
To the Council of Europe:
4 Standard Minimum Rules for the Treatment of Prisoners, adopted Aug. 30, 1955, by the First U.N. Congress on the Prevention of Crime and the Treatment of Offenders, U.N. Doc. A/CONF/611, annex I, E.S.C. res. 663C, 24 U.N. ESCOR Supp. (No. 1) at 11, U.N. Doc. E/3048 (1957).