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Kazakstan: Fear of imminent execution: Vladimir Nikolayevich KARDASH

, رقم الوثيقة: EUR 57/006/1998

Amnsety International feras that Vladimir Nikolayevich Kardash, a policeman, may face imminent execution following an unsuccessful appeal agianst his death sentence to the Supreme Court in March 1998. He was found gulity of the murder of three men but claimed his confession was made under duress.

PUBLIC AI Index: EUR 57/06/98
EXTRA 38/98 Fear of imminent execution 29 May 1998
KAZAKSTAN Vladimir Nikolayevich KARDASH
________ ___________ ______
Amnesty International fears that Vladimir Nikolayevich Kardash may face
imminent execution following an unsuccessful appeal against his death sentence
to the Supreme Court in March 1998. His only hope of avoiding execution is
now a successful review of his sentence by the Clemency Commission (see below).
Vladimir Nikolayevich Kardash, a policeman, was reportedly sentenced to death
for the murder of three men, including a police officer, at the police station
in the village of Auliekol, Kostanaysk region, on 11 April 1997. He was found
guilty of premeditated and aggravated murder
Vladimir Nikolayevich Kardash denies the charges. He claims that the murders
happened after a drunken celebration organized by his superior officers.
Vladimir Nikolayevich Kardash, who was the most junior officer at the station,
alleges he was forced, by beatings and death threats from other police officers,
to confess to carrying out the murders while in a state where he was not
responsible for his actions. The findings of a local psychiatric investigation
supporting the confession were allegedly overturned by a later examination
in the capital, Almaty. He also alleges that a formal complaint against his
ill-treatment, made to the procurator, received no response and that there
were serious investigative errors in his case.
Amnesty International opposes the death penalty in all cases and without
reservation, on the grounds that it is a violation of the right to life and
the right not to be subjected to cruel, inhuman or degrading treatment or
punishment as proclaimed n the Universal Declaration of Human Rights.
BACKGROUND INFORMATION
Some 56 death sentences were passed and at least 35 people were executed in
Kazakstan in 1997. Among these was Oleg Gorozashvili who was executed in April
1997 despite an undertaking from the authorities that allegations of serious
investigative and judicial errors in his case would be thoroughly investigated
first.
Petitions for clemency are reviewed by the Clemency Commission before being
referred to the President of Kazakstan for final confirmation (the Commission
may also review cases where the prisoner has not submitted a petition for
clemency, although it is not clear whether a review is automatic or discretionary
in such cases). The Commission meets once a month. If clemency is refused,
execution is carried out no later than four days after the decision. Execution
is by shooting by a single shot to the back of the head. On average, the period
between the passing of a death sentence and the execution, including appeal
and clemency proceedings, is one year.
RECOMMENDED ACTION: Please send telegrams/faxes/express/airmail letters in
Russian or your own language:
- urging the Clemency Commission to recommend that the President grant clemency
to Vladimir Nikolayevich Kardash and commute his and any other death sentences
that come before him;
- expressing unconditional opposition to the death penalty as a violation of
the right to life and the right not to be subjected to cruel, inhuman or degrading
2
treatment or punishment as proclaimed in the Universal Declaration of Human
Rights;
- expressing sympathy for the victims of crime and their families, but pointing
out that the death penalty has never been shown to deter crime more effectively
than other punishments, and is brutalizing to all involved in its application.
APPEALS TO (please note fax tones may be difficult to obtain):
The President of Kazakstan, Nursultan Nazarbayev
Respublika Kazakhstan, 480091 g. Almaty (Alma-Ata)
Pl. Respubliki, 4, Apparat Prezidenta
Prezidentu Respubliki Kazakhstan NAZARBAYEVU N.A.
Kazakstan
Telegrams: Prezidentu Nazarbayevu, Apparat Prezidenta, Almaty, Kazakstan
Faxes: + 7 3272 63 76 33 / 63 70 33
Salutation: Dear President
Chairman of the Presidential Clemency Commission of Kazakstan, Igor Rogov
Respublika Kazakhstan, 480091 g. Almaty
pl. Respubliki, 4, Apparat Presidenta
Komissiya po pomilovaniyu
Predsedatelyu Rogovu I., Kazakstan
Telegrams: Komissiya pomilovaniya, Almaty, Kazakstan
Faxes: + 7 3272 53 45 38
Salutation: Dear Sir
COPIES TO:
Chairman of the Presidential Human Rights Commission of Kazakstan, Yerkesh
Nurpeisov
Respublika Kazakhstan, 480091 g. Almaty
pl. Respubliki 4, Kommissiya po pravam cheloveka
pri Presidenta Respubliki Kazakhstan
Predsedatelyu Nurpeisovu Ye., Kazakstan
Faxes: + 7 3272 63 76 33
The Procurator General of Kazakstan, Stepan Shutkin
Respublika Kazakhstan, 480099 g. Almaty (Alma-Ata)
ul. Zheltoksan, 189, Prokuratura Respubliki Kazakhstan
Generalnomu prokuroru SHUTKINU S., Kazakstan
Faxes: + 7 3272-53 27 30
The Chairman of the Supreme Court of Kazakstan, Maksud Narikbayev
Respublika Kazakhstan, 480103 g. Almaty (Alma-Ata)
ul. Sovetskaya, 66, Verkhovny Sud Respubliki Kazakhstan
Predsedatelyu NARIKBAYEVU M.S., kazakstan
Minister of Foreign Affairs of the Republic of Kazakstan, Kasymzhomart Kemel-uly
Tokayev
Respublika Kazakhstan, g. Almaty (Alma-Ata)
Ministerstvo inostrannykh del Respubliki Kazakhstan
Ministru TOKAYEVU K.K., Kazakstan
Faxes: +7 3272-63 13 87
and to diplomatic representatives of Kazakstan accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 26 June 1998.

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