United Nations Should Review Miscarriage of Justice in Kazakhstan

By Open Society Justice Initiative, PRNE
Sunday, January 31, 2010

NEW YORK, February 1 - The case of Evgeniy Zhovtis, one of Kazakhstan's leading human rights
defenders, should be reviewed by the UN Human Rights Committee, said the Open
Society Justice Initiative today in a letter filed with the body.

"Zhovtis is one of Kazakhstan's most dedicated human rights lawyers, and
we are deeply disturbed that he has been imprisoned after an unfair trial,"
said James A. Goldston, executive director of the Open Society Justice
Initiative. "With Kazakhstan chairing the Organization for Cooperation and
Security in Europe this year, it needs to show that it respects basic
standards of law and justice."

In September 2009, Zhovtis was convicted of unintentional vehicular
manslaughter and sentenced to four years in prison after accidentally killing
a man walking down the middle of an unlit road. During the trial, Zhovtis'
defense team was blocked from presenting expert evidence which demonstrated
that he could not have prevented the accident. Several international
observers have pointed to a number of procedural violations during both the
investigation and trial. The appeals process failed to adequately address
these flaws.

The letter of introduction, filed jointly with the Kazakhstan
International Bureau for Human Rights and the Rule of Law, outlines
Kazakhstan's failure to provide Zhovtis with a fair trial in keeping with its
international commitments. The letter calls on Kazakhstan to open a new
investigation into the accident, to be conducted with proper respect for due
process.

"If Kazakhstan fails to release Zhovtis and open a new investigation, the
UN Human Rights Committee offers a last chance for justice," said Goldston.

Evgeniy Zhovtis was chair of Soros Foundation Kazakhstan from 1999 to
2002; he is the recipient of many international awards for his work. An
outspoken advocate for human rights in Kazakhstan, including freedom of
religion and assembly, and electoral reform, Zhovtis also actively
participates in various government commissions, bringing his expertise and
insights as a human rights defender.

The Open Society Justice Initiative (www.justiceinitiative.org)
uses law to protect and empower people around the world. Through litigation,
advocacy, research, and technical assistance, the Justice Initiative promotes
human rights and builds legal capacity for open societies.

Rachel Aicher, raicher at sorosny.org, +1-212-548-0135, or +1-917-595-8347 (mobile)

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