Turkmenistan - UPDATE – human rights defender Mr Andrey Zatoka sentenced to five years in prison
On the morning of 29 October 2009, Dashovuz City Court in northern Turkmenistan sentenced environmental activist Mr Andrey Zatoka to five years imprisonment in a general correctional colony.
Further Information
In a closed hearing, Andrey Zatoka was convicted of intentional bodily harm under Article 108 and Article 279 of the Turkmen Criminal Code. The charges against Andrey Zatoka related to an alleged attack on Mr Adylbek Kazakov, who has three prior convictions for drugs offences. Tuvak Yagmirov, lawyer for Andrey Zatoka, has stated his intention to appeal the case.
Andrey Zatoka has been held since his trial in an isolation unit and has been denied visits by his wife, Mrs Evgeniia Zatoka. Mrs Zatoka has also reported being watched by unknown persons, particularly at her apartment.
It has been reported that the trial was not held in accordance with fair trial provisions. In particular, the case has proceeded in an unusually short period of time. The investigation into the case was carried out and closed between 3PM on October 20 and 5:40 PM on October 24. According to the provisions of Article 50 of the Criminal Code of Turkmenistan on “calculating procedural deadlines”, due to Independence Day holidays on 25-28 October, Andrey Zatoka's trial should not have been held before the 2 November 2009. However, the court denied a petition to have this provision recognised. The early date of the hearing also prevented foreign observers from attending the trial, as there was insufficient time for officials to receive permits from the Interior Ministry to travel across the country to Dashovuz.
The case continued despite Andrey Zatoka's assertion that he had not had sufficient time to acquaint himself with the facts of the case. Witness statements allegedly bore the handwriting of more than one person, and witnesses who alleged that Andrey Zatoka had begun the fight were not in fact present at the beginning of the incident. In addition, independent medical expertise was not permitted to verify Mr Kazakov's injuries.
Andrey Zatoka was arrested on October 20 in the Dashovuz city market place after being attacked by an unknown man, Mr Kazakov. He was arrested by police whilst attempting to defend himself. His alleged victim was said to have suffered from a broken hand and other injuries, despite reports that Mr Kazakov was seen using his hands and washing a car after the incident. Andrey Zatoka was charged on the evening of 24 October during a preliminary hearing in the City Court, during which his court hearing was set for 29 October. After his arrest, he was held incommunicado and denied visits by his wife.
Andrey Zatoka was previously tried in January 2007, when he was sentenced to four years' imprisonment on charges of illegal storage of weapons and trading in poisonous substances, as well as illegal production of snake venom. He served time in prison before receiving an amnesty in September 2007. Since then, he has been prevented from travelling abroad despite his Russian citizenship and the cancellation of his criminal record. Andrey Zatoka has claimed that the harassment against him may be related to his acquaintance with human rights defender Farid Tukhbatullin, a former political prisoner who has been exiled to Vienna, as well as to his work as an environmental activist, particularly as founder of the Dashovuz Ecology Club which was closed by the authorities in 2003.