In Kazakhstan, seven colony’s employees were convicted of torture

On February 3, a court decision was made in Kapshagai on the case of torture in the colony ЛA-155/8, located in the village of Zarechny (Almaty region). As Ardak Zhanabilova, chairman of the Public Monitoring Commission (PMC) on monitoring human rights in prisons in the city of Almaty and Almaty region, said at the press conference today, the court passed a fair sentence, which both human rights defenders and convicted prisoners, who were tortured, were satisfied with.

Recall that the scandal surrounding the colony in Zarechny flared up on July 26, 2019. On that day, a video was posted on the YouTube portal, which recorded the mockery of the colony’s employees over prisoners. The video shows how two officers threw the convict to the floor and tied his wrists behind his back. The following footage shows how three colony’s officers beat the prisoner hanging on a Swedish wall in a gym.

As a result, it turned out that the records of torture were made by prisoner T.K. Kazbekov. Kazbekov had access to the premises of the regime’s department, because he worked there as a “daily worker” and, therefore, he witnessed all the bullying of the colony’s employees against prisoners. In the period from April 29 to July 26, he made about 40 videos and posted them on the YouTube video portal on July 26.

Five days later, the Minister of Internal Affairs of Kazakhstan, Erlan Turgumbaev, stated that “this incident is one of the shameful facts of the Kazakh penal system”, and informed that seven employees of this institution, including two deputy chiefs, were dismissed for negative reasons, and the head of the colony was relieved of his post. The minister also added that a criminal case had been opened on the fact of torture, the Prosecutor’s office of Almaty region is investigating it.

“We, unfortunately, did not know about this case,” Zhanabilova said at the press conference. “We did not know, because a lot of newcomers arrived at this institution, mainly from East Kazakhstan. They went through a period of adaptation. They did not know human rights defenders in person, did not know how this institution works. They were, to put it mildly, surprised, they were shocked by what was happening and, naturally, did not know who to complain to.”

According to the human rights activist, as soon as torture shots appeared on YouTube, she immediately left for the place of emergency.

“The victims have already been taken to a pre-trial detention center,” Zhanabilova recalls. “I arrived and offered my services as a lawyer. They immediately issued a power of attorney to us. It was difficult for us to work, because Denis Alimbekov and I served as lawyers and therefore were in the investigative isolation ward СИ-18. Why am I saying this? Because I believe that in this case about 3-4 people were not prosecuted. I will also say that there should have been much more victims in this case. At the very beginning, about 10 people were injured in this case, and by the time the investigative actions of the victims were completed, there were only three left (Mamilin, Huseynov and Kasymov), those who were on YouTube. The remaining victims were recognized as witnesses.

That is, we did not have enough time, we needed lawyers. Therefore, in the court of first instance, I stated that we need lawyers for the victims, who will work directly in court. The judge accepted my request and three lawyers from the Almaty Regional Bar Association were invited. The trial was held in Kapshagai. Being there all day was quite difficult. But in general, we are very pleased with the court decision. The two deputies of the head of the colony, Zheksenov, the deputy on duty and operational work, and Shabdenov, the deputy on educational work, who was responsible not only for the education of the convicted, but also for the personnel, were sentenced by the court of first instance to a maximum term of 7 years in prison. Two employees of the colony (Mukashev and Norbekov) were sentenced to 6 years; Baygaliuly, Ekibaev and Kaylybaev were sentenced to 5 years in prison. This is a fair sentence, and the injured party (convicts) is satisfied with this sentence. All convicted prison staff will serve term in a medium security colony for former employees near the city of Semey.”

According to member of the Public Supervisory Commission, Denis Alimbekov, the defendants in this case have the right to appeal.

“We hope that the sentence will be upheld,” he emphasized. “It is very difficult to complete the case in this narrow topic, like torture. But thanks to the media, and most importantly to the courage of the victims, we were able to do this. In general, the procedure itself is very complicated. You know, we receive many reports of torture. Each such message requires a very careful check. Not every message is confirmed during verification. But if there is a pretext, we try to bring the matter to court. This case is another victory in the struggle for the rights of prisoners.”

Alimbekov also reminded that now in Kazakhstan familiarization tours for officials in the colony are widely practiced in order to prevent corruption.

“This is a very correct decision. It would be also good to arrange a familiarization tour for the colony officers in the colony, where former employees of correctional institutions sit, so that they also know that the law is the law, and it must not be violated. And all the more, they can’t torture prisoners. They have already been punished by a court verdict. Let them sit, serve their term and correct themselves.

In turn, Ardak Zhanabilova emphasized that the process of proving torture in Kazakhstan greatly complicates by the institution of forensic medical examination.

“They write in their conclusions that they have no methodology and they cannot identify the employees of the institution who carried out the torture,” Zhanabilova expressed her indignation. “Can you imagine? We all saw these videos and we know for sure that exactly these employees tortured. But forensic examination cannot be established, because there is no methodology.”

The human rights activist also noted that torture is not just cruel treatment of people.

“This is a shameful phenomenon for any nation. We live in the 21st century. And when convicts sentenced to serious terms of imprisonment, that is, already punished by law, are tied up with arms and legs and hung like rams on a spit, and then stretched; this is a shame,” the human rights activist summed up.