This was judge Yernar #KASYMBEKOV‘S response to the lawyers’ words during the ninth court hearing in the politically motivated criminal case against 13 activists from #Almaty on 7 September 2021.
The lawyers again raised the issue that the prosecutor, #MYRZAGALIYEV Dastan, did not provide a secret decision of Yesil court banning the movement #Koshe Partiyasy dated 19 May 2021, despite the fact that the judge instructed the prosecutor to provide this decision. That is, the judge is not refusing the motion of the lawyers on provision of the decision banning “Koshe Partiyasy”, but simply instructs the prosecutor, and the prosecutor simply fails to comply with the instruction.
At the same time, the trial continues without the main document — the secret decision of the Yesil court banning “Koshe Partiyasy” movement dated 19 May 2021. Judge Yernar KASYMBEKOV does not reprimand the prosecutor, although the prosecutor does not comply with the judge’s instructions.
Instead, the judge says that the prosecutor has already given a «comprehensive answer» (i.e. has not provided a decision banning “Koshe Partiyasy”, referring to the fact that there was a press-release from the General Prosecutor’s Office stating that such a decision by the Yesil court had been issued).
The judge simply replied: «We can’t drag on this issue endlessly», meaning that the activists are being tried in violation of the right of defence under the secret decision of the Yesil court to ban “Koshe Partiyasy”, which has not been published. How can it be that for more than a month the prosecutor has not been able to provide the decision of the Yesil court?
Under this political criminal case the following activists are being prosecuted for alleged «extremism»:
— Political prisoners: Diana BAIMAGAMBETOVA (Article 405 Part 2 — «participation in an extremist organisation»), Askhat ZHEKSEBAYEV, Kairat KLYSHEV, Abai BEGIMBETOV, Noyan RAKHIMZHANOV (Article 405 Part 1 and Part 2 — «organisation and participation in an extremist organisation»).
— Under house arrest: Dametkan ASPANDIYAROVA (Article 405 Part 2)
— Under ban not to leave the place of residence: Gulzipa DZHAUKEROVA, Ninagul DZHUMANIYAZOVA, Yermek KOZIYEV, Marat KURBANOV, Bakdaulet ALIBEKOV, Bolat SMAGULOV, Darkhan VALYIEV (Article 405 Part 2).
They are prosecuted on political grounds for:
— participation, discussion and calls for peaceful protests;
— participation in Asar — building a house for the family of murdered human rights activist and blogger Dulat AGADIL;
— collecting and providing humanitarian aid for the families of political prisoners and political prisoners;
— criticism of the authorities of Kazakhstan;
— defending and promoting human rights and demanding the release of political prisoners.