MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN from 1 to June 30, 2024

June 1, Astana, Institution No. 64, Syzdykov A., Article 297, Part 2 of the Criminal Code of the Republic of Kazakhstan, filed a complaint against Darkhan Kaidarkhan, an employee of the regime department, who had physically threatened him. Syzdykov A. fears for his safety[1].

June 1, Astana, the Constitutional Court and the Prosecutor’s Office restored the rights of 26 citizens (from pension rights to the rights of convicted persons). Judicial acts were not in accordance with the Constitution. According to the results of the examination of the conformity with the Constitution of the Republic of Kazakhstan, the judges of the Constitutional Court in eight out of 45 final decisions have come to the conclusion of the unconstitutionality of legal norms, and in thirteen cases an interpretation in conformity with the Constitution has been given [2].

June 3, Uralsk, activist Yeskendirova M. received a summons to the regional prosecutor’s office as a witness to the events of January 2022. An oral invitation was also received by the activist Orazbayev A. The Regional Prosecutor’s Office of Western Kazakhstan informed that the General Prosecutor’s Office of Kazakhstan was “continuing” the investigation[3].

June 4, Almaty, City Court began consideration of the appeal of journalist Maricheva D., author of the project ProTenge. The court of first instance previously found her guilty of ”placement, dissemination of false information”[4].

June 4, Almaty, “Our authorities think that it is possible to kill 2 people in the TDF by torture, and yet neither the head of the police department nor the head of the temporary detention center are responsible”, said human rights defender Toregozhina B.[5].

June 4, Astana, “Social networks that spread illegal content, which threaten national security and ignore the recommendations of the Ministry of Information will be partially or completely blocked on the territory of Kazakhstan”, – said Minister Balayeva A. on the platform of AFM-online 2024[6].

June 4, Almaty, KIBHR presented the results of its long-term work on the creation of an electronic library on human rights and a database of documents “International Obligations of the Republic of Kazakhstan”. The electronic library on human rights and the database of documents “International human rights obligations of the Republic of Kazakhstan” have been created[7].

June 5, Astana, political prisoner Zhylanbaev M., Articles 258, 405 of the Criminal Code of the RK, 7 years’ imprisonment: the Supreme Court refused to consider his appeal against the sentence. The Supreme Court stated that there were no grounds to consider the appeal in cassation. The trial was held in closed session; Zhylanbaev M. was not himself brought before the court[8].

June 5, Astana, Kazakhstan State Councilor Karin E. has warned citizens against any attempts to “shake” and divide society. “All citizens, in particular, those who are engaged in public and political life, regardless of their political views and affiliations, should put the national interests, the preservation and strengthening of statehood above all else”, – said Karin E.[9].

June 5, five young activists, three of them students, founded the anti-nuclear movement STOP Steppe Organization for Peace in Kazakhstan and have already participated in an international anti-nuclear meeting at the UN. They support a total ban on nuclear weapons in the world and say they have the right to demand it, taking into account the consequences of the nuclear tests conducted by the Soviet Union on the territory of Kazakhstan[10].

June 6, Almaty, the court’s decision to impose a fine on journalist Maricheva D., the author of the ProTenge project, was upheld by the court’s appeal board. The court of first instance had previously found her guilty under Article 456-2 of the Criminal Code of the RK for “placing, disseminating false information”[11].

6 June, Zhetysu region, Alakol district, Mukin A.: The court detained the blogger for 10 days for disobeying the police. On May 24, Mukin A. was taken to the police station, where he allegedly resisted. The blogger pleaded not guilty in court and accused the police officers of dereliction of duty[12].

June 6, Astana, the Senate approved the law “On Mass Media” and approved in two readings the related amendments, which have been repeatedly criticized by human rights defenders and the media community. The new regulations will make it possible to deny accreditation to foreign media, and the Ministry of Culture and Information will establish a new type of monitoring for violations of moral, cultural and family values. The monitoring will be conducted by a specialized service[13].

June 6, Almaty, “The journalistic community managed to defend its positions in many respects during the development of the draft law ‘On Mass Media’. We appreciate the fact that the statute of limitations has been reduced to one year and the deadline for answering inquiries to 5 working days. The law provides for the allocation of grants to non-governmental mass media and introduces the idea of the special status of a journalist”, said the Adil Soz Foundation[14].

June 6, Astana, activist Bokayev S., the initiator of the petition on the recycling fee, said that they refused to come to the meeting, because they were asked to give up their phones, and they planned to conduct a live broadcast of the meeting. Therefore, Bokaev S. refused to participate in the meeting of the working group on recycling fee[15].

June 6, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from May 30 to June 6, 2024[16].

June 6, iAstana, the Supreme Court overturned the verdict of Arman Zhuman, a serviceman, Article 451 of the Criminal Code of the RK, who was sentenced to 7 years imprisonment in the case of the death of 4-year-old Aykorkem Meldekhan during the Qantar events. The criminal case was considered in closed session. Judicial acts of the lower instances were annulled, the case was sent to the appellate court for retrial[17].

June 6, Almaty, A. Ilyashev at a meeting at the press center of the Kazakhstan International Bureau for Human Rights and Rule of Law informed that he lodged a cassation appeal to the Supreme Court with a demand to cancel the decision to exclude the Taliban from the list of terrorist movements. According to Ilyashev A., the appeal should be considered by the Judicial Board on Civil Cases of the Supreme Court[18].

June 7, Almaty region, Zhaugashty village, Tleuzhanova A., Article 272 of the Criminal Code of the RK, 4 years of imprisonment. The activist and journalist had a microstroke, according to her lawyer Aidarkhanova A. It happened on May 10, but at that moment she could not publicly inform about the microstroke without medical confirmation[19].

June 7, Astana, a petition for the return of the former time zone, which was published on the official petition service e-Petition, has collected 50 thousand signatures, which are required for official consideration. According to the agency, the term of consideration of the petition is up to 40 working days from the moment of its registration[20].

June 7, USA, activist Baibolat Kunbolatuly, one of the most consistent participants in picketing outside Chinese diplomatic missions by relatives of Kazakhs imprisoned in Xinjiang, has left with his family for the United States. They spent 80 days on this dangerous journey[21].

June 9, Astana, Kazakhstan’s Ministry of Information and Culture has reported that a petition to ban “LGBT propaganda” in Kazakhstan, posted on the official service epetition.kz, has collected the number of signatures required for official consideration[22].

June 9, a court in Kazakhstan arrested Kyrgyz national A. Gorshenina, wanted in a criminal case of threats or violence in connection with the implementation of justice, at the request of Russia[23].

June 10, Astana, Suyunbaev Sh., deputy chairman of the committee of the Ministry of Industry and Construction, assured the arriving activist Kulbasov E. that the meeting on the petition on the recycling fee will be shown and publicized. During the meeting the media will continue filming. However, the official did not answer the activist’s question why the initiators of the petition were not allowed to film the event with their mobile phones[24].

June 10, Astana, the investigation against journalist Adilbekov D., author of the telegram channel “Dikaya Orda” (Wild Horde), who is charged with knowingly false denunciation under Article 419, Part 3 of the Criminal Code of the RK, on the complaint of journalist Gulzhan Ernalieva (YouTube channel “Yelmedia”), has been completed. His lawyer Mautkanov A. informed about it[25].

June 10, United States, several UN mandate holders sent an official letter to the government of Kazakhstan as early as March 18, 2024, where they expressed concern about the criminal case against Smailova D., founder of the foundation “NeMolchi”. The UN has expressed concern that the judicial proceedings against Smailova D. “were not conducted in accordance with procedural safeguards”, the report says[26].

June 11, Almaty, Almaty Specialized Interdistrict Criminal Court, Nauryzbay District. The court found eleven defendants guilty of attacking the presidential residence and the Akimat during the January events. 10 defendants were sentenced to 1 year and 9 months imprisonment each. Another defendant was sentenced to 4 years in prison. The Court found that the accused had participated in the mass disturbances that occurred on January 4 and 5, 2022[27].

June 11, Akmola Regional Court upheld the guilty verdict against 4 men who were found guilty of beating and killing activist Baktybaev G. in Atasu settlement, Ulytau region in 2019. The court left without satisfaction the appeals of the convicted and their lawyers[28].

June 11, Astana, the Supreme Court rejected the cassation appeal against the sentence of political prisoner Danebayev T., Article 174 of the Criminal Code of the RK, 3 years imprisonment. T. Danebayev himself was not brought to the trial[29].

June 11, Ust-Kamenogorsk, City Court No. 2 sentenced 2 residents of the city to 5.1 years of imprisonment under Articles 179, 180 of the Criminal Code of the RK (seizure of power and separatist activity)[30].

June 11, Taldykorgan, Askar Nursapa, former head of the police department of Taldykorgan, who was protecting the building of the Almaty region Akimat during the events of January 2022, does not agree with being drawn into the criminal prosecution in the case of the attack on the city police building[31].

June 11, Aktau, residents of the 19th microdistrict blocked one of the main roads in front of their houses because their homes had been without water for several weeks. The regional police department announced that the residents would be held administratively responsible for such actions[32].

June 11, Turkestan region, Ordabasinsk district, Muhammedov Nurzhon, Article 669, Part 1 of the Criminal Code of the RK, was sentenced to a fine of 18460 tg, for failure to execute the sentence under Article 405 of the Criminal Code of the RK, namely, a 3-year restriction on social and political activity[33].

June 13, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from June 6 to June 13, 2024[34].

June 13, Almaty, KIBHR appealed to the Constitutional Court of Kazakhstan to protect the rights of a foreign citizen who was denied a permanent residence permit (PRP) without explanation. This legislative provision not only violates the constitutional rights of the applicant to protection of her family and judicial protection, but also contravenes the principles of legal certainty and proportionality[35].

June 13, Astana, the first meeting of the working group to consider the petition on recycling fees ended without results. The meeting at the Ministry lasted several hours, but the parties failed to reach an agreement, according to activist Bokaev S., the initiator of the petition[36].

June 14, Astana, Astana court extended the arrest of journalist Adilbekov D., Article 419, Part 4 of the Criminal Code of the RK until July 27. He is accused of false denunciation for publications in the Telegram channel “Dikaya Horda” (Wild Horde)[37].

June 14, Akmola region, Stepnogorsk city, Institution No. 4, M. Zhylanbaev, Articles 258, 405 of the Criminal Code of the RK, 7 years of imprisonment. M. Zhylanbaev called from the colony. In his words, he is in need of a lawyer as soon as possible. Marat has serious concerns about his safety and conditions of detention, as his voice sounded worried[38].

June 14, Astana, Institution No. 64, Syzdykov A., Article 297, Part 2 of the Criminal Code of the RK, went on hunger strike because the investigation refused to appoint his wife Tokpaeva A. as a public defender. In his official statement, in case of his death, he blames the authorities of Kazakhstan. Namely, President Tokayev K., the Minister of the Interior and the Prosecutor General[39].

June 14, Ulytau region, Satpayev city, the court, having considered the claim of activist Nasyrkhanov B., without his participation in the court session of the parties, dismissed the claim for revision of the court decision on the basis of newly discovered circumstances[40].

June 17, Konaev city, activist Zhamuratov A., Article 405, Part 1/2, Article 258, Part 1 of the Criminal Code of the RK. The trial of a political prisoner took place. The prosecutor claimed that there was a secret witness, that’s why he applied for a closed trial. The prosecutor’s motion was granted by the judge[41].

June 17, Astana, jurors will consider criminal cases on torture in detention facilities. This pilot project in Kazakhstan will start in 2025. The ombudsman Lastaev A. made a statement to this effect[42].

June 17, Akmola region, Stepnogorsk city, Institution No. 4, Zhylanbaev M., Articles 258, 405 of the Criminal Code of the RK, 7 years’ imprisonment. Zhylanbaev M. demands an immediate meeting with Ombudsman Lastaev A. “I am in danger from the staff of Institution No. 4. I ask you to come as soon as possible. I have already written to you that I do not need protection from human rights defenders. I wrote it under duress”, Zhylanbayev M. said in his statement[43].

June 18, Kyiv, an assassination attempt was made on the owner of the channel “Base” Aidos Sadykov. An unidentified person opened fire on a car with two people inside and then fled. A. Sadykov, a journalist, is known for his criticism of President Tokayev K.[44].

June 19, Akmola region, Stepnogorsk city, Institution No. 4, Zhylanbaev M., Articles 258, 405 of the Criminal Code of the RK, 7 years’ imprisonment. Abishev A., a friend of Zhylanbaev, and Toiken S., a journalist, could not get a short-term visit to Zhylanbaev. The administration of the institution did not allow them to meet[45].

June 19, USA, 6 criminal cases were filed against Dinara Smailova, founder of the #NeverMolchyKZ Foundation. UN Special Rapporteurs and a Working Group found Smailova’s prosecution to be politically motivated, and the Office of the UN High Commissioner for Human Rights called on the government of Kazakhstan to investigate the case[46].

June 19, Astana, Zhaksybay K.: A resident of the capital was punished for a video about protests against the construction of a gold-producing mill in the village of Maraldy, East Kazakhstan region. The court decided to impose a fine of 30 MCI (110 thousand tenge) for posting and spreading false information[47].

June 19, Atyrau, the court held a preliminary hearing on the claim of activist Bokay M. against the Police Directorate of the city of Atyrau, the Police Department of the city of Atyrau, the Ministry of Internal Affairs of the RK under Article 480, Part 1 of the Criminal Code of the RK on the recognition as illegal the administrative act of March 01, 2024 on the prohibition of travel for personal purposes to the cities of Almaty and Astana[48].

June 20, Akmola region, Stepnogorsk city, Institution No. 4, Zhylanbaev M., Articles 258, 405 of the Criminal Code of the RK, 7 years’ imprisonment. The representative of the human rights ombudsman for Akmola region Ablai Mukhanzharov (former prosecutor) informed that he has visited prisoner M. Zhylanbaev[49]

June 20, Kyiv, the General Prosecutor’s Office of Ukraine published on its website notices against two Kazakh citizens Altay Zhakanbaev, born in 1988, and Meiram Karataev, born in 1991. The investigation revealed that they had received an order from a person not identified by the preliminary investigation to commit the premeditated murder of a Kazakh citizen Sadykov A.[50].

June 20, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from June13 to June 20, 2024[51].

June 21, Human Rights Watch (HRW) has expressed concern regarding the recent shooting of A. Sadykov in Kiev. HRW considers that country authorities should conduct an effective investigation and ensure that journalists are able to carry out their activities without fear of reprisals[52].

June 21, Kazakhstan detained one of the suspects, A. Zhakanbaev, who was suspected of the attempted murder of journalist Sadykov A. Altai Zhakanbaev himself went to the police, after which he was interrogated and arrested on suspicion of the attempted murder on the same day. The Prosecutor General’s Office does not disclose in which region of the republic Zhakanbaev A. was detained. It is also not known whether he confessed to his crime[53].

June 23, Astana, Institution No. 64, Syzdykov A., Article 297, Part 2 of the Criminal Code of the RK; Syzdykov continues his hunger strike with the demand to have his wife as a public defender! He was visited by lawyer Doskaraev M. Aidar, lost weight and his blood pressure dropped[54].

June 24, Mangistau region, the workers of the Zhalgiztobemunai Company, which is engaged in the development of the Zhalgiztobe field, stopped work. The workers demanded the cancellation of the decision to dismiss their comrades and their return to work[55].

June 24, the village of Aksu, Akmola region, environmental activist Sizov Alexander, who has been working on environmental issues in his region, succeeded in getting the court to overturn the decision that found him guilty of defamation against the gold processing factory. The court’s decision went into effect, but can be reviewed in cassation proceedings[56].

June 24, Atyrau, Vertinskaya O., journalist alleges pressure and harassment by prosecutor Aitimov R., who calls for police arrest and detention in response to citizens’ questions[57].

June 24, Mangistau region, Zhanaozen city, activist Dosekeeva Zh. The court found her guilty of defamation under Article 73-3, Part 2 of the Criminal Code of the RK with the use of social network “Tik-Tok” and sentenced her to a fine of 465192 tg.[58].

June 25, New York, Human Rights Watch (HRW) says that while the new Law on Mass Media contains some changes that should “improve the existing status quo”, such as lowering the statute of limitations for publications, “some of its provisions threaten to impede the work of local and foreign journalists”[59].

June 25, Almaty, activists Yestayeva Zh. and Seytkhan K. told a press conference about the extremely strange criminal case against activist and single mother with many children Turlybekova S. from Zhanakorgan, Kyzylorda region. The police detained her on March 6, and on March 13 the Investigative Court placed her under house arrest. The charge against her is very unusual, she is accused of blackmail[60].

June 25, Almaty, in the criminal case of torture in the village of Koshmambet, Almaty region during the events of Qantar now officially recognized as victims 23 citizens of Uzbekistan, reported the director of the International Legal Initiative Shormanbaeva A.[61].

June 25, Mangistau region, senior officials of OilTransport Corporation and its contractor West Oil Software were detained as part of investigations into cases of embezzlement of funds. Hundreds of West Oil Software employees have been protesting for about 4 months since December 2023[62].

June 25, Astana, the working group has approved the draft decision on the petition to prohibit participation in gambling for civil servants and law enforcement officers. This was the first approved petition within the framework of the Online Petition Institute, which was established on the instructions of the head of state[63].

June 26, several human rights organizations urged Central Asian governments to take concrete measures to end torture and ill-treatment on June 26, the International Day in Support of Victims of Torture[64].

June 26, Akmola region, Stepnogorsk, Institution No. 4, the lawyer met with Zhylanbaev M., Articles 258, 405 of the Criminal Code of the RK, 7 years of imprisonment. Zhylanbaev M. has been on hunger strike since June 21, 2024, because on June 20 he was placed in the disciplinary isolation ward for regime violators under the “safe place” program because of a conflict with other prisoners who threatened him with bodily harm[65].

June 26, Almaty, Tashimova S., an eco-activist who has often participated in actions against the construction and felling of trees, is again threatened with 25 days of administrative detention for a meeting of residents in February 2024 against the construction of a bath complex on the territory of the neighborhood square. The meeting was considered by the police as a rally to overthrow the government[66].

June 27, Shymkent, journalist Nizovkina M.: the court found illegal the actions of the inspector of the police directorate of Turanskiy district of the Police Department of the city of Shymkent, Tazhenov D.A., who drew up the protocol. According to Article 843, Part 4 of the Criminal Code of the RK, the decision on the administrative offence should be annulled. The court left the material claim without consideration[67].

June 26, Washington, D.C., the U.S. Department of State released a new International Religious Freedom Report 2023. The Kazakhstan section of the report states that observers reported that the country continued to detain, fine, arrest, and imprison people on the basis of their religious beliefs or membership in a particular religious denomination during the past year[68].

June 27, USA, San Francisco, Kazakh activists organized a rally in support of the opposition activist Sadykov A. The authorities of Ukraine are investigating the attempted murder of him. The demonstrators held a photo of Sadykov A. and a leaflet with the following words in English: “Tokaev and Putin are murderers”[69].

June 28, Karaganda, the city Court has considered the complaint of the father of the schoolgirl Anel, who was expelled from the “Nazarbayev Intellectual School” in 2023 for missing classes, which she was not allowed to attend because she refused to remove her white headscarf for religious reasons. The court found the expulsion of the student because of the headscarf illegal and ordered to reinstate her in the school [70].

June 28, Atyrau, Vertinskaya O. held a picket on the square of Makhambet and Isatay. She has not yet received a permit and a response to her request for permission to hold a picket from the Atyrau Akimat. The journalist is trying to draw attention to the pressure and harassment exerted on her by Aitimov R., the prosecutor[71].

June 28, Kyiv, The assassination attempt has “unambiguously political background”, Ukrainian lawyer Morgun D. said in a comment to the YouTube channel Base, describing how the investigation into the attempted assassination of Sadykov A. in Kyiv is proceeding[72].

June 28, Astana, the head of the Senate of Kazakhstan Ashimbayev M. said that Astana “does not extradite its citizens to other states”, this includes the suspects in the attempted assassination of journalist Sadykov A. Suspects – two citizens of Kazakhstan Zhakanbayev A. and Karataev M[73].

June 28, Astana, the Commission under the President of Kazakhstan on pardon issues refused to pardon the ex-head of the National Security Committee Masimov K., who was convicted on January 2022 events[74].

June 29, Reporters Without Borders (RSF) called for the repeal of the media law and its replacement with a genuine reform. Ms. Cavelier Jeanne, speaking on behalf of the organization, said: “We are particularly concerned about the new media law because the government is already using more and more laws to increase the harassment of journalists, including the ‘spreading false information’ law, which is subject to broad interpretation”[75].

[1]https://web.facebook.com/permalink.php?story_fbid=pfbid02PjKGGgrxHsSkz39oFhTTupQvXnDC5X8phr7PfpcKamugQUnaLkjK7g9zpi8foqQLl&id=100093437112337&_rdc=1&_rdr

[2] https://bes.media/news/konstitutsionniy-sud-i-prokuratura-vosstanovili-prava-26-grazhdan-110880/

[3] https://rus.azattyq.org/a/32977250.html

[4]https://rus.azattyq.org/a/32978198.html

[5]https://web.facebook.com/toregozhina/posts/pfbid0cG7LJfXG2HMdwL6Efc6XRfWBJ9j5TsxBbCD6rAMx8agNMhSJF6Vp5vp78ymdBrbkl?_rdc=1&_rdr

[6]https://web.facebook.com/toregozhina/posts/pfbid0cG7LJfXG2HMdwL6Efc6XRfWBJ9j5TsxBbCD6rAMx8agNMhSJF6Vp5vp78ymdBrbkl?_rdc=1&_rdr

[7] https://bureau.kz/goryachee/biblioteka-po-pravam-cheloveka/

[8] https://rus.azattyq.org/a/32980430.html

[9] https://rus.azattyq.org/a/32980238.html

[10]https://rus.azattyq.org/a/32979736.html?fbclid=IwZXh0bgNhZW0CMTEAAR1cS1P_gkYQcqPHp1NM4yV6PzunHpzoBXcCT8t8NRMiJJcLldKzwZr7mmM_aem_AS19waYZXELbtwavCKoYRzfopJE3cXs6tWYFipGc9qHvyqaIcX3uK4dnUSJzh07KxTMXUWxKqbjdAdGRRV7Yt1Wz

[11] https://rus.azattyq.org/a/32981322.html

[12] https://orda.kz/blogera-arestovali-za-oskorblenie-policejskih-v-oblasti-zhetysu-387393/