The case of women's rights activist Dinara Smailova is a wake-up call to state institutions that in such and similar cases there is no room for misapplication of legal norms or nonchalant behavior, as such mistakes result in profound injustice, and even torture or death.
This was concluded at the conference "The Story of Dinara Smailova - from Human Rights Fighter to Refugee", organized by the Civic Alliance (GA).
The statement from the CA recalls that Smail sought asylum for health reasons, because her doctor recommended the sea, as well as because Montenegro is a member of NATO and a candidate for membership in the European Union.
Smailova, it is added, stated that 18 criminal cases are being conducted against her in Kazakhstan, two of which were closed due to lack of evidence, and it all started with her post on social media that women should not remain silent about violence and the establishment of the "Public Movement Against Violence 'NecutiKZ" fund.
Through the fund's work, Smailova has helped thousands of women in nine years, led to the conviction of 315 perpetrators and exposed the systemic passivity of the Kazakh police. More than 200 police officers have been disciplined and 12 police officers have been sentenced to prison for serious crimes.
As the CA said, the Kazakh regime has therefore initiated eight politically motivated criminal cases against her, falsely accusing her of fraud and spreading disinformation, and donors to her fund have been subjected to police interrogations and intimidation.
It is alleged that the authorities have banned Smailova from returning to Georgia, where she has been living in exile, and she has sought international protection in Montenegro.
Smailova thanked the European Parliament, Human Rights Defenders, UNHCR and other international organizations for their support, as well as GA and the Anti-War Fund of Russia for legal assistance.
Her husband, human rights activist Almat Mukamedzhanov, said that official state bodies are corrupt and unprofessional and cover for each other with professional and personal connections.
"Dina is not only being persecuted by the state, but also by murderers, abusers, those with money and power. A Kazakh court acquitted the murderers of a six-year-old child, which caused outrage in society, and Dina is being persecuted because the Fund informed the state about all violations during the investigation," said Almat.
He said that this is just one criminal case, and that there are several hundred of them.
GA's legal advisor and Smailova's representative in the asylum procedure, Petar Vukčević, stated that in the work of GA so far, which has had over a thousand representations, he believes that they have not had such a clear case.
He added that the amount of material and facts that the Asylum Directorate officials had to examine is precisely the reason why there is no solution to this request today.
Vukčević said that the actions of police officers, who, at the prosecutor's office's order, contacted the Kazakh authorities and forwarded information about Smailova, violated a number of principles.
The lawyer in the extradition proceedings from Kazakhstan, Dalibor Tomović, said that the reason for Smailova's extradition was a large-scale theft committed between June and November last year, when she was in Montenegro, which prompted the extradition procedure and her arrest, which happened on April 14.
Tomović believes that both measures imposed, the seizure of his passport and regular reporting to police authorities, are unnecessary, because he is in the process of international protection, which entails monthly reporting to state authorities.
He added that he expects the extradition procedure to continue very soon.
Tomović also stated that he expects a positive decision from the Ministry of Internal Affairs very soon, which will prevent Smail's extradition.
The lawyer in the proceedings in Kazakhstan, Anara Kusainova, explained that the criminal case against Smailova was not initiated based on reports from citizens, but on an official police note, while the donor's statements were obtained under pressure, months later.
The CA statement states that out of seven thousand donors, only eight statements were collected, and the total alleged damage amounts to less than 40 euros, which does not constitute a criminal offense under Kazakh law.
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