Description of Kaiyrbek Askar’s indictment

On 13 April 2021 at 16:00 the court on politically motivated case under the Article 405 Part 1 and 2 («organization and participation in the extremist organization») against civil activist and political prisoner #KAIYRBEK Askar will be held.
On 17 March 2021, an investigator of the Investigative Division of the Astana City Police Department, KALZHANOV K.A., drew up an indictment against Askar KAIYRBEK, who is prosecuted under politically motivated Article 405 Parts 1 and 2 («organisation and participation in an extremist organisation»).
The «grounds» under Article 405 Part 1 («organisation of an extremist organisation») were the activist’s actions, such as:
— An attempt to register «Koshe Partiyasy»: «On 10 May 2020 he replied to a Facebook user with the name «Murat TANBAYEV» about plans to register the movement «Koshe Partiyasy»; together with other activists he tried to register the organization «Koshe Partiyasy», which is the new name of the DCK, to legitimize its agitation by distributing agitation materials. Through these actions, he organised the activities of the extremist organisation Koshe Partiyasy;
— Appeal to the international community due to the secret ban on Koshe Partiyasy: «Following the recognition of “Koshe Partiyasy” as an extremist organisation, on 12 August 2020 KAIYRBEK A., together with other supporters recorded a video-challenge stating that Askar «believes that the decision of the Yesil District Court violates their constitutional rights, that Kazakhstan violates international obligations, in particular the obligations stated in the International Covenant on Civil and Political Rights». Called on the representatives of the UN, the European Union, the USA, Canada, Switzerland and the UK «to pay attention to the following facts: on 22 May 2020 at 11:00, 13 active members of the movement «Koshe Partiyasy» gathered near the building of the Yesil District Court of the city of Astana. The activists came to receive an electronic version or a copy of a secret court decision on the recognition of «Koshe Partiyasy» as an extremist organisation and its prohibition. For this appeal they were detained without warning with the use of brute force by dozens of armed officers. Why are the Kazakhstani authorities hiding this decision?»;
— calling for a PEACEFUL precession: «Called on a Kazakh-speaking audience to participate in a PEACEFUL procession called “Subbotage” through his YouTube channel, organised by M. ABLYAZOV»;
This is only a part of the absurd and contradictory accusations described by investigator KALZHANOV.
The political case against the human rights activist KAIYRBEK was vivid proof that the investigators of the Ministry of Internal Affairs and the NSC, judges and prosecutors have no understanding at all of what «extremism» is and what a legitimate civil activity is.
«- Reposting of materials of extremist organizations «DCK» and «Koshe Partiyasy», i.e. spreading the ideology of these organizations, thus taking part in propaganda activities of extremist organizations «DCK» and «Koshe Partiyasy» since the beginning of 2019;
— Commitment to the ideology and direct participation in the activities of the extremist organisations «DCK» and «Koshe Partiyasy», systematically and consciously posting information regarding these organisations on his Facebook pages under the name «Асқар Қайырбек» (Askar Kaiyrbek) and on YouTube under the name «АРЛЫ ҚАЗАҚ»;
— Despite repeatedly being held administratively accountable under Article 488 of the Code of Administrative Offences of the Republic of Kazakhstan for violating the law on peaceful assembly, knowing for certain that the objectives of the «DCK» and «Koshe Partiyasy» are to form a negative image of the authorities, individual bodies and officials, to incite social discord, to seize power by force and change the constitutional order by calling people to mass illegal rallies, on 20 July 2020 at 14:00 posted a video titled «Go ahead, «DCK»! Go ahead, «Koshe Partiyasy», we demand a complete change of power! Come out, the time has come!». The content of this video is to form a protest mood in society and political disobedience, to aggravate and destabilise the socio-political situation.
The semantic content of the above videos posted on the personal Internet page of KAIYRBEK A.K. on Facebook is the same as the ideology of extremist organizations «DCK» and «Koshe Partiyasy» and agitates their activities».
A forensic psycho-philological examination of 26 August 2020 found that «the actions of KAIYRBEK A.K. show signs of participation in the activities of extremist organisations «DCK» and «Koshe Partiyasy»».
Deputy Prosecutor #KILYMZHANOV E.T. approved this absurd and illegal indictment with his signature.
Earlier, on 5 June 2020, the Kazakhstani authorities rejected the appeal of the activists (among whom was Askar KAIYRBEK) against the secret decision of the Yesil court to ban the peaceful opposition movement “Koshe Partiyasy”, stating that they «are not a party to the case» and were not involved in the case. At the same time, the authorities are now politically persecuting Askar as «one of the organisers and participants of the extremist organisation “Koshe Partiyasy”.
 
Aigul Pavel
 

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