MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN from 1 to August 31, 2024

August 1, Konaev city, Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK, delivered his last plea in court. In his last statement the journalist once again denied the charges against him. He also claimed that his guilt had not been proven and insisted that he had not broken the law[1].

August 1, USA, UN experts are urging the government of Kazakhstan to reject the petition “We are against overt and covert propaganda of LGBT in Kazakhstan” submitted to the country’s authorities. A group of 5 UN experts say the petition encourages the adoption of laws that would violate the freedom of expression, peaceful assembly and association on the basis of sexual orientation and gender identity[2].

August 1, Almaty region, Bekzat Maksutkhan, leader of the unregistered party “Atazhurt Partiyasy”, was illegally detained prior to the announcement of the verdict of Muhammedkarim D.[3].

August 1, Atyrau region, Makat district court decided to detain activist Gabdullin G. for 20 days under Article 73-3, Part 2 of the Code of Administrative Offences of the Republic of Kazakhstan. The court found that the words of the activist in social networks are “defaming honor and dignity” of Akim Kazmukhanov K. and also “unreliable”[4].

August 1, Almaty, Overview by the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from July 25 to August 1, 2024[5].

August 1, Ulytau region, Zhezkazgan, the court denied activist Nasyrkhanov B. a review of the rights of miners of this company. The regional court did not change the decision of the first instance, finding that there was no reason to reconsider the case. The activist disagrees with the appeal court’s decision and will file a complaint[6].

August 1, Konayev city, Maksutkhan B., leader of the unregistered party “Atazhurt””, Article 488, Part 6 of the Code of Administrative Offences of the RK, was arrested for 10 days for participation in an illegal gathering on March 22, 2024 in Konayev prior to the announcement of the verdict in the case of Muhammedkarim B.[7].

August 1, Otegen Batyr village, Almaty region, activist Dostiyarov A., Article 488, Aart 11 of the Code of Administrative Offences of the RK, was detained for 20 days because he participated in an unlawful assembly on July 15, 2024 in front of the court building in Konaev on the case of Muhammedkarim D.[8].

August 1, Almaty, a number of activists were arrested under Article 488, Part 6 /11 of the Code of Administrative Offenсes of the RK: Zhumakhanov Zh. (10 days), Atinbaev B. (20 days), Kemelbaev R. (20 days), Khuanysh D. (20 days), Ilipbaev B. (15 days), Kakeev A. (15 days), Keneshbaev E. (20 days), Nurgaziev B. They were sentenced to a fine of 77,532 tenge under Article 488, Part 6 of the Code of Administrative Offences of the RK. According to the verdict, the activists who were detained in front of the court building in Konaev on July 10, 15 and 24 took part in an “illegal gathering” to support Mukhamedkarim D. in court, which took place on August 1, 2024.[9].

August 2, Konaev, the court fined activist B. Belyalov under Article 488, Part 6 of the Code of Administrative Offences of the RK, in the amount of 77532 tenge ($162). The activist was fined for his participation in an illegal gathering in support of Muhammedkarim D. in front of the courthouse on July 27, 2024[10].

August 2, Konaev city, Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK, was sentenced to 7 years in prison. The journalist was found guilty of “financing extremism” and “participation” in an illegal organization. The court also banned him from social and political activity for 3 years[11].

August 2, Astana, at the public discussion of the petition “Let’s turn back the clock!” representatives of the Ministry of Health, Trade, National Economy, Labor and Social Security opposed the adoption of the petition. The representatives of the ministries are of the opinion that turning back the time by one hour will not have any impact on the health of the workers, energy consumption and working hours[12]. Activists were not allowed to discuss the issue.

August 2, Shymkent, Nartaeva G., Article 488, Part 7 of the Code of Administrative Offences of the RK: the activist was sentenced to a fine of 129220 tenge for a solitary picket in front of the Akimat of the city of Shymkent on July 19, 2024[13].

August 5, in Almaty, lawyers and relatives of Muhammedkarim D., who was sentenced under articles 258, 405 of the Criminal Code of the RK, held a press conference where they expressed their opinion that they do not agree with the verdict. They believe that the guilt of Duman, who was charged with “financing extremism” and “participation” in a banned organization, was not proven. Duman’s supporters believe that the authorities are persecuting the journalist for his activism and criticism of the government[14].

August 6, Atyrau, the court rendered a verdict on the application of activist Bokai M. to the Police Directorate and Police Department of the city of Atyrau, to the Ministry of Internal Affairs of the Republic of Kazakhstan on the recognition as illegal the administrative act of March 01, 2024 on the ban on travel for personal purposes to Almaty and Astana. The court decided to refuse to recognize as illegal the ban on departure of Bokai M. Almaty and Astana from 01 March 2024[15][16].

August 8, Almaty region, people who survived torture in Koshmambet at the time of the January events said they feared for their safety and also claimed a conflict of interest. Last month, the suspected police officers were released from the detention facility on their own recognizance. They were also changed the qualification of the crime[17].

August 8, Semey, the court found activist Dosanov E. guilty under Article 667, Part 2 of the Code of Administrative Offences of the RK, “Disobedience to law enforcement officials” and sentenced him to 15 days’ imprisonment. He was also sentenced to a fine of 50 MCI (184,600 tenge or $385) under Article 489, Part 10 of the Code of Administrative Offences of the RK for participation in an unregistered public association[18].

August 9, Astana, the court sentenced former Interior Minister Turgumbayev E. to a suspended 5-year prison term under Article 362, Part 4 of the Criminal Code of RK on the case of abuse of power at the time of the January 2022 events. He is also banned from holding “certain” positions for 10 years. A proposal to deprive Turgumbayev E. of his special rank and state honors will be submitted to the president[19].

August 9, Atyrau region, Makat district, Gabdullin G., appeal of an activist who was under arrest for 20 days (under Article 73-3, Part 2 of the Code of Administrative Offences of the RK) changed his arrest to a fine of 664,000 Tenge ($1,391)[20].

August 9, Astana, Institution No. 64, Syzdykov A., Article 297, Part 2 of the Criminal Code of the RK: the examining court extended the preventive measure against the activist for 1 month until September 16, 2024[21].

August 9, Almaty region, Zhaugashty village, Tleuzhanova A., Article 272 of the Criminal Code of the RK, 4 years of imprisonment. Aigerim received a fine for disobeying the demands of the colony officers not long before the journalist would be granted the right to apply for parole[22].

August 9, Astana, the court dismissed K. Makhanbaev’s civil suit for compensation for property damage caused by illegal actions of DECs and TECs in the course of the elections to the Almaty City Maslikhat for a single-mandate constituency. The court allegedly failed to see a causal link between the time spent campaigning and the number of votes cast in the election[23].

August 9, Almaty, Overview by the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from August 1 to August 9, 2024[24].

August 9, Pavlodar city, police officers came to the dance studio “May Dance” just during classes. They asked a teacher named Aman for an explanatory letter and asked him to come to the police because of a video with dancing in high heels because of alleged LGBT propaganda. The teacher was invited to come to the South Department of the Pavlodar police on August 12, 2024[25].

On August 10, in Uralsk, activists Ilyashev A. and Turymbetov M. were denied permission to hold a rally in Uralsk. During the rally they wanted to demand the cancellation of the recycling fee for vehicles. The reason for the refusal: the square will be occupied for another event. There will be a celebration of Abay’s birthday. When the activists arrived at the square, they saw that the area was empty. They believe that their right to peaceful assembly has been violated[26].

August 11, Taldykorgan, Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK, 7 years imprisonment. He began a hunger strike. “At the moment he is not allowed to make phone calls. All the others were allowed, and only Duman cannot make a phone call. So he is demanding that they either give him a phone or transfer him to Almaty. Duman can be moved to either Semey or Pavlodar. When the sentence comes into effect, they will try to take him away as soon as possible”, says lawyer Nurpeisov G.[27].

August 12, Astana, “Legal Media Center” has accused the Ministry of Information of spreading misinformation. The Ministry of Information, commenting on the draft of new rules for accreditation of journalists, cited the Legal Media Center Foundation, and indicated that representatives of this organization suggested a novelty in the development of model rules of accreditation[28].

August 12, Almaty, Yakutian musician and anti-war activist Ammosov Aikhal, who is being held in Almaty’s pre-trial detention center under extradition arrest, complained about the difficult conditions of his detention. He claimed that other prisoners were losing their hair and attributed it to the prison food. Ammosov A., on the other hand, tries to exercise and refrain from eating prison food[29].

August 12, “about 38 thousand prisoners are held in prisons and pre-trial detention facilities of Kazakhstan. Last year 119 people died in special institutions of the republic, most of them from diseases, including cancer. The prison population in Kazakhstan is constantly growing. This year, the authorities plan to open three more penal colonies”, Azattyk Radio reported[30].

August 13, Astana, the Supreme Court overturned a private decision on the disbarment of lawyers in the case of the “seizure of the airport” at the time of the January events. The five lawyers who defended the defendants in this case were Baizhanov Sh., Aidarkhanov A., Zhuaspayeva G., Aidarkhanova A. and Sadykov V.[31].

August 13, Almaty, lawyers of a group of persons (A. Dzhumageldiev, former head of the 5th department of the NSC Iskakov R. and others) accused in the case of the January events demanded that the trial of their clients be held again in open mode. At the press conference, the lawyers made a public appeal to the President on this issue[32].

July 13, Almaty region, Dolan village, dozens of villagers protest because there is no water. The villagers blocked the road. Police arrived in the village and arrested 5 people. The detention was brutal, one policeman put his arm around the man’s neck, then abruptly pulled him down on the asphalt and held him on the ground. The police officer argued that the man had allegedly pulled off the police officer’s shoulder strap. The arrested man himself denied this claim[33].

August 13, Turkestan region, Ordabasinsk district, Shubarsy village, the court sentenced activist Mukhammedov Nurzhon, Article 669 of the Code of Administrative Offences of the RK, to 5 days imprisonment for not fulfilling the requirement of the verdict of June 15, 2021 on the ban on publications[34].

August 14, Almaty, the court of appeal left unchanged the verdict against the defendants in the so-called “tractor case”, a case of attempted coup d’état. The defendants were sentenced to real terms of imprisonment ranging from 5 to 6 years[35].

August 14, Almaty, thoughts about possible suspended sentence for her client were shared at a press conference by lawyer Kerimova R. She represents in court the interests of Dzhumageldiev A., – accused in one of the high-profile criminal cases, which was opened following the January 2022 events[36].

August 14, in the Turkestan region, the Tolebi district court found N. Tataev guilty of Article 405, Part 2 of the Criminal Code of the RK and sentenced him to one year’s restriction of liberty with a three-year ban on socio-political activity and 100 hours of community service[37].

August 15, Astana, Majilis deputy Yermurat Bapi questioned the information about the return of assets of Satybalda K. and assumed that perhaps Bapi is being prepared for parole or amnesty[38].

August 15 Almaty, Overview by the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from August 8 to August 15, 2024[39].

August 16, Uralsk, Akimat advised activist Utebaeva B. not to hold a hunger strike, because this issue is “not regulated” by the law “On the Procedure for Organizing and Holding Peaceful Assemblies”[40].

August 16, Ust-Kamenogorsk, the court No. 2 has satisfied the petition of the convict Satybaldy K. (nephew of N. Nazarbayev) for substitution of the unexecuted part of the sentence with a milder form of punishment. According to the court’s press release, the convict stated in his petition that he had “fulfilled all the requirements of the legislation” for submitting a petition for substitution of the sentence with a milder form of punishment[41].

August 16, Konaev city, Zhamuratov A., Article 405, Part 1/2, Article 258, Part 1 of the Criminal Code of the RK: the court sentenced the activist to 7 years of imprisonment and 5 years of ban on social and political activity. The sentence was based on the activist’s alleged involvement in distributing leaflets and providing humanitarian aid to politically persecuted families[42].

August 16, Kostanay, Makeshov D., Article 147, Part 1 of the Code of Administrative Offences of the RK, 15 days’ imprisonment for intentionally destroying or damaging other people’s property. For allegedly damaging another person’s phone[43].

August 16, Almaty, a public discussion was held on the possible construction of Kazakhstan’s first nuclear power plant. The discussion was held with the participation of activists, and the organizers of the event tried to prevent the activists from getting a microphone[44].

August 19, Konaev, Almaty Regional Court canceled a decision to fine B. Belyalov 77532 tenge (about $160) for his presence outside the courthouse while the closed hearings in the Muhammedkarim D. case were underway[45].

August 19, Almaty, M. Abdumanapov was detained by police officers. He was fined 129000 tenge under Article 488, Part 11 of the Code of Administrative Offences of the RK for his participation in the trial of Mukhamedkarim D.[46].

19 August, Shymkent, Abieva A., Zholdasova A. and Konyshbay E., Article 488, Part 6 of the Code of Administrative Offences of the RK. They were fined 110760 tenge for holding a rally on 31 May in front of the Ministry of Justice demanding the registration of the party “Alga, Kazakhstan!” and the release of “political prisoners”. The court reduced the fine by 30% to 77,532 tenge for Abiyeva A., who has a group 2 disability[47].

August 19, Astana, the Ministry of Foreign Affairs published amendments to the accreditation rules for foreign media agencies and their journalists on the portal “Open Laws and Regulations” (Open NPAs). The new version tightens accreditation requirements, introduces new regulatory mechanisms and simplifies the process of electronic submission of documents. The proposed amendments include more than a dozen paragraphs that provide grounds for suspending or revoking the accreditation of journalists from foreign media outlets[48].

August 20, Akmola region, Stepnogorsk, lawyer Doskaraev M., human rights defender Sadvakasova Aya and the chairman of the party “Alga, Kazakhstan!” which is still in the process of formation Dzhakhin A. came to meet with Zhylanbaev M. and deputy head of the colony Baikadamov K. Marat Zhylanbaev has ended his hunger strike and his health is gradually normalizing[49].

August 20, Aktobe, the court decided to recover from the state 300 thousand tenge in favor of Sisenov A., as compensation for moral damage resulting from the actions of police officers. He will also be paid the amount of lost income of 400 thousand tenge, as he could not go to work because of being in the detention center, and 800 thousand tenge for the lawyer’s fees[50].

August 20, Astana, a public discussion on the construction of the nuclear power plant was held. This is the 20th discussion on the republican referendum. Alleged opponents of the idea to build a nuclear power plant were not allowed to enter the main meeting hall[51].

August 20, Almaty, Medina Fatima Baisar filed a lawsuit against the Ministry of Science and Higher Education. She had to do this because otherwise the Ministry of Science and Higher Education of the Republic of Kazakhstan does not respond to appeals concerning the problem of applicants and does not address it. The applicants lost their scholarships because of the illegal quota for emergency situations (for flood victims in the regions)[52].

August 21, Ulytau region, Zhezkazgan, 11 employees of the Criminal Executive Committee were sentenced to prison terms from 4 to 7 years for torture. Seven employees of the Criminal Executive Committee and four servicemen from this system tortured 11 prisoners in the Ulytau region[53].

August 22, the Human Rights Foundation (HRF) has submitted to the UN materials on the case of Zhylanbaev M. The documents on the persecution of the leader of the unregistered party “Alga Kazakhstan!” were sent to the UN Special Rapporteurs on freedom of expression, freedom of peaceful assembly and association, independence of judges and lawyers, as well as to the Working Group on Arbitrary Detention[54].

August 22, Astana, the court held preliminary hearings on the case of Suyubaev A., Article 297, Part 2 of the Criminal Code of the RK, who was detained in May on suspicion of “illegal drug possession and distribution”. The case is called “political persecution” by Suyubaev’s supporters[55].

August 22, Kostanay, Makeshov D., Article 147, Part 1 of the Code of Administrative Offences of the RK: the appeal board refused to satisfy the activist’s petition. The decision of the primary court remained unchanged – 15 days of detention[56].

August 22, Almaty, 23 citizens of Uzbekistan for 2 years and 8 months have not been able to prove that during the January events “Qantar” they were tortured in the village of Koshmambet, where law enforcers transported about a hundred people. They were forced to testify and confess to something they did not do[57].

August 22, Almaty, the National Security Committee (“NSC”) initiated a criminal case under Article 366 of the Criminal Code of the Republic of Kazakhstan (bribery) against officials of the Department of Criminal Executive System (“DUIS”) in Almaty, and in Almaty and Zhetysu regions[58].

August 22 Almaty, Overview by the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from August 15 to August 22, 2024[59].

August23, Almaty, deputy Bapi E. has promised to contribute to the release of Muhammedkarim D. “We know that deputies can do it! There are enough levers! Besides, Ereke and Duman are both journalists, and they understand like no one else what the persecution of freedom of expression is all about”, said human rights defender Toregozhina B.[60].

August 23, Almaty, “We believe that you, Mr. Lastaev A., as the leading human rights defender of the country, are obliged to express your position and make a public statement regarding the regular closed court hearings related to politically persecuted citizens of the Republic of Kazakhstan,” human rights defender Toregozhina B. said[61].

Taldykorgan, the Prosecutor General was informed about the failure of the former prosecutor of Almaty region, General Zhylkybaev, to act during the events of January 2022[62].

August 15, Petropavlovsk, “can a listener take photos and audio in the courtroom when the trial is open – a criminal case on a private prosecution? The judge didn’t even ask the parties what they had to say, and didn’t allow photos or sound recordings”, reported human rights defender A.Danchev [63].

August 26, Petropavlovsk, Akylbekov A., activist and journalist. S. Tuleuov, a former police officer, insulted him by posting a comment containing the word “mal” under a video in Tik-Tok. The court found S. Tuleuov guilty under Article 131, Part 2 of the Criminal Code of the RK and sentenced him to pay a fine of 21 MRP (91 thousand tenge), and also satisfied a civil claim to compensate for moral damage amounting to 100 thousand tenge[64].

August 26, Almaty, Tashimova S.: the appeal board has upheld the judgment of the court of first instance on the recovery of a substantial amount from Tashimova S. in favor of the state ecologist Tolegenova I.[65].

Almaty, August 27, Kazakhstan International Bureau for Human Rights is going to revitalize and in some respects even revive the Advisory and Consultative Body “Dialogue Platform for Human Dimension” (ACB DPHD) under the Ministry of Foreign Affairs of the Republic of Kazakhstan[66].

August 27, Astana, at the government meeting, Minister of Energy of Kazakhstan Satkaliev A. suggested that a draft government resolution on initiating a national referendum on the construction of nuclear power plant in Kazakhstan be submitted for consideration[67].

On August 27, Human Rights Watch (HRW) released a new report entitled “Politically Targeted, Economically Isolated. How Kazakhstan’s Financing Terrorism List Compounds Human Rights Harms”. HRW finds that Kazakhstani authorities are misusing legislation on countering extremism and terrorism to prosecute critics of the government[68].

August 27, Zhanaozen, Dosekeeva Zh., a mother of 11 children, claimed that she was being persecuted by the authorities for critical publications. They opened a criminal case against her under Article 174 of the Criminal Code of the RK. A Sergek camera was installed near Dosekeeva’s house, and her children are unable to find work. She calls on international human rights organizations to protect her rights[69].

August 27, Astana, Kazakhstan’s government closed the access of journalists to the meeting room of the Cabinet of Ministers. The press center of media representatives was moved to another floor and journalists were forbidden to go higher. According to the press secretary of the Prime Minister Alenova D., now even cameramen and photographers will not have access to the meeting room. “Simply until now there was no urgent need for photography and videotaping,” Alenova D said[70].

August 27, Astana, the proposals of the journalists have been practically ignored by the Ministry of Culture and Information. The Minister of Culture and Information A. Balaeva approved the model rules of accreditation, which earlier had provoked outrage in the professional community because of the regulations, which, according to the media community, directly and indirectly violate the Constitution[71].

August 28, Almaty, Director of the Kazakhstan International Bureau for Human Rights and Rule of Law Zhovtis Ye., believes that the sentence against journalist Mukhamedkarim D., Articles 258, 405 of the Criminal Code of the Republic of Kazakhstan, 7 years in prison, to be political[72].

August 28, Akmola region, Stepnogorsk, Institution No. 4, Zhylanbaev M., Articles 258, 405 of the Criminal Code of the Republic of Kazakhstan, 7 years’ imprisonment. In prison Zhylanbaev is subjected to provocations and threats. His lawyer stated that Zhylanbaev “experiences psychological and moral pressure after leaving the disciplinary isolation ward. He has no access to his personal belongings”[73].

August 28, Almaty, the city Maslikhat has coordinated new places for holding authorized rallies in the city. Now it will be allowed to hold rallies in the square behind the cinema “Sary-Arka” and in the square named after A. Imanov on Abylai Khan Avenue. The last location will replace the square named after Sh. Ualikhanov on Shevchenko Street. Maslikhat also changed the route of the procession. It was moved from Shevchenko Street to Zhambyl Street[74].

August 28, Almaty, activist Kenzin dedicated his solitary picket at the entrance to the city court to the judicial system in general and to Judge Imankulov K. in particular. The activist warns that it is the judicial system that will lead the country to Maidan. Instead of Maidan, however, the Qantar events took place. The role of the judiciary, in which the people have lost confidence, in this event remains to be studied[75].

August 29, Astana, Kazakh journalists will be deprived of their accreditation for violating the rules of the state bodies that accredited them. This point is included in the new rules prepared by the Ministry of Culture and Information after the law “On Mass Media” came into force. Correspondents from the capital see this as a restriction of freedom of speech. They have already experienced the effects of the new regulations within the walls of the government[76].

August 30, Karaganda region, Temirtau city, Igor Puzhikhin is a member of the initiative group. Puzhikhin raises issues related to the problems of people with disabilities in Temirtau. He has sued the local authorities again. This time he accuses them of inaction. The plaintiff asks the court to force the Akimat of the city to buy him a prosthetic arm made according to new technology. He says there is a court order to do so, but it has not been fully implemented[77].

August 31, Astana, Zhagiparov B., Article 456-2, Part 4 of the Code of Administrative Offences of the RK. The case against an activist, who raises the problems of the Ulytau region, was brought to court. He is accused of “placing, spreading false information”. The case file was transferred to the administrative court of the capital, where Zhagiparov B. recently moved from Zhezkazgan[78].

August 31, Almaty – Members of the Facebook group “No to Recycling Fee!” which opposes high recycling fees on imported cars in Kazakhstan, reported that they have lost access to their accounts on the platform. The group attributed the incident to government pressure[79].

August 31, Almaty, “I would like to write and warn activists who are against the construction of the NPP and against the referendum on the NPP. The actions of our authorities, represented by Akimats, police, National Security Committee, repeat the same actions from year to year: Persecution, bribery, intimidation, blackmail and threats. You have to be prepared for this”, wrote the human rights defender Toregozhina B. about the methods used to put pressure on the activists[80].

[1] https://rus.azattyq.org/a/33058983.html

[2] https://rus.azattyq.org/a/33059309.html

[3] https://t.me/azattyq/25492

[4] https://rus.azattyq.org/a/33068685.html

[5] https://adilsoz.kz/weekly-monitoring/narusheniya-svobody-slova-v-kazahstane-s-25-iyulya-po-1-avgusta-2024-g.html

[6] https://rus.azattyq.org/a/33061391.html

[7] https://rus.azattyq.org/a/33061116.html

[8] https://rus.azattyq.org/a/33060630.html

[9] https://rus.azattyq.org/a/33070457.html

[10] https://rus.azattyq.org/a/33070457.html

[11] https://rus.azattyq.org/a/33060717.html

[12] https://mediazona.ca/article/2024/08/02/kz-timezones