October 1, Almaty, Aron Atabek, who had been convicted in 2006 for 18 years’ imprisonment under Article 272 of the Criminal Code of the RK for rioting in the Shanyrak microdistrict, was released upon a motion from the prison administration to replace the unserved part of the punishment with a milder one due to the illness of the convict in accordance with Article 75 of the Criminal Code of the Republic of Kazakhstan for the remaining 1-year term with the establishment of probation supervision[1].
October 1, Almaty, Almat Zhumagulov, who had been convicted in 2018 for 8 years’ imprisonment under Article 256, Article 174 of the Criminal Code of the RK, was released upon a motion filed by the convict to replace the unserved portion of the custodial sentence with a lesser sentence under Article 73, Part 2 of the Criminal Code of the RK for the remaining term of 3 years and 5 months[2].
On October 1, in Nur-Sultan city, 10 participants of the rally near the Embassy of China with the slogan “For the release of relatives from reeducation camps” were detained. They were fined under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan in the amount of 102095 tenge for conducting the rally on September 21, 2021: Akikat K, Kazybek G, Yermekbai N, Myrzan A, Kosdaulet G, Kunbolat B, Omirali G, Maken Zh, Akytkhan H, Kurmanalieva G.[3].
October 1, Shymkent, Amirov Yerulan, Article 174, Part 1, Article 256, Part 1, Article 405, Part 2 of the Criminal Code of the RK, was again taken for conducting an additional psychiatric examination in the Mental Health Center in Almaty at: 117, A.Kekilbaeva street (former Kablukov street)[4].
October 4, Almaty, Zhanbolat Mamay, the court collected a fine in the amount of 140 016 tenge from the activist for his refusal to remove the video about former akim Bauyrzhan Baibek in accordance with the judicial decision of Auezov district court № 2 dated June 15, 2021[5].
On October 7, in Almaty, the Kazakhstani news site HOLANews at https://holanews.kz/was inaccessible for many users during three days. The administration of the website, in a statement released on the night of October 7, reported that “for the last 48 hours, the HOLANews website has been blocked”[6].
On October 11, in Almaty city the Almalinskiy district court sentenced the activists Zheksebayev A., Klyshev K., Begimbetov A., Rakhimzhanov N. under Article 405, Part 1/2 of the Criminal Code of the RK (organization and participation in an extremist organization) for 5 years of imprisonment and 5 years of prohibition on social and political activity. The other 9 trial participants were sentenced from 1 to 2 years of restriction of liberty and 3 years of prohibition of public and political activities; they were also sentenced to pay an involuntary fee of 10 MCIs (28,780tg) to the Victims’ compensation fund: Diana Baimagambetova (was released immediately from the detention facility), Dametkan Aspandiyarova, Gulzipa Dzhaukerova, Ninagul Dzhumaniyazova, Yermek Koziev, Marat Kurbanov, Bakdaulet Alibekov, Bolat Smagulov, Darkhan Valiev[7].
On October 12, in Nur-Sultan city the activists of the Democratic Party of Kazakhstan was placed under administrative arrest under Article 434, Part 1 of the Administrative Offences Code of the Republic of Kazakhstan for participating in the protest rally for «writing off non-performing loans» and demanding to meet with the Chairman of the National Bank of the Republic of Kazakhstan : Duisebaeva A. for 5 days, and Tleuzhan A. for 2 days, Gabdulina M., Ibrayeva G., Mametova L., and Taigulova M. were fined in the amount of 14585 tenge under Article 443, Part 1 of the Administrative Offences Code of the Republic of Kazakhstan. Both S. Mirmambetov and G. Mirmambetov received a “warning”[8].
October 13, Almaty, AbishevKenzhebek, who had been convicted in 2018 to 7 years of imprisonment under Article 256, Article 174 of the Criminal Code of the RK, was released under Article 73 of the Criminal Code of the RK after replacing 2 years 4 months and 20 days of the unserved part of the sentence with a lesser sentence[9].
On October 14, in Almaty, Aron Atabek, who was released earlier, was placed in intensive care in a comatose state and hooked up on a ventilator. His family refused to give the address of the medical facility in order to prevent journalists and the public from worrying him unnecessarily[10].
On October 15, in Almaty, the founders of the HOLANews website (https://holanews.kz/) Alisher Kaidarov, Adilet Tursynbek, and the editor-in-chief Zarina Akhmatova made a decision to leave the project because of the pressure and because the information from “Pandora’s Dossier” was removed from the site[11].
On October 15, at the 76th session of the UN General Assembly, Kazakhstan was elected to the UN Human Rights Council (HRC) for the term 2022–2024. The priority areas of Kazakhstan’s work in the Council will include the promotion of gender equality and empowerment of women, the universal abolition of the death penalty, and fight against all forms of intolerance, and promoting freedom of religion and belief. It will also work towards upholding and assuring inclusive and universal education, as well as respect for human rights in the context of the COVID–19 pandemic[12].
On October 18, in Almaty, Abay Begimbetov, Askhat Zheksebayev, Kairat Klyshev, Noyan Rakhimzhanov and Ulasbek Akhmetov, who were sentenced to different terms of imprisonment under Article 405 of the Criminal Code of the Republic of Kazakhstan, made a statement to the Members of the European Parliament and the UN: “We ask you to protect our interests as we do not believe in justice in Kazakhstan anymore. We definitely became certain that justice in Kazakhstan is not independent, and that it has neither honor nor dignity”[13].
On October 18, in Zhana-Ozen, an administrative court declared the strike of hundreds of workers at the oilfield services company KEZBI illegal, after they went on strike repeatedly since last summer, seeking higher wages and bonuses. They have recently renewed their protest. The oil workers do not agree with the court’s decision. They believe that the problem has not been adequately addressed [14].
October 18, Almaty, according to human rights activists, about 300 people were hold accountable under Art. 405 of the Criminal Code of the RK over the past 3 years as alleged participants of the DCK and the Koshe partiyasy movements for their political opinion. The first movement was established by M. Ablyazov and was prohibited in 2018; the second movement was founded by activists and was put under a ban in 2020 after the court and prosecutor’s office considered that the DCK was “transformed” into the Koshe Partiyasy.[15].
October 19, Pavlodar region, Aksu, Kurmanov Embergen was sentenced to 10 days of arrest under Article 488, Part 12 of the Administrative Offences Code of the RK for his appeal on his YouTube channel to support the DCK rally on October 23[16].
October 19, 2021, Yereimentau District Court, Akmola region, Akisheva Aizhan. The pro-government Public Foundation Ar-Bedel (which earlier acted against other activists as well) filed a lawsuit against the activist “to prohibit actions that violate rights and pose a risk of future harm”[17].
On October 20, in Almaty, Zhumagulov Almat in his interview to journalists told about systematic human rights violations in the field of medical care in the LA-155/14 Penitentiary Institution in Zarechnoye village. Namely the lack of skilled health professionals, medicines, and medical equipment for treatment[18].
On October 20, in Shymkent, the Court of Appeal dismissed an appeal of Dosmambetova Lyazzat, who was sentenced to 2.5 years of restriction of liberty under Article 405, Part 1/2 of the Criminal Code of the RK[19].
On October 20, in Almaty, Amrenov Kanatkhan was sentenced to 15 days of arrest under Article 488 part 11 of the Administrative Offences Code of the Republic of Kazakhstan for participating in a picket near the InterContinental Almaty hotel on 5 October, 2021[20] to prevent his participation in the rallies on October 23, 2021 announced by the DCK.
On October 20, in Nur-Sultan, the Court of Appeal dismissed an appeal of Lesbayeva Altyn, who was sentenced to 2 years of restriction of liberty and 3 years of prohibition to participate in public and political activity under Article 405, Part 2 of the Criminal Code of the RK.
On October 20, in Almaty, political prisoner Klyshev Kairat, who was sentenced to 5 years of imprisonment under Article 405, Part 1/2 of the Criminal Code of the RK, was hospitalized in the medical unit of the LA-155/18 Penitentiary Institution with an attack of pain in both kidneys because of the cold and lack of heating[21].
On October 21, in Nur-Sultan, President Tokayev K.K. addressed the Assembly of Peoples of Kazakhstan: “We have adopted a very good law on peaceful assemblies. Whatever one may say, this is a solid step forward in the development of democracy. There are no restrictions on peaceful assemblies, demonstrations. You don’t even have to get any official authorizations. These assemblies, these demonstrations can be held subject to prior notification. But some of our citizens think that they can violate even this small requirement for some reason. I warn you that such practices will be subject to legal assessment[22].
On October 21, in Almaty, Khuanysh Doszhan was sentenced to 15 days of arrest under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan for participating in a picket near the InterContinental Almaty hotel on October 5, 2021 to prevent his participation in the rallies on 23 October, 2021 announced by the DCK
On October 21, in Uralsk, Urazbayev Amangeldy was sentenced to 20 days of administrative arrest under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan for participating in a rally on September 25, 2021 to prevent his participation in the rallies on 23 October, 2021 announced by the DCK[23].
On October 21, in Kostanay Yesseneyev Medet, was sentenced to 4 days of arrest under Article 669, Part 1 of the Administrative Offences Code of the Republic of Kazakhstan for failure to execute a court order[24] to prevent his participation in the rallies on 23 October, 2021 announced by the DCK.
On October 21, in Nur-Sultan, President Tokayev K.K., at an expanded session of the Council of the Assembly of the People of Kazakhstan, said: “We have adopted a very good law on peaceful assemblies. Whatever one may say, this is a solid step forward in the development of democracy. There are no restrictions on peaceful assemblies, demonstrations. You don’t even have to get any official authorizations. These assemblies, these demonstrations can be held subject to prior notification. But some of our citizens think that they can violate even this small requirement for some reason. I warn you that such practices will be subject to legal assessment”[25].
On October 23, in Uralsk, Yeskendirova Marua was sentenced to 20 days of arrest under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan for participating in an illegal rally on September 25, 2021 to prevent her participation in the rallies on 23 October, 2021 announced by the DCK[26].
October 23, Nur-Sultan, Aset Abishev: «They took me to a remote district police station. Nothing was explained to me. There was no summons or order. I am right there now. I don’t know which district. I have been here for a few hours». A few hours later he was allowed to go free[27]. The detention was related to the rally announced for October 23, 2021
On October 23, in Almaty, Astana Square, which was announced as the place of the rally, was fully occupied by the police, which prevented people who came here to gather in groups, some people were detained, mobile Internet did not work. Citizens reported that they were called to the police, detained, or prevented from going outside because there were police officers outside their houses. However, some people were able to hold spontaneous pickets[28].
October 23, the final information about the political persecution at the rallies announced on October 23: 1) preventive persecution (from October 18 till October 22, 2021): 24 cases in 13 cities and populated areas (including 3 administrative arrests for up to 20 days for alleged “violation of Law on Peaceful Assemblies”). 2) October 23 (the day of protests): 81 cases in 24 cities and populated areas(29 arbitrary detentions, 1 administrative arrest for 20 days for alleged “violation of the Law on Peaceful Assemblies”). The authorities of Kazakhstan, in response to the notifications submitted by civic activists, 5 times refused, on political grounds, to hold peaceful assemblies on November 23, 2021 in Aktau, Uralsk and Zhanaozen. Full details can be found by the reference[29].
On October 25, in Nur-Sultan, people with special needs were protesting again in front of the Ministry of Labor. Disabled persons demanded benefits, housing and rights. They claim that they are badly in need of help from the state[30].
On October 25, in Uralsk, several dozens of orphanage alumni living in the Shanyrak hostel demanded that they be given the apartments they are entitled to under the law. The orphans were about to come to the West Kazakhstan Oblast Akimat building and informed journalists of their intention, but the authorities visited the Shanyrak hostel themselves[31].
October 26, Almaty, Akhmetov Ulasbek, Article 405, Part 1/2 of the Criminal Code of the RK; the Court of Appeal changed his measure of punishment based on the protest of the prosecutor and finally sentenced him to 2.2 months imprisonment and a ban on social activities for 5 years with serving his sentence in a medium security facility. The court imposed to recover 20 MCI (55,560 tenge) of legal expenses for the forensic examination to the Victims’ Compensation Fund[32].
On 26 October, in Almaty, Zhanbolat Mamay was called to the city police department. The ground was a criminal case opened under Article 378, Part 2 of the Criminal Code of the RK (insulting a representative of the authority with the use of mass media or telecommunication networks) during the rally on September 18, 2021 at the monument named after Abay[33].
On 26 October, in Almaty, in the Almalinskiy District Court No. 2, hearings began regarding a petition from Alnur Ilyashev for recognition as a victim of political repressions. The petition filed with the court was based on Article 2 of the Law “On Rehabilitation of Victims of Mass Political Repressions” of the Republic of Kazakhstan of 14 April 1993[34].
On October 27, in Nur-Sultan city, deputies of the Mazhilis approved in the first reading the draft law “On the Commissioner for Human Rights in the Republic of Kazakhstan”. During the entire term of office, the Commissioner for Human Rights may not be subjected to detention by the police and administrative penalties. All this should ensure that the Ombudsman has legal immunity, which will help him to exercise his powers to protect human rights in a qualitative and effective manner[35].
On October 27, in Almaty, an anonymous administrator of the satirical fake IG-public QazInform24 stated that he had received threats and that he was closing his public. It was later reported that he had given the keys and passwords of the public to other people and the public continued its work[36].
On October 27, in Almaty, according to relatives, Aron Atabek recovered from the coma, but all the time he sleeps from weakness. He cannot breathe without artificial ventilation, does not speak, cannot eat on his own, and is fed intravenously. Doctors say his tests are a little better than they were in the first few days[37].
On October 27, in Uralsk, Yeskendirova Marua, was sentenced to 20 days of administrative arrest under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan. She appealed against the court’s decision, denying her guilt. The court dismissed the complaint [38].
October 27, Pavlodar, Kaluova Nurgul, Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan. The court refused an application for parole. The ground for the refusal was a video provided by a security officer, with Kaluova calling “Stop being afraid, stop being silent[39].
October 27, Kyzylorda, Yershibaev Yerzhan was sentenced to 5 years of imprisonment under Article 106, Part 2 of the Criminal Code of the Republic of Kazakhstan. A court hearing was held to review a petition for parole filed by the convicted person. The court refused the application because the disciplinary charge had not been dropped yet[40].
October 27, Nur-Sultan, Aidar Syzdykov. 2 criminal cases under Article 131 of the Criminal Code of the RK (insult committed in public or with the use of mass media or telecommunication networks) and 1 civic case under Article 143 of the Civil Code of the RK (on protection of honor, dignity and business reputation, compensation for moral harm) from relatives and employees of the ECC-166/1 Penitentiary Institution (Nurseyit Asset, Maygeldinova Gaukhar, Askarova Akbayan, Abdikarimova Ansagan, Kusembay Rinata, Kozanova Saltanat) were opened against the activist for his participation in the online program “Karabety of the Week”[41] about ill-treatment in the ECC-166/1 Penitentiary Institution.
On October 27, in Balkhash city, Karaganda region, the city court started the consideration of a complaint filed under the procedure of private prosecution against civic activist Aidar Syzdykov. The activist is charged under Article 131, Part 2 (insult committed in public or with the use of mass media or telecommunication networks) of the Criminal Code of the Republic of Kazakhstan. The grounds were the complaint of Ansagan Abdikarimova, mother of the employee of the detention facility of EC-166/1 Penitentiary Institution[42].
On 27 October, in Almaty, several Glovo couriers, who were about to go on strike in front of the Almaty Akimat, were detained by law enforcement authorities and brought to the police department of the Almalinskiy district. One of them was Zhenis Orynaliev, the leader of the unregistered union of couriers[43].
On October 27, in Almaty, Alnur Ilyashev, who was earlier convicted for a critical post against the party of power “Nur Otan” demanded in the Almalinskiy district court № 2 that he be recognized as a “person directly subjected to political repressions”[44].
On 28 October, in Uralsk, activists again received refusals in response to their notifications to hold rallies. Refusals in response to the notifications submitted by the activist Bekbolat Utebaev to conduct rallies on 22, 25, 26 and 27 October 2021 from 12:00 to 14:00 are politically motivated: allegedly the local authorities organize cultural activities in all specified locations. It was the 139th refusal to hold a rally[45].
On October 29, in Almaty the city Akimat refused human rights activists Toregozhina Bakhytzhan and Ageleuov Galym in holding a march on November 20, 2021, referring to quarantine restrictions. The answer of the Deputy Head of the Department of Social Development of the city A. Esenbekov: “At present there is a prohibition on public events, according to the decree of the Chief Public Health Officer of Almaty “On quarantine restrictions” № 29 of 17.09.2021”[46]. At the same time, an authorization for the rally of the El Tiregi party on December 1, 2021 was issued.
On October 29, in Almaty, in the LA-155/18 Penitentiary Institution, political prisoner Abay Begimbetov suffered from a hypertensive crisis and severe headaches. Begimbetov was taken early in the morning from the pre-trial detention facility to see a primary care physician to the outpatient clinic No. 24. Abay was given medication for diabetes as part of the SFMA (Statutory Free Medical Assistance) and CSHI (Compulsory Social Health Insurance). A primary care physician gave him a referral to the dermatovenerologic dispensary because of the exacerbation of his chronic illness[47].
On October 31, in Taraz, at the ZhD-158/2 Penitentiary Institution, political prisoner Bagdat Baktybayev, who was sentenced to 2 years under Article 405 part 1/2 of the Criminal Code of the Republic of Kazakhstan, swallowed nails in protest. His cellmates demanded emergency medical assistance, but the officer on duty responded that it was the day off and refused to call an ambulance in the absence of his superiors[48].
Infographics from the site www.kuresker.org of political persecution of civil activists from 05.10.21- 04.11.21[49].
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[1]https://rus.azattyq.org/a/31487430.html
[2]https://rus.azattyq.org/a/31487002.html
[3]https://rus.azattyq.org/a/31488899.html
[4]https://www.facebook.com/toregozhina/posts/4721074341238447
[5]https://rus.azattyq.org/a/31491969.html
[6]https://rus.azattyq.org/a/31497066.html
[7]https://rus.azattyq.org/a/31502832.html
[8]https://orda.kz/semeryh-uchastnic-lezhachej-akcii-u-nacbanka-v-stolice-zaderzhala-policija/
[9]https://rus.azattyq.org/a/31506406.html
[10]https://rus.azattyq.org/a/31520283.html
[11]https://orda.kz/10-dnej-blokirovki-rukovodstvo-hola-news-zajavila-ob-uhode/
[12]https://orda.kz/kazahstan-izbrali-v-sovet-po-pravam-cheloveka-oon/
[13]https://rus.azattyq.org/a/31519116.html
[14]https://rus.azattyq.org/a/kazakshtan-zhanaozen-kezbi-workers-strike/31519431.html?fbclid=IwAR3O—JX8zZkC—N_z2iBurdqDs2xt32R_WkEiRbl3JdVAS29ITo1GZgfrY
[15]https://rus.azattyq.org/a/kazakhstan-dck-koshe-partiyasy-criminal-prosecution-of-activists/31513198.html?fbclid=IwAR2FskaMpACEA-loLo4uor3pGWi40zeR4FeV9t_rTy3_ARwJeRMUMfTliMw
[16]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3106666476319281/
[17]https://www.facebook.com/toregozhina/posts/4761110410568173?__cft__[0]=AZVn76t8ly5ICPdzmpwHOaRtC_jUOiM7nVBX7xQ-9kSGKMvcqKkXwg7iRR_smdqm_fPsqex8DzM3wU0W8oVwviwHQ4TWB69H4x_f8ZdjaHkt4ZdQ62_5KZ4T6xIo7yEWqT1J1FLArRrHaJ2PxqI0cJip&__tn__=%2CO%2CP-R
[18]https://www.youtube.com/watch?v=km7BvXHhgaI
[19]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3106477386338190/
[20]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3107098242942771/
[21]https://www.facebook.com/toregozhina/posts/4766353430043871
[22]https://rus.azattyq.org/a/31522170.html?fbclid=IwAR2A5uHF9sE0VrcoYYz-Oby0YexKnkvijFGBVRGjxqRuyrcd8Y4Kyvsx08Y
[23]https://rus.azattyq.org/a/31522877.html
[24]https://www.facebook.com/groups/ActivistsNotExtremists/permalink/3111117135874215/
[25]https://kaztag.kz/ru/news/narusheniyam-zakona-o-mirnykh-sobraniyakh-budet-dana-pravovaya-otsenka-poobeshchal-tokaev?utm_source=facebook&utm_medium=cpc&fbclid=IwAR3-EfIKVyRcw0AANEX7cNR1ikzwC5ZbhGbbEFdTD5YgvX9GCWeabbowvhk
[26]https://rus.azattyq.org/a/31526030.html
[27]https://rus.azattyq.org/a/31525852.html?fbclid=IwAR1RPgK20ymSNGvyv2cYvlFSDoUPAbYnKe2lPfZjxMV_1gEaewsIsZKz1mo
[28]https://rus.azattyq.org/a/31525712.html?fbclid=IwAR1w4NGSEv7QK-CDp9ZA8ct5CKOLy7afPtdUh_2pF6qxowgY6n6ue2FQ7hk
[29]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3116935721959023/
[30]https://rus.azattyq.org/a/kazakhstan-nur-sultan-disabled-persons-rally/31528538.html?fbclid=IwAR3e-R7g0345gspyKZc7ZMLRq3kHvV_2Q4W4WCNwFzn6AkxJbzyxX01Mh7A
[31]https://rus.azattyq.org/a/31528523.html?fbclid=IwAR3tmM0xqkyn1X-X8JiHYFcXkr41vUXJZDe8oR2S7nSr_9HILxfUqtQc4Js
[32]https://rus.azattyq.org/a/31529935.html
[33]https://rus.azattyq.org/a/31530406.html
[34]https://orda.kz/alnur-iljashev-vnov-trebuet-v-sude-priznat-sebja-zhertvoj-politicheskih-repressij/
[35]https://bureau.kz/novosti/kazahstanskij-ombudsmen-prirastaet/
[36]https://www.instagram.com/p/CVo4jW-BUJH/
[37]https://rus.azattyq.org/a/31531974.html
[38]https://rus.azattyq.org/a/31532044.html
[39]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3113753698943892/
[40]https://www.facebook.com/toregozhina/posts/4791133064232574
[41]https://www.youtube.com/watch?v=sTkaBCTTM0g
[42]https://rus.azattyq.org/a/31533633.html?fbclid=IwAR1y9u956RPYp7d2Qg7pMJ8KPXau12EAEL2pwQjCuFzWAQdzwg16zTPdn4I
[43]https://vlast.kz/novosti/47228-neskolko-kurerov-kompanii-glovo-byli-zaderzany-pered-nacalom-zabastovki-vozle-akimata-almaty.html?fbclid=IwAR2zrMW4aZOssoFXvDwJiyX_XfxzArS3hCPfnlzqmicGtc-jtfKvakmbVIw\
[44]https://rus.azattyq.org/a/31530715.html?fbclid=IwAR2tUnWof4OpWZCtVFYpOSMQDjhC8m47h8ib1KS9g7h5cRaPq1wl2Z7uL84
[45]https://www.facebook.com/permalink.php?story_fbid=1038383246928694&id=100022710849711
[46]https://rus.azattyq.org/a/31535137.html
[47]https://www.facebook.com/toregozhina/posts/4794472780565269
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