MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN FROM JANUARY 1 TO JANUARY 31, 2023

January 3, Almaty, Akayev Sagidolla, an activist in Almaty, received a summons requiring him to come to the CNS Department for questioning in a politically motivated case, as a witness[1].

4 January, Uralsk, akimat did not give permission to Utebaev A. to hold a peaceful picket on January 6, 2023. The topic of the peaceful picket: “To pay tribute to the memory of the victims of the Bloody January, the demand to conduct an international investigation, the freedom of political prisoners, stop repressions”. The reason for the refusal was that incomplete data were provided[2].

January 4, Aktobe, facility KA-168/1, political prisoner Yelshibayev Yerzhan (Article 106, Part 2, paragraph 7, Article 428 of the Criminal Code of the RK, 8 years of imprisonment) was conveyed to the transit prison before his possible transfer to a high-security penal colony following a court verdict. They plan to send him to a maximum security facility 159/5 in Abay, Karaganda Region[3].

January 4, West Kazakhstan region, Burlinsk district, akimat did not give permission to E.K. Baitemirova to hold an action the “The Day of Remembrance of the Victims of the Bloody January” on January 7, 2023 in response to the activist’s notification. The reason for the refusal was that the notification was submitted later than 5 days before the peaceful assembly was to take place[4].

January 5, Almaty, facility SI-72, Mikhail Kozachkov, Article 262, Part 2, Article 249, Part 3, Article 185 of the Criminal Code of the Republic of Kazakhstan, sent a letter to the President of the Republic of Kazakhstan K. Tokayev: “I realize that the criminal case against me affects the interests of different people, including high-ranking officials. I ask you to take this investigation under your control”[5].

January 5, Dostiyarov Abzal, Almaty, reported around 8 a.m. that he and his child were brought forcibly to the police station and detained there for about 5 hours, after which they let them go[6].

January 4, Atyrau, the charges against 27 defendants in the events #Qantar2022 were announced. The articles were reclassified from especially grave to less grave ones for Aysin O, Bekzhanov D and Abishev R, who were detained in pre-trial detention facility. The defendants and victims stated that they agreed with the new indictment[7].

January 5, Almaty, police detained Duisebayeva A. and Mirmambetova G. before an unauthorized rally “In Memory of the Victims of Bloody January” and took them to the police station[8].

January 5, the embassies of the United States, the European Union and its member states, the United Kingdom, and Canada issued a statement in which they expressed their solidarity with all of the victims of the January events. They “recommend that a full and transparent investigation into the acts of violence that have caused the deaths of at least 238 people be completed”[9].

January 5, Mangistau region, a police officer demanded Turdieva U. to appear before the court in an administrative case, following an application from a local resident. Authorities want to put her in isolation before “The Day of Remembrance of the Victims of the Bloody January” on January 7, 2023[10].

January 5, Astana, “The security forces opened fire on the participants of the January events before the announcement of President Tokayev’s order “to shoot to kill without warning” – says Prosecutor General Asylov B., during a plenary session at the Majilis[11].

January 5, Almaty, activists stated at the Independence Monument that no objective investigation has been carried out and the perpetrators of the murder have not been held accountable. Internet was cut off in the square[12].

January 5, Almaty, the criminal case on the death of 4-year-old Aikorkem during the January events was closed due to “the absence of corpus delicti”[13].

January 6, Almaty, Mamay Zh. (Article 378, Part 4, Articles 274, 400 of the Criminal Code of the RK) : at the trial, G. Turieva and A. Zhamankulova , defense witnesses, confirmed that they had not heard that Mamay Zh. had announced a credit amnesty. In their words, he only tried to get the state to write off debts from people on a one-time basis[14].

January 6, Astana, journalist Abzhan M. ( Article 194, Part 2, Article 274, Part 2/3 of the Criminal Code of the Republic of Kazakhstan0). Saryarka District Court No. 2 closed the trial at the first meeting based on the petition of the aggrieved party[15].

January 6, Almaty, a working group of the Kazakhstani NGO for the Protection of Children’s Rights, which defends and promotes the rights and interests of children, was outraged by the behavior of police officers who have rudely detained an activist and his 4-year-old child[16].

January 6, Astana, journalist Abzhan M. stated in court that the investigation has forced him to give testimony against the former Speaker of the Majilis Nigmatullin and the former Deputy Prime Minister Tugzhanov[17].

January 6, Astana, Judge Aizhan Kulbayeva ordered to check the arguments of imprisoned journalist Abzhan M. about threats from investigators of the Anti-Corruption Agency of the Republic of Kazakhstan[18].

January 6, Almaty, some unidentified persons in civilian clothes detained Tabyldiyeva N., forced her into a car and took her to the police department. She connects this event with her civic activism[19].

January 7, Akmola region, Zerenda district, Zhusupova N. was detained in the square of the district center. She was told by the police that the republic was only for Tokayev K.’s supporters, and Zhusupova N. was told to “get out” of the country. She was also threatened that she would face criminal prosecution under Article 405 of the Criminal Code of the Republic of Kazakhstan[20].

January 7, Almaty, human rights defenders from the Public Oversight Commission Zhanabilova A., Alimbekov D. and journalist Aimbetova M. visit journalist M. Kozachkov in the detention center. The journalist complained that he was bothered by mosquitoes in his cell, which seem to be breeding in the basement of the building[21].

January 7, Astana, Bekzadina E. was detained near the “Zhastar” palace and taken to the police department. She was released four hours later[22].

January 7, Astana, Mustafin S. was detained by the police on the day of the rally: “The Day of Remembrance of the Victims of the Bloody January” and then released after a few hours. He was not provided with any explanations at the moment of detention[23].

January 7, Astana, Tastayev N. was detained with the use of violence at about 11 o’clock and taken to the police. They did not take a statement from him about the policemen who attacked him, allegedly because it was a day off [24].

January 7, Astana, on the day of an unauthorized rally: “The Day of Remembrance of the Victims of the Bloody January”. Musabaev M. was detained at 8 o’clock in the morning. He was taken to the police department and released at 5 p.m.[25].

January 7, Astana, V. Zhanbaeva was illegally detained on the day of an unauthorized rally: “The Day of Remembrance of the Victims of the Bloody January”[26].

January 7, Almaty, at 11 am on the day of an unauthorized rally: “The Day of Remembrance of Victims of the Bloody January” Abishev A. was detained and taken to the police. They held him there for four hours, while one of the police officers threatened to “hang him”. Abishev A. filed a complaint against the officer[27].

January 7, Almaty, on the day of an unauthorized rally: “The Day of Remembrance of Victims of Bloody January “, police officers illegally detained Imangalieva B. when she was leaving her house[28].

On January 7, Almaty, A. Mubarakov was detained on his way to work. Police officers were about to take him to the police, but then took him to his place of work, where they remained for several hours[29].

January 7, Uralsk, Utebayev B. and Yeskendirov M.: Police officers conducted surveillance of the activists’ homes and illegally detained them on “The Day of Remembrance of the Victims of Bloody January”[30].

January 7, Uralsk, Okhasov O. was detained on the “Day of Remembrance of Victims of the Bloody January” and taken to the police station. O. Okhasov demanded that he be provided with a lawyer and a prosecutor on duty, but his request was refused. After three hours he was taken home[31].

January 7, Shymkent city, Konshbaev E. was detained on his way to the square, where he was going to attend a rally. He was taken to the police department and held there for 6.5 hours. At 6:30 p.m. the activist was taken home[32].

On January 9, Almaty, a group of activists came to the police department of the Nauryzbai district demanding to punish the police officers who on January 6 detained activist N. Tabildiyeva by force and took her to the police station without explaining the reasons of her detention[33].

January 9, Uralsk, Utepov A.: The appeals court upheld the decision to arrest him for 2 months for the period of the investigation and refused to release the activist under house arrest or on bail[34].

January 9, Shymkent, Dosmambetova L. (Article 269 of the Criminal Code of the RK, 3.8 years’ imprisonment): the court of appeal upheld the decision not to grant her amnesty[35].

January 10, Almaty, Mamay Zh. (Articles 378, 274, 400 of the Criminal Code of the Republic of Kazakhstan): the prosecutor has requested time to bring a new charge against him. This decision was prompted by the conclusion of a political science expert[36].

January 10, Almaty, the human rights defender Zhovtis Y. condemned the decision of the prosecutor Baimagambetov E. in the case of Mamay Zh. and pointed out that under the Article 340 of the Code of Criminal Procedure of the RK the change of charges is allowed, but only if the defendant’s right to defense is not violated[37].

January 10, “The circumstances which started the January protests are still there, and that fire could be ignited at any point,” says Cheryl L. Reed, an American journalist, who came to Kazakhstan to study the January events[38][39].

Jan. 10 “Probably the hardest part was that the KNB (National Security Committee, successor to the Soviet-era KGB) tracked me, filmed me, contacted and harassed my translators, followed me, followed the people that I interviewed, and tried to prevent me from getting the story,” says U.S. journalist Cheryl L. Reed[40][41].

January 10, Zhalgasova Zh. (Art. 274 of the Criminal Code of the RK): the regional court upheld her appeal. Zhalgasova Zh. was sentenced to 1 year of restriction of liberty and 100 hours of community service in the case of “spreading deliberately false information”[42].

January 10, Almaty, Prosecutor General Asylov B. “without a court decision found activist Tleuzhanova A. guilty, thus violating her rights and the presumption of innocence”, says lawyer Aidarkhan A.[43].

January 10, Almaty, Mubarakov A. (Article 380 of the Criminal Code of RK): A criminal case was opened for participation in the art performance in Kaskelen on January 4, 2022 in support of social protests in the west of Kazakhstan and all political prisoners[44].

January 10, Almaty, at 4:30 a.m., three unidentified people broke the windows of the “Elmedia” editorial office building. This was the 5th attack[45].

January 12, Kyzylorda, K. Kudaibergenov ( Articles 380, 380-1, 255 of the Criminal Code of the RK), who was convicted to 17 years’ imprisonment, attempted suicide in prison as a sign of protest and disagreement with the sentence, causing a wound to his neck[46].

January 12, Almaty, “2022 was marked by high-profile accusations of journalists and their prosecution in criminal proceedings. We are facing dangerous precedents that threaten the freedom of speech in our country,” says the Adil Soz press protection fund[47].

January 12, Almaty, PF “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from January 03 to January 12, 2023[48].

January 12, Uralsk, A. Urazbayev ( Article 405 of the Criminal Code of the RK): Judge of the city court Zhunusova N. does not give permission for the activist’s wife to meet with her husband in the detention center on the basis of Article 474 of the Criminal Procedure Code of the RK, according to which visits will be authorized after the pronouncement of the sentence[49].

January 13, the international organization Human Rights Watch included information about acquittal of well-known journalists Seitkazy and Aset Mataevs by the court in the World Report on the situation with human rights[50].

January 13, Mamay Zh. (Articles 378, 274, 400 of the Criminal Code of the RK) under house arrest: Human Rights Watch has reflected the case of Mamay Zh. in its World Report 2023[51].

January 13, Almaty, the editorial board of El Media was attacked for the sixth time. “What is happening now around El Media and Orda.kz can easily be called sabotage – a long, well-organized one with far-reaching goals”, says the publication’s editorial board[52].

January 14, Almaty, the car of journalist Yegeubayeva D., who covers the aftermath of the January events, was set on fire. This happened near the house where the journalist lives[53]. The police reported that this fact has been registered in the Unified Registry under Article 202 of the Criminal Code of the Republic of Kazakhstan[54].

January 15, Almaty, police detained 5 underage citizens on suspicion of setting fire to the car of Yegeubayeva D. They are also accused of destroying the front door of “El Media”. The detainees are 15, 16 and 17 years old[55].

January 16, Bishkek, activists Zheksebaev A. and Baimagambetova D. were released from custody. The court decided to terminate the case, stating that the basis for this decision was their application for asylum[56].

January 16, Astana, the General Prosecutor’s Office did not reveal the names of 18 organizers of the mass unrest and attempted coup d’etat during the January events. The agency also did not say whether any of the suspects were law enforcement or special services[57].

On January 16, Uralsk, the akimat did not give permission to the activist Aisautov M. to hold a rally on the theme: “Drawing the attention of the public and the authorities to the illegal distribution of “Tramadol”, drugs in WKO and the release of the blogger Utepov A”. The reason for the refusal was the fact that another event was scheduled on that day[58].

January 16, the Documentation Center of the Human Rights Alliance for Fundamental Rights documented 625 individual cases of human rights abuses during or as a result of the events of January 2022 and 13 stories to help reconstruct the chronology of those days from April 2022 to January 2023[59][60].

January 16, Almaty, a commission of inquiry into the January events and the case of Mamay Zh. from Great Britain, headed by Ken MacDonald, has arrived to Almaty. Sir Robert Buckland, a member of the British Parliament, also takes part in the work of the commission[61].

January 16, Aktobe region, the family of Zhubanazarov R., who was shot dead in Aktobe during the January events, was provided with 7 million, tenge. “Millions and billions are not worth my son’s fingernail. We need, above all, that our son be acquitted!”, – demands the mother of Zhubanazarov K.

January 16, Almaty, Bostandyk district court sentenced 3 policemen: Khamit B. and Bimurzaev A. received 3 years of imprisonment under article “torture” and Kalymbay D. received 1.5 years of “restriction of liberty” for having tortured detainee Radchenko T.

January 17, Almaty, Mamayu J. (Art. 378, 274, 400 of the Criminal Code): the court prohibited him to meet with the British parliamentarians, citing the restrictions of house arrest[62].

On January 17, Oskemen, the regional prosecutor’s office reported that “the perpetrators of the deaths of 3 people have not been identified and investigations have been terminated”[63].

January 17, Almaty, Tashimova S. and Kaliyev E. state that they are trying to challenge unfair judicial decisions that in fact ban the publication of videos in social networks about public actions against infill construction. Tashimova expressed her displeasure with a court ruling that found her guilty of taking video of people without permission during a public event[64].

January 18, the military court of Kazakhstan upheld the sentence of serviceman Zlunyaev M. (Article 451of the Criminal Code of the RK), who was convicted to 6 years of imprisonment for the murder of a shepherd Kyrykbayev E. in the city of Taldykorgan during the January events[65].

January 18, Shymkent, an initiative group for the establishment of the “Alga Kazakhstan” party, came to the building of the Department of Justice in order to confirm to confirm that they are living people and their personal data meet the requirements of the law on political parties[66].

January 18, Astana, the organizing committee for the establishment of the party “Alga Kazakhstan” submitted the list to the Ministry of Justice for the 9th time for the registration of the party . The authorities again refused to register the party[67].

January 18, Astana, a group of 6 people whose relatives are imprisoned in Xinjiang gathered in front of the Chinese embassy to hold an action. There were large crowds of police officers in the area around the embassy, and two GAZelle vehicles and one bus were parked next to the embassy.

On January 18, Aktobe, the city court ruled to dismiss the claim in the amount of 200 million tenge of the oil company “KMK Munai” against the former chairman of the trade union Yelamanov E. for his video appeal to the President of Kazakhstan, which allegedly instigated a conflict between the employer and the workers[68].

January 19, Almaty, PF “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from January 12 to January 10, 2023[69].

January 19, Kyzylorda, at the appeal hearing on the complaint of Kudaibergenov K. ( Articles 272, 380, 380-1 of the Criminal Code of the RK, 17 years of imprisonment in connection with the January events), the prosecutor asked the court to increase the term of imprisonment to 20 years[70].

On January 19, Atyrau, Dauletyarov E. (Articals 272, 380 of the Criminal Code of the RK), accused in the case of the January events, was sentenced to one year’s imprisonment conditionally. He had previously pleaded guilty and signed a plea bargain[71].

On January 19, Vadim Boreyko, a journalist in Almaty, reported that at night unknown persons covered the door of his apartment building with paint and filled the front door of his apartment from the outside with installation foam[72].

January 20, Almaty, Yeginbaev D. (Article 451 of the Criminal Code of the Republic of Kazakhstan): A trial began in the military court of the Almaty garrison in the case of the death of a family of 3 people in Taldykorgan, who had been shot dead in a car during the January events. Yeginbaev D. confessed that he had fired, but said that he did not agree with the charges brought against him[73].

January 20, Almaty, the trial on the murder of Anafiyayev Zh. during the January events began in the police department of the city. All the defendants are employees of the TDF of the police department. They were accused under Article 146 “Torture”[74].

January 20, Almaty, members of the commission, which was established in the UK to investigate the January events as exemplified by the case of Mamay Zh., held a press conference. They expressed disappointment with the Kazakh authorities, who had declined to meet with the commission and had not permitted commission members to meet with Mamay[75].

January 20, the European Union Delegation and the British and United States Embassies in Kazakhstan released a joint statement expressing their “concern” over the recent attacks on journalists in Almaty[76].

January 23, Atyrau, the Criminal Court found all defendants guilty and condemned them to punishments not involving imprisonment. The defendants were released from custody in the courtroom following the law “On Amnesty”[77].

January 23, Almaty, a group of activists came to the prosecutor’s office with a petition demanding the resignation of Prosecutor General Asylov B. “We heard everything, he called the teacher Nurpeisov K. and the journalist Tleuzhanova A. “members of extremist groups”. We were outraged that he said such things before the trial, before the verdict, in the Majilis”, say people who came to the prosecutor’s office[78].

January 24, Taraz, the Court of Appeal did not change the sentence of Opushiev A. (Article 272 of the Criminal Code of the RK) who was convicted posthumously after the January events[79].

January 24, Zhanaozen, the court arrested Allabergen M., Bagdat B. and Ibragimov U. on the charge of “disobedience to police demands” under Article 667 of the Code of Administrative Offences of the RK for 10 days, after they came out to the akimat and demanded that they be employed according to the program developed by the authorities[80].

January 24, Stockholm (Sweden) “Kazakh authorities should thoroughly investigate a recent spate of attacks on independent journalists, hold all those responsible to account, and ensure that members of the press are able to work safely”, said the Committee to Protect Journalists[81].

January 24, Turkestan region, Baidauletov M. (Article 405 of the Criminal Code of the RK): the court sentenced him to one year of restriction of liberty with a 3-year ban on social and political activity for his involvement in the activities of extremist organizations prohibited by the court[82].

January 24, Aktobe, a representative of the prosecutor’s office reports about the invalidity of the decision of April 28, 2022 to dismiss the criminal case related to the death of Zhubanazarov R. The criminal case will be sent back for further investigation[83].

January 25, Almaty, Taishov B. (Article 296, Article 287 of the Criminal Code of the Republic of Kazakhstan) was acquitted due to the lack of proof of committing the offense during the January events. The acquittal on appeal was left unchanged and has taken legal effect[84].

January 25, the organizers of the women’s march and rally states that their rights to peaceful assembly were violated by the city authorities. They report that the akimat did not give them permission to hold a march and rally devoted to women’s rights[85].

25 January, Almaty, “After such a response from the supervisory body, I advise everyone to think whether they should continue to work as journalists and whether to have their own blog/telegram channel. Abzhan M is being tried and he demands an open trial!” – states human rights defender Toregozhina B.[86].

January 25, Almaty, the akimat did not give permission to Abilkasimov D. and Turymbetov M. to hold a peaceful rally “For Peace, Stability and Consent! People of Kazakhstan against war!”. The refusal was formulated as follows: “practice shows that when holding a peaceful assembly on the stated topic there is a threat of violation of public order”[87].

January 25, Almaty, facility SI-72, “I have come to meet with M. Kozachkov. Since then I have not been admitted to him. They refer to the letter from the Department of Economic Investigation, saying that no one should be allowed to see him” – says his lawyer Adam Murat[88].

January 25, 11 more people were recognized as political prisoners by the Decision of the Expert Council of Human Rights Defenders of Kazakhstan. They were subjected to reprisals by the authorities for their civic activism[89].

January 26, Almaty, Mukhtarov R. reports that he lodged a complaint to the City Akim’s Office against the Akimat’s decision to deny permission to hold a rally in support of Ukraine.

January 26, Almaty, Mamay Zh. ( Articles 378, 274, 400 of the Criminal Code of the RK), house arrest: he was again accused under Article 272, Part 1 of the Criminal Code of the RK of “organization of mass riots”. He faces up to 10 years in prison.

January 26, Taraz, the court began debates on the case related to the January events. From the beginning of the process the media were peacefully present in the courtroom, however, judge Torebekuly B. sent the journalists to the press hall. Judge motivated this decision by the fact that journalists disturb him. Even cameramen were not allowed to stay[90].

Almaty, PF “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from January 19 to January 26, 2023[91].

On January 26, in Uralsk, Okhasov O.told about another (already the fifth) attempt on his life. He came to the court to support the civic activists Yeskendirova M. and Urazbayeva A.. He was attacked by Inzhegali Daniyar with a knife and screwdriver. Yeskendirova was a witness of this attack[92].

January 27, Almaty region, Zarechny village, facility LA-155/14, Bakhyt Ontay and Ozhet Zheniskhan (Article 291 of the Criminal Code of the RK), convicted in connection with the January events for 5 years of imprisonment. They were released, their sentence was reduced under the Law on Amnesty[93].

January 27, Almaty, facility S-72, K. Nurpeisov (Article 272, 269 of the Criminal Code of the RK), lawyers stated about “multiple violations of the law” by the investigating authorities. They made this statement at the press conference[94].

January 30, Almaty, Bostandyk court: at the trial against 25 people who were accused in connection with the January events, the victims could not identify any of the defendants[95].

January 30, Almaty, facility SI-72, journalist M. Kozachkov: extension of his detention up to 3 months has been authorized [96].

January 30, Almaty region, Kaskelen city, the election commission refused the journalist and member of the political bloc “Altynshi kantar” Mukhametkarim Duman to be registered in the elections to the Majilis because he has been living in different regions of the country[97].

January 30, Astana, Abzhan M., the administration of the detention facility has stepped up pressure on the journalist due to the fact that he uses the sleeping place. Searches in the cell became more frequent; only aspirin is given as medicine in the pre-trial detention facility[98].

31 January, a report of human rights defenders on the use of torture and ill-treatment in #QANTAR2022 against civilians, as well as against children, people with disabilities, civic activists and foreign nationals is unveiled[99].

January 31, Astana, people who seek the release of their relatives imprisoned in Xinjiang, once again came to the Embassy of China and the Ministry of Foreign Affairs of the Republic of Kazakhstan. The Head of the Chinese diplomatic mission did not receive them and the Ministry of Foreign Affairs once again promised to help[100].

31 January, Almaty, Nutsheva Alma, daughter of political prisoner Aron Atabek, recorded a video appeal to President K. Tokayev on the 70th anniversary of the poet, publicist and opponent of the regime, in which she asks to review the “Shanyrak case” and rehabilitate her father[101].

[1] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3461580090827916/

[2] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3463040530681872/

[3] https://rus.azattyq.org/a/32207400.html

[4] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3463038694015389/

[5] http://www.adilsoz.kz/news/show/id/3896

[6] https://rus.azattyq.org/a/32212476.html

[7] https://rus.azattyq.org/a/32207971.html

[8] https://rus.azattyq.org/a/32209384.html

[9] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3462440600741865/

[10] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3462391907413401/

[11]https://rus.azattyq.org/a/32209412.html?fbclid=IwAR2m7NG8SBXnQcxIVTSNoVRZpjJDIl2gFs8Jr3I9YSY1oYgxnkPNrJJ_Z0g

[12] https://www.youtube.com/watch?v=Nf31xwhxLw0&ab_channel=AzattyqTV-%D0%90%D0%B7%D0%B0%D1%82%D1%82%D1%8B%D2%9B-%D0%90%D0%B7%D0%B0%D1%82%D1%82%D1%8B%D0%BA