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10 November, 2011
General Prosecutor of the Republic of Kazakhstan
Dear Sirs Manfred Warda and Jyrki Raina,
General Prosecutor of the Republic of Kazakhstan considered your appeal regarding strikes of oil and gas companies in Mangistau region.
We draw your attention to the fact that from the very beginning and to the end of the strikes to all participating parties guaranteed rights to freedom of expression, realization of peaceful assemblies, protection of their rights and freedoms, including the courts, have been granted by the Constitution of the Republic of Kazakhstan
The strikers' demands for better working conditions and increased wages with raising coefficients, which, in their opinion, were not taken into account, were the subject of proceedings in court and have been carefully, thoroughly, objectively and impartially investigated by a court with the participation of all stakeholders in the review of claim requirements of the employers to recognize strikes illegal.
Court ensured full competition and equality of parties, right of the strikers (respondent) to be protected, independent election and protection of their position, qualified legal counsel, right to present evidence and participate in their study, to apply with requests and to give verbal and written explanations to the court.
Upon review of the case the strikes at JSC «Ersay Caspian Contractor» (court decision of 05.18.2011), a joint-stock company «Karazhanbasmunay» (court decision of 20.05.2011), a joint-stock company «Ozenmunaygas» (court decision of 05.27.2011) and LLP "Zhondeu » (court decision of 06.01.2011) have been recognized by the court illegal.
Despite this, the government together with the TU representatives of the companies repeatedly, practically every day, before and after the recognition of the strikes illegal by the court, conducted outreach with the strikers on the unreasonableness of their demands. Their attention was drawn to the fact that in 2009, 2010 and 2011 the salary of the workers in these enterprises increased three times. During this period, their average salary has increased by 100 thousand tenge (or 690 U.S. dollars) and became 340 000 tenge (or 2300 U.S. dollars), which is today one of the highest in Kazakhstan.
As a result of the above outreach large number of strikers returned to their jobs.
Please also be advised that having sufficient legal grounds for dismissal, employment remained even for the organizers and active participants in the strike. The dismissal of some of them took place only after all measures on their return to work have been taken.
Currently, the strike at these companies ceased.
As part of the prosecution of A. Sokolova (Article 164, part 3, art. 334, part 2 of the Criminal Code of the Republic of Kazakhstan), K. Sisenbaev and A. Aminov (Art. 334, part 2 of the Criminal Code of the Republic of Kazakhstan), which were the main organizers of illegal strikes, we state that such persons are granted by the court with all procedural rights provided by law for the protection of the criminal process.
The sentences in respect of such persons entered into force. K. Sisenbaev and A. Aminov fully acknowledged their guilt, and they didn’t appeal against sentence in superior court.
In addition, I draw your attention to the fact that the arguments about the frequent beatings and threats against the oil workers and their families were not confirmed. No appeals on such cases to the police of Mangistau region have been reported.
The police of Mangistau region filed a suit on the facts of the murder of J. Turbaev and J. Karabalaeva under Art. 96 of the Criminal Code, under which appointed the judicial examination, interviewed relatives of the victims, residents and employees of nearby objects to the scene. Some other investigative actions aimed at the disclosure are carried out.
The investigation of criminal cases is taken under control of the Prosecutor General’s Office.
Deputy Director-General
Prosecutor of the Republic of Kazakhstan A. Kravchenko