In the letter, the convict asks for a new investigation and expresses readiness to make a testimony

Dear Mr. President of the Republic of Kazakhstan, Kassym-Zhomart Tokayev!

I hereby address You, as the Constitution guarantor, with the willingness to draw your attention to the problem of execution of laws in our country, as well as the prejudiced attitudes shown by courts and prosecution. 

By verdict of the Special Criminal Military Court dated 11.12.2012, I was sentenced to life detention for the crime I did not commit. I was deprived from right of just investigation by a competent, independent and unprejudiced court, which deprivation resulted in the conviction of an innocent. 

Investigation performed by the court of the first instance was based on firm presumption of guilt, it was not full and its conclusions were not in conformity with the factual circumstances of the case.

The court verdict was based on falsified proof and evidence that were not in compliance to the principles of veracity and permissibility.

In the result of judicial arbitrariness, I was stripped from the rights of judicial protection, personal freedom, non-usage of torture and honest investigation by a competent, independent and unprejudiced court, which rights are guaranteed to all by the Republic of Kazakhstan Constitution and International Covenant on Civil and Political Rights ratified by the Republic of Kazakhstan. That resulted in the deprivation of an innocent from freedom.

Mr.President, in Your addresses to the nation, you often discuss the “building of the New Kazakhstan, where we will have a Hearing Government”. How can there be justice in a state, where in jails there are people convicted for the crime committed by someone else? How can a Government be referred to as “Hearing”, when formalistic answers come in respond to substantiated arguments regarding violations and falsification of proof? Answers are not given even to simplest questions.

Where is justice, when a person is convicted without proper introduction into the investigative dossier, which dossier is (according to those investigating) supposed to be inclusive of all proving arguments. In fact, my case does not hold water. How is a person supposed to read and understand the contents of 56 volumes of criminal investigation report, 250 pages each, in a matter of just two weeks?

Not only was I not given a single chance to properly review those volumes — by means of threats, I was forced to put my signature confirming that I was given sufficient time and convenience for the full-fledged study of the contents of those 56 volumes. Is it just?

Where is justice, when, in the course of the court proceedings, the Judge showed cynical and derisive attitude to the Constitutional essence of the judicial power, by depriving myself from the right of protection and qualified legal help, as stipulated by Constitution. Figurately speaking, the Judge transformed the judicial process into a “military thematic amateur stage performance” that had nothing to do with the real justice.

In fact, I was convicted on basis of testimonies acquired by means of torture, psychotropic substances and lies.

Falsified proof and evidence were staked into the foundation of the verdict – to the detriment of the principles of veracity and permissibility of data.

In response to my arguments and statements about an assault on the border patrol post, as well as substantiated and proven arguments supporting my position, the investigator of the case threatened my own life, as well as lives and health of my relatives and friends. He, as well, resorted to the usage of psychotropic substances

He forced me to maintain silence and he did not document my testimonies in the proper and legal order.

The introductory section of the verdict, as well as the verdict itself, were inclusive of only some elements of speculations and phantasies of the investigating officer and, onwards, of the Judge, as well as on exaggeration of facts and primitive lies. The real picture of the tragedy remained undisclosed, because of prejudiced attitudes showed by the investigator, the prosecutor and the judge, as well as because of threats and torture.

Mr. President, now, that so many years have passed, I am still ready to shed the light on the tragedy. All those guilty must be brought to the court and duly punished. I am not asking for too much, I just want to be heard and given a chance. I am willing and ready to report what happened.

I am ready to make a testimony before unbiased and unprejudiced investigators.

It has been a long time, since I lost the last illusion that my appeals would be duly reviewed in court and prosecution, because Law is a shallow word for them. 

That is why, Mr. President, probably, You are the one to influence the process in the way, that will cause the re-addressing of my case, and my interrogation, as the only witness, for me to share my substantiated proof and evidence. And, if at all possible, may be You could maintain Your personal control of the new investigation.

Myself and my now deceased Advocate, Mr. S.Sarsenov long time ago proved my innocence at international arena and before the UN Human Rights Committee. 

In their decision, the Committee recommended to Kazakhstan to ensure the effective and executable measures of legal protection. But here, in my own homeland, I cannot resort to my right of such protection.  Is it how things are supposed to be like in a just state under a hearing government? I do not believe that a just state will reject an individual’s willingness to resort to his lawful rights.

Dear Mr. President, I am not asking for too much. I just want to be heard and given opportunity to shed the light on what happened. For that, it is necessary for honest and unprejudiced investigators to document my testimony. And I should be given some minimal time to study the case, which is inclusive of 50 volumes, for me to indicate all violations and proof and evidence falsifications. 

I am willing and ready to tell how it all happened

Dear Mr. President, I very much hope that Your words about a just state and a hearing government were not just words. 

Signed by Convict V.V. Chelakh