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Rezolūcijas priekšlikums - B7-0066/2009Rezolūcijas priekšlikums
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MOTION FOR A RESOLUTION on the situation in Kazakhstan: the case of Yevgeni Zhovtis


with request for inclusion in the agenda for the debate on cases of breaches of human rights, democracy and the rule of law
pursuant to Rule 122 of the Rules of Procedure

Renate Weber, Marielle De Sarnez, Niccolò Rinaldi on behalf of the ALDE Group

See also joint motion for a resolution RC-B7-0062/2009

Procedūra : 2009/2678(RSP)
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European Parliament resolution on the situation in Kazakhstan: the case of Yevgeni Zhovtis

The European Parliament,

-          having regard to its previous resolutions on Kazakhstan,


-          having regard to the European Union's Partnership and Cooperation agreement with Kazakhstan, signed on 23 January 1995 and entering into force on 1 July 1999,


-          having regard to the European Union's Strategy for Central Asia adopted on 23 June 2007,


-          having regard to the EC Regional Strategy Paper for Central Asia 2007-2013,


-          having regard to the conclusions of the tenth meeting of the EU-Kazakhstan Cooperation Council,


-          having regard to Article 10 of the Universal Declaration of Human Rights,


-          having regard to Article 6 of the European Convention on Human Rights,


-          having regard to Rule 122(5) of its Rules of Procedure,



A.       whereas on 26 July 2009 a pedestrian, Kanut Moldabayev, was killed in a car accident involving Kazakh human rights' defender Yevgeny Zhovtis,


B.        whereas on 27 July 2009 Yevgeny Zhovtis was named as a witness in the police investigation opened that same day, whereas Yevgeny Zhovtis's status in the investigation was changed to that of a suspect on 28 July 2009 but whereas, in contravention of Kazakh law, his legal team was not informed of this development until 14 August 2009,


C.       whereas on 3 September 2009, the second day of this trial, Yevgeny Zhovtis was found guilty of manslaughter and sentenced to four years in prison,


D.       whereas Yevgeny Zhovtis is an outspoken critic of human rights abuses and a high-profile advocate of political reform in Kazakhstan,


E.        whereas in the past serious concerns have been expressed over the trials and subsequent imprisonment of other Kazakh human rights' activists, including Ramazan Yesergepov and Sergei Duvanov;


F.        whereas Kazakhstan will assume the chair of the Organisation for Security and Cooperation (OSCE) in 2010,


G.       whereas in June 2008 and again in May 2009, in the context of his country's upcoming chairmanship of the OSCE, Kazakhstan's Foreign Minister Marat Tahzin pledged improvements in the strengthening and upholding of human rights in Kazakhstan,



1.        Expresses its grave concern at the manner in which the investigation into the tragic incident that resulted in the loss of the life of Kanut Moldabayev and the way in which the subsequent trial was conducted;


2.        Draws attention to allegations that testimony in Mr. Zhovtis's defence was not admitted into evidence during the trial;


3.        Calls on the Kazakh authorities to carry out immediately a second full and fair investigation, with full respect for transparency and the rule of law, into the circumstances surrounding the death of Kanut Moldabayev and to review Yevgeny Zhovtis's conviction and sentence accordingly;


4.        Urges the Kazakhstan Government to honour its commitments under the Partnership and Cooperation agreement with the EU, in particular the commitment to the rule of law, respect for human rights and strengthening of political freedoms;


5.        Insists that a full commitment to these principles of respect for the rule of law, human rights and political freedoms must be demonstrated and upheld if Kazakhstan is to assume the chair of the OSCE in 2010 and calls on the OSCE to proceed accordingly;


6.        Instructs its President to forward this resolution to the Council, the Commission, the UN Secretary-General, the EU Special Representative for Central Asia, the OSCE, the Council of Europe, and the Government and President of Kazakhstan.