The text of the Statement by Official Representative of the Prosecutor-General’s Office of the Republic of Kazakhstan Suyindik Nurdauletov

Jan 16. MFA

The text of the Statement by Official Representative of the Prosecutor-General’s Office of the Republic of Kazakhstan Suyindik NurdauletovIn accordance with the Constitution and the instructions of the Head of State the Prosecutor’s General Office has taken all measures necessary to ensure the rule of law in the course of the election of deputies to the Majilis of the Parliament and maslikhats of the Republic of Kazakhstan.

During the electoral period, issues of strict observance of requirements of the legislation and constitutional rights of citizens by all participants of the electoral process remained top priority for the prosecution authorities.

Every report on violations was subject to thorough verification, and in case of its confirmation, measures were taken to restore violated rights and bring the guilty to statutory responsibility.

In this way, since the day the election was announced prosecutors have submitted 76 acts for prosecution, of which one statement with explanations of the election law was distributed in the media, two proposals to remedy violations were submitted, 28 warnings on inadmissibility of violating the rule of law, and 45 cases on administrative violations were instituted.

At the same time, violations of one or other requirements of the law were isolated cases and did not influence the voting results.

Facts of gross violation of voting right were not recorded.

The fact that election in the town of Zhanaozen under state of emergency in force was held in peaceful atmosphere is of particular note. There were no incidents or accidents related to election.

The town voters’ high activity was noted (turnout was 63.6%).

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Let me now draw your attention directly to the results of the work on resolution of complaints and appeals by physical persons and legal entities.

During the electoral period, including Election Day (104) a total of 536 appeals, including 64 on election to the Majilis of the Parliament and 472 on election to maslikhats, were submitted to the prosecution authorities.

In general, information on violations was not confirmed in the course of corresponding verification.

Cases when reports on violation were substantiated and reliable are isolated. Measures stipulated by the law have been taken on each of these case.

For example, according to the report by deputy candidate to the North Kazakhstan regional maslikhat E.Abiyev, V.Surzhikov was brought to administrative liability for campaigning during the period campaigning was banned (article 99 of the Code of Administrative Procedures, fine was imposed in the amount of 12 monthly calculation indices).

On Election Day isolated violations were also reported.

For instance, secretary of voting station No.225 of the city of Almaty Issa issued voter Yenkebayeva ballots for 3 members of her family in absentia.

The prosecution office of Almaty’s Bostandyk district initiated a case against Issa on administrative infringement of law for issuing ballots for the purposes of granting the opportunity to vote on behalf of other people (article 103 of the Code of Administrative Procedures).

A similar case when a voter was issued ballots for family members in absentia took place at one of the polling stations in the town of Stepnogorsk.

This fact was recorded by the chairman of the station’s election commission in the presence of independent observers while the guilty member of the commission was dismissed from the duties.

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The analysis has shown a sizable number of appeals (60 appeals, or over 11%) on violations were submitted to the prosecution authorities by the “Ar.Ruk.Khak.” non-governmental foundation headed by Bakhytzhan Toregozhina.

These appeals were simultaneously published on an internet website where they transformed into a so called “violation map”.

By the end of voting this internet-map contained some 300 messages on violations of the election law. To date, we have verified 296 of them.

In 281 cases, or 96%, information published on the website was not confirmed, though website administrators presented information as recorded facts of violation.

Meanwhile, the inspection has shown the site published deliberately misleading and flagrantly false signals in the overwhelming majority of cases.

On January 10, 2012, the site published information that principal of school No.156 for talented children in Ust-Kamenogorsk, forced teachers in form of order to vote for the Nur Otan party candidates.

It was established that such educational institution does not exist in Ust-Kamenogorsk at all.

The site also posted a photo with notes in a school record book by Volkova Raisa Vikentyevna, a classroom teacher at secondary school No.10 in Petropavlovsk, asking parents to vote for the Nur Otan party.

As already reported, a teacher with such name does not work at school No.10 in Petropavlovsk.

At the moment, in connection with the complaint submitted to the prosecution office of Petropavlovsk by the school administration, a case on administrative infringement of law over the fact of actions discrediting honour and dignity of candidates and parties aiming to influence the result of voting (article 100 of the Code of Administrative procedures) has been instituted.

On January 11, the site published a report that principal of secondary school No.397 of the Mynshoky village in the Kyzylorda region Saule Sarsenbayeva forced classroom teachers to inform parents about the necessity to vote for the Nur Otan Party candidates.

The same report said principal of the Aibyn College Timur Balaimov forced teachers to bring 10 relatives or close friends to vote for Nur Otan.

As in the previous case, it was discovered that there is no such school in the Kyzylorda region, and neither there are heads of other educational organizations in the region with the mentioned personal data.

On January 13 the website issued information about unlawful actions of chairman of the “Astyk” apartment owners’ cooperative in Astana V.Gorovikov who under the instruction of the akim agitated residents to vote for Nur Otan.

The conducted inspection revealed that “Astyk” cooperative of apartment owners does not exist.

Further, the website posted information on the fact of alcohol intoxication of Azamat Sarykhanov, chairman of the precinct election commission № 96 in Shymkent. Once again the investigation gave the opposite results – the chairman of the commission for the mentioned area is Nasiya Altayeva, Sarykhanov does not even appear among the members of the commission.

Another message from the website also turned out to be untrue – chairman of electoral office № 82 in the city of Taraz Amir Niyazkulov was not in a state of intoxication. It was proved that there is a completely different person (O.Yermekbayev) appointed as the chairman of the commission.

The website also reported about facts of late opening of polling stations, particularly indicating stations № 90 in Ust-Kamenogorsk and № 94 in Shymkent. However, it was proved that opening ceremony of these stations was started at the scheduled time in the presence of international observers.

The list could go on and on, taking more than a dozen similar examples.

The above-mentioned circumstances allow us to make a conclusion that under the guise of independent monitoring this site was used to abuse the audience about the objectivity and transparency of the electoral process.

The fact of frivolousness of the 95 percent of the audited reports of violations points to the main focus of the website of providing untrue information about the status and situation with the electoral rights of citizens.

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On Election Day, a variety of sources have reported the facts of large-scale “ballot stuffing”. Indeed, investigation detected some instances of attempts to undue interference in the voting process, including through implementing the ballot stuffing mechanism.

As it was stated these actions were described as provocative.

For example, in the Auezov district of the city of Almaty at polling station № 426 an unknown person made an act of large-scale “ballot stuffing” and after that escaped an attempt to arrest him.

However, when the ballot boxes were opened up in the presence of observers it was found out that an intruder had thrown not ballots but self made colored sheets of paper that were of similar size to real ballots.

Later, the offender himself voluntarily went to the prosecutor of the Auezov district and explained his action as his desire to test the vigilance of the commission members and observers. This fact led to pre-investigation procedures.

As reported earlier, on Election Day some unknown persons stole ballots in the town of Turkestan in the South Kazakhstan region.

I recall to the fact of stealing ballots while they were delivered to disabled people who had no opportunity to vote at polling stations, by unidentified persons who snatched 27 ballots out of the hands of the members of the visiting commission and ran away in an unknown direction.

This circumstance does not exclude the probability of the misuse of stolen ballot papers during further voting at the polling stations of the town.

However, as a result of operational actions, all 27 papers were found and returned to the polling station.

The investigation procedures are still being carried out. Those who are guilty in violations of the law will be brought to justice.

On the whole, the electoral campaign as well as Election Day itself were held in the atmosphere of stability.

No complaints and petitions of citizens on obstruction of their right to vote have been registered.

The results of supervisory activities in the period of election allow us to conclude that the election of deputies to the Mazhilis of Parliament and maslikhats was conducted in compliance with the Constitution of the Republic of Kazakhstan and Constitutional Law “On Elections in the Republic of Kazakhstan”.