MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN FROM AUGUST 1 TO AUGUST 31, 2021

On August 3, in Nur-Sultan city, political prisoner Yerbol Yeskhozhin was sentenced to 2.5 years imprisonment under Article 405, Part 1/2 of the Criminal Code of the Republic of Kazakhstan for organizing the activities of the extremist organization Koshe Partiyasy, which was banned by the court[1].

On August 3, in Zarechnyi village, Facility LA- 155/14, political prisoner Almat Zhumagulov, who was sentenced to 8 years imprisonment in 2018 under Articles 256 and 174 of the Criminal Code of the Republic of Kazakhstan for supporting the DCK movement, reported provocation against him by Interior Ministry and administration officials for allegedly deliberately causing moderate bodily injury[2].

On August 3, in Almaty city, legal proceedings under Article 405, Part.1/2 against Valiev Darkhan, Alibekov Bakdaulet, Rakhimzhanov Noyan, Kurbanov Mart, Koziev Ermek, Baimagambetova Diana, Klyshev Kairat, Zheksebayev Askhat, Dzhumaniyazova Ninagul, Dzhaukerova Gulzipa, Begimbetov Abay, Aspandiyarova Dametkan, Smagulov Bolat were initiated in the Almalinsk district court on criminal cases [3].

On August 4, in Aktobe city Kalasov Askar was found guilty under Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan and sentenced to two years of restriction of liberty and two years of prohibition on engaging in socio-political activities[4].

On August 4, in Nur-Sultan city Onlanbekkyzy Asel was found guilty and sentenced to 3 years of restriction of liberty and 5 years of prohibition of social and political activity with the use of telecommunications networks and to 100 hours of forced labor annually. She was also sentenced to an involuntary payment of 20 MCIs to the Victims’ compensation fund[5].

On August 6, in Nu-Sultan city, political prisoner Kaiyrbek Askar, Article 405, Part 1/2 of the Criminal Code of the Republic of Kazakhstan, went on a hunger strike as a sign of disagreement with the sentence of 1.5 years imprisonment on charges of “organization” of the activities of a banned association and participation in the DCK movement. The lawyer Gulshat Duisenova reported that her client refused to eat, and only drank water during five days[6].

On August 7, in Shymkent city, in relation to Aruzhan Duysebayeva, singer Saken Maigaziyev stated that he has “forgiven” Aruzhan Duysebayeva, the activist of the unregistered Democratic Party of Kazakhstan, and will withdraw a case of defense of honor and dignity that he filed with the Karatau district court[7].

August 10, Shymkent city , Syzdykbek Sabit, Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan. At the request of probation, the court commuted Syzdykbek Sabit’s restriction of liberty to imprisonment for a term of 9 months and 15 days and prohibited him from engaging in public activities for 3 years because he failed to register with the probation service. Earlier, on March 4, 2021, he was convicted under Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan and sentenced to 1.5 years of restriction of liberty for participating in the activities of the banned organization “Koshe Partiyasy” as well as the prohibition to engage in social and political activities for 3 years[8].

On August 11, in Nur-Sultan city Zakupova Aliya was found guilty and sentenced under Article 405, Part 2 of the Criminal Code of the RK to 2 years of restriction of liberty with deprivation of the right to engage in social and political activities as well as through the media and telecommunications networks for a period of 3 years. She was sentenced to 100 hours of forced labor every year for the entire period of serving her primary punishment. Zhakupova A. was also sentenced to an involuntary payment of 27780 tenge to the Victims’ Compensation Fund [9].

On August 11, in Petropavlovsk city, Shirobokova Oksana was fined in the amount of 20,419 tg. under Article 492, Part 2 of the Administrative Offences Code of the Republic of Kazakhstan (living without registration or without identity documents). Kazakhstani authorities prosecute her for political reasons for her calls to participate in peaceful protests[10].

On August 12, in Kyzyl-Orda city, Yelshibayev Yerzhan, a political prisoner serving his sentence in the Facility ZK-169/5, got a self-inflicted abdominal wound as a sign of protest. Earlier, on July 16, he complained about the fact that his rights were not respected. Detainees in this facility constantly complain about the detention conditions. Also, four more detainees of this facility got self-inflicted injuries. Family members mention the “pressure” by the administration. The official authority initially denied the act of self-inflicted injury, and later confirmed it[11].

August 11, Almaty, court hearings began in the Almalinsk district court in the case of Akhmetov Ulasbek, under Article 405, Part 1 / 2 of the Criminal Code of the Republic of Kazakhstan. The court hearing was held with numerous infringements of the rights of the defendant U. Akhmetov. Since October 24, 2020, Akhmetov U. has been detained in the Facility LA-155/18[12].

On August 17, a politically motivated trial was held in Aktobe city against civil activist Zhaubatyrov Asylkhan under Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan, where he asked the court to let him off for the funeral of his father, who passed away that night. He was refused [13].

August 18, Pavlodar city, Aron Yedigeyev (Atabek), a political prisoner who has been in detention for more than 15 years. Facility AP-162/1 was visited by NPM (National Preventive Mechanism) participants, including Meruert Shakirova, Head of the Pavlodar Branch of the Kazakhstan International Bureau for Human Rights and the Rule of Law (KIBHR) who documented the prisoner’s deteriorating state of health: “he moves his arms and legs very little and has a “nurse” attached to him from among the convicts”[14].

19 August, Uralsk city, Orynbay Okhasov, Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan, was arrested for 72 hours, arguido status, later by a court order of August 21, 2021 he was placed under house arrest for 2 months, until October 21, 2021[15].

On August 20, in Uralsk, Yeskendirova Marua, under Article 488, Part 2 of the Administrative Offences Code of the RK, was arrested for 20 days for calling WKO residents to participate in an unauthorized rally on July 24 and 31, 2021 at the “Glorious Daughters of the Kazakh People” square. Ruling No. 2712-21-00-3/4565 of the Specialized Interdistrict Administrative Court accused her of holding a rally in violation of the procedure established by law repeatedly within a year[16].

21 August, Almaty city, Zhanna Khabdulkhakar. A journalist representing the Informburo website held a one-person picket in front of the Almaty City Akimat, where she expressed her disagreement with the reduced maternity pay for private media workers. An Akimat official came to the journalist and promised to address her complaints to the Department of Social Welfare [17].

On August 22, in Almaty city, mothers with many children Tungatarova Saniya, Shabdanova Gulnur, Bayburinov Aydyn, Kenzhenova Zaure, Kenzhenova Agilya and Kurmangalieva Nazgul were each fined 43 755 tenge under Article 425, Part 1 of the Administrative Offences Code of the Republic of Kazakhstan (violation of the legislation on the sanitary-epidemiological welfare of the population and hygiene standards) for holding a protest against mandatory childhood vaccination.

On August 23, in Atyrau city, Nurlan Zholbolov, a lawyer, held a picket in the capital city with a demand to reform the judicial system. About ten his colleagues from the capital city were there to support the lawyer. The action was watched and videotaped by the Akimat officials and by a group of young men in civilian clothes[18].

On August 24, in Almaty city, Marat Aitbayev was arrested for 15 days under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan for holding a protest near the alley at the intersection of Raimbek-Pushkin Streets on August 22, 2021 against mandatory vaccination of children.

August 24, Almaty, the trial of 13 civil activists charged under Article 405, Part 1/2 of the Criminal Code of the Republic of Kazakhstan with organizing the activities of the DCK and Koshe Partiyasy movements banned by the Kazakh court and “participation” in them continues in the Almalinsk district court[19]. The court hearing is being held with numerous violations of the rights of the defendants.

On August 25, 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 the protest of mothers with many children on August 22, 2021 near the alley at the intersection of Raiymbek-Pushkin Streets against mandatory childhood vaccination.

On August 25, in the village of Zhanatalap, Turkestan region, Asylzhan Asabayev was sentenced to 17 days of arrest under Article 488, Part 2 of the Administrative Offence Code of the Republic of Kazakhstan, for “repeated violation of the law on peaceful assemblies” for his participation in the protest hunger strike in front of the Shymkent city Akimat, which was held on August 1, 2021[20].

On August 25, in Almaty, supporters of Zhanbolat Mamay attended a charitable action intended to gather “alms” to pay court fees to Baurzhan Baybek, deputy chairman of the Nur-Otan party. Some unknown people with posters “Mamay is a fraud” showed up at the rally, took away the donation box and left in an unknown direction. The police did not take action to interfere [21].

August 26, Aktobe city, Zhaubatyrov Asylkhan, Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan. A regular session of the court on a politically motivated case was held. He is prosecuted on political grounds for his participation in a peaceful protest on May 1, 2019, as well as for a photo with a blank sheet of paper. Together with other activists, he participated in a challenge with a blank sheet of paper[22].

On August 26, in the city of Uralsk, activist Orynbay Okhasov received another threat to his life and health. Earlier, on July 23, Lieutenant Colonel Rustem Amanzholovich Mukhambetaliev, a NSC officer, threatened to kill Okhasov, who was under administrative arrest in the TDF (temporary detention facility) at the time[23].

On August 26, in Aktau city, the police officers tried to take out Abzal Kanaliev, a disabled person of Group 3, who uses crutches, from his apartment on the grounds that someone has filed a complaint over the alleged beating. Abzal was making a video recording and one of the officers tried to take his mobile phone away. Abzal refused to come out on the grounds that the officers did not have a subpoena[24].

August 27, Nur-Sultan city, Askar Kaiyrbek. The Nur-Sultan city prosecutor’s office protested against a sentence asking to increase the prison sentence to 2.2 years for activist Askar Kayirbek, who was sentenced in June to 1.5 years imprisonment under Article 405, Part 1/2 of the Criminal Code of the Republic of Kazakhstan on charges of “involvement in and organization of activities” of a banned organization [25].

On August 30 in Zhanaozen city, a group of activists and residents held a protest against the mandatory vaccination. The protesters held posters with the inscriptions: “Manzhburli Vaccinaga Karsymyz” (We are against compulsory vaccination} and “Bizdin tandauymyz bar” (We have a choice). The protesters gathered in the square in front of the Zhanaozen Akimat, the Akim of Zhanaozen went out to the protesters and said that the meeting was “illegal” and appealed to them to return to their homes.[26].

On August 31, in Almaty city, Akhmetov Ulasbek was found guilty of “involvement in the activities” of a banned organization and “organizing the activities of Koshe partiyasy” and sentenced to 2 years imprisonment in a facility with minimum security level, with a ban on socio-political activities and use of social networks for 5 years. The court also ordered the payment of 5,560 tenge to the Victims’ Compensation Fund, as well as the payment of court costs in the amount of 841 tenge [27].