The Human Rights Watch reference to the General Prosecutor of Kazakhstan

July 30, 2008

Prosecutor General Rashid Tusupbekov

Office of the Prosecutor General

Ul. Seifulllna 37

0100000 Astana, Republic of Kazakhstan

Via Facsimile: +7.717.221.7162

Via email: gp-rk@prosecutor.kz 

Dear Mr.  Prosecutor General, 

I am writing to request your urgent intervention to stop efforts to impose forced psychiatric treatment on Mr. Nurlan Alimbekov. Mr. Alimbekov, a philosopher and academic from Shymkent, was arrested on August 16, 2007 for allegedly inciting interethnic and religious hatred by sending personal email messages to several persons and organizations. Throughout the past year he underwent repeated psychiatric examination by court-appointed teams of medical examiners. 

The matter is urgent, as on July 31, 2008 the Shymkent City Court will determine whether Mr. Alimbekov should be sentenced to compulsory psychiatric treatment.  Human Rights Watch believes that a decision that could place Mr. Alimbekov in indefinite forced psychiatric detention and subject to non-consensual medical treatment would be incompatible with Kazakhstan’s international obligations as a party to the International Covenant on Civil and Political Rights (ICCPR).  Forced medical treatment is an interference with the right to respect an individual’s privacy including bodily integrity, guaranteed under article 17 the ICCPR. It can only ever be legitimate when carried out strictly in accordance with law, serves a legitimate purpose and observes the principle of proportionality. In the circumstances of Mr. Alimbekov’s case, we are concerned that the imposition of psychiatric detention and treatment on him may be an abuse of the system and in fact is intended to silence a man who has been critical of the government.

We ask that Mr. Alimbekov’s psychiatric state be examined by a team of independent medical examiners and that subject to a determination that he poses no threat to either himself or others, that he be immediately released from custody until he stands trial for the incitement charges. 

 According to court documents, between May 10, 2007 and July 4, 2007 Mr. Alimbekov allegedly wrote three different letters that made disparaging references to Russia, the KGB, President Nazarbayev, and presumably also to Islamists in Shymkent. These letters were allegedly forwarded by Mr. Alimbekov to 25 individuals and organizations, but according to his brother, Mr. Alimbekov denies that the email address from which they were sent is his own.

The views in the email messages were identified by Investigator Mr. T. Turmanov as publicly inciting interethnic and religious hatred.  Mr. Alimbekov was arrested on August 16, 2008 in a village in Baldiberek Tolebi Province by officers of the Kazakhstan National Security Committee (KNB) and charged with violating article 164-1 of the Kazakhstan Criminal Code (KCC), “publicly inciting interethnic and religious hatred,” a crime punishable by up to five years’ imprisonment.  

According to Orazimbet Alimbekov, Nurlan Alimbekov’s brother—who served as his legal representative in the early phase of the case—KNB officers beat Mr. Alimbekov on the way to and at the KNB temporary detention facility (SIZO), breaking several of his teeth and a rib.  According to his brother, as a result of the severe beatings, Mr. Alimbekov confessed to sending one of the three email messages.  The following day, on August 17, 2007, Mr. Alimbekov hired a lawyer and retracted his confession, explaining he confessed only after being beaten.  Mr. Alimbekov was denied medical treatment for his injuries.  While Mr. Alimbekov was in detention, law enforcement

officials confiscated his computer without a warrant and submitted as evidence material illegally acquired from it. 

One week after his arrest, Mr. Alimbekov was sent to Shymkent to undergo a court- ordered psychiatric evaluation. He was found mentally unstable and in need of additional psychiatric evaluation.  On October 28, 2007, Mr. Alimbekov was sent to a special psychiatric medical facility in Almaty.  Medical experts at this facility confirmed earlier findings, and a court sentenced him to two months of forced psychiatric treatment at Aktas Specialized Psychiatric Hospital starting on February 22, 2008.

On April 23, 2008, the Al-Farabi District Court of Shymkent ruled that Mr. Alimbekov needed yet additional psychiatric evaluation, for which he was sent back to Almaty. This time, the court-appointed experts concluded that “visible signs of [Mr. Alimbekov’s] psychiatric disorder have been apparent since 2002” but at the moment he committed the alleged crime, Mr. Alimbekov “understood the factual character and danger of his actions and was in control of them.”  The commission concluded that he undergo compulsory treatment for an indefinite amount of time and that he is not in condition to stand trial at this time1. 

Given the absence of any record or indication of mental illness or disabilities prior to Mr. Alimbekov’s arrest we are deeply concerned by this sudden turn of events where Mr. Alimebkov is at risk of being forced to undergo medical treatment. We also fear that the psychiatric confinement, together with the criminal charges against Mr. Alimbekov, are being used simply to silence a government critic.

The speech attributed to Mr. Alimbekov in the current charges against him may have been offensive and insulting but in no way can be construed as incitement. The speech may be unpleasant but it is protected under article 19 of the ICCPR.

In prior years, Mr. Alimbekov published numerous articles that were highly critical of Kazakhstan’s public officials, for which he received threats and faced an attempted assault.  According to Mr. Alimbekov’s brother, since December 2006,  Mr Alimbekov has also come under the close scrutiny of local law enforcement officials.  Officials checked the government register to see if Mr. Alimbekov is a registered drug user. They also made an official inquiry into the ownership of the apartment Mr. Alimbekov was living in at the time.  Both letters were submitted as court material against Mr. Alimbekov in 2007.

In view of Kazakhstan’s upcoming chairmanship of the Organization of Security and Cooperation in Europe (OSCE) in 2010, it is especially important that Kazakh authorities abide by the rule of law.  We ask that you ensure that Mr. Alimbekov is not subjected to psychiatric treatment against his will, to ensure that he have access to an independent medical examiner, and to take the incitement charges under your personal control and ensure that they are not being brought groundlessly. 

Human Rights Watch expresses its sincere hope that the government of Kazakhstan will guarantee Mr. Alimbekov his right to a fair hearing and freedom of speech.

Thank you for your attention to this urgent matter.

Sincerely,

Holly Cartner

Executive Director

Europe and Central Asia Division

Human Rights Watch