MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN FROM July 1 to July 31, 2023

July 1, Almaty, Imangalieva B., representative of the initiative group for founding the opposition party “Alga, Kazakhstan!” reports that today in Almaty near the cafe where the funeral dinner in memory of Kuanyshalin Zh. was held, there were policemen in civilian clothes on duty. They were in a car and watched the event from the side[1].

July 1, Almaty, Ilyashev A. reports that he has filed a lawsuit against State Counselor Karin E. Ilyashev A. asks the court to order the State Commission for Rehabilitation of Victims of Political Repression headed by Karin Е. and the Ministry of Science and Higher Education of Kazakhstan to “rehabilitate hundreds of people who were politically repressed after 1993″ in Kazakhstan and “dozens of today’s political prisoners”[2].

On July 1, Kazakh human rights defenders added seven more people to the list of those persecuted for political reasons: Zhylanbaev M., Sembyi A., Bashanov Zh., Altayev N., Kanatov N., Mukhametkarim D., and Danebaev T. The latter Danebaev was trying to hold President Tokayev K. accountable for his statement that there had been an attack by “20,000 terrorists” during the January events[3].

July 2, Almaty, Tabyldieva N, a criminal case was opened against the activist under Article 274, Parts 2, 3, Article 378, Part 2 of the Criminal Code of the Republic of Kazakhstan for civic activism[4].

July 3, Almaty, Tleuzhanova A. has filed a lawsuit against Prosecutor General Asylov B. for violation of the presumption of innocence. At the trial, a representative of the Prosecutor General’s Office stated that “the Prosecutor General has never said anything like this, and such a video has never existed[5].

July 3, Almaty, Lawyer Murat Adam: Since yesterday and right now my clients are being tortured and beaten in the colony LA-155/14. The prisoners themselves insisted on being returned to this facility for the period of pre-trial investigation. One of the prisoners had his leg broken. No ambulance was called[6].

July 4, Astana, activist Begzadina Elvira was hit on the head with a blunt object during a conflict with her neighbors. She reported that officials were inciting her neighbors against her, who in turn insulted and assaulted the activist and her children[7].

July 4, Astana, Begzadina Elvira, activist filed a report to the police on the fact of assault and insulting her by neighbors. But the police officers do not consider the report in a proper way[8].

July 4, Kyzylorda, Pirzhanov G.: the criminal court sentenced him to 16 years’ imprisonment under Article 272, Part 1 of the Criminal Code of the RK; the court also found guilty Omarov F., who was killed on January 5, 2022, near the police building in Kyzylorda[9].

July 4, Astana, the court began to consider the claim of Abdreshov E., a resident of Almaty, for compensation for moral and material damage. He received a shrapnel wound and lost his eyesight during the mass protests in January 2022. The claim amounts to almost 40 million tenge[10].

July 4, Almaty, Muratkhan S., Article 451 of the Criminal Code of the RK: the military court of the Almaty garrison sentenced him to 6.5 years of imprisonment in a colony. Muratkhan S. was found guilty of exceeding power, which resulted in the death of Yelnar Kanseit during the events of January 2022[11].

July 4, Turkestan region, Saryagash district, A. Batyrbekov, editor-in-chief of the newspaper “Saryagash-Inform”, was arrested for 20 days under Article 73-3 of the Code of Administrative Offences of the RK; the Administrative Court found A. Batyrbekov guilty of “defamation”[12].

July 4, Kokshetau city, Tulepbergenov A., Article 653, Part 1 of the Code of Administrative Offences of the Republic of Kazakhstan; the court arrested the journalist for 3 days on charges of contempt of court. “The court found that on May 31 this year at the court session the journalist-blogger was talking on the phone in the courtroom. The judge made a remark for talking on the phone. In response to the judge’s remark, A. Tulepbergenov left the courtroom, slamming the door hard”[13].

July 5, Konaev, Kaziev Yerkyn, Article 380, Part 1, Article 405, Part 2 of the Criminal Code of the RK, 2 years’ imprisonment. The appeal board of the Almaty Regional Court held a trial, which left unchanged the decision of the court of first instance as of April 11, 2023: 2 years imprisonment in a colony settlement, a ban on the use of social networks for 3 years and a compulsory payment of 49945 tg to the “Victims’ Compensation Fund”[14].

July 6, Almaty, photographer Leila Turlybek, who had come to Zheltoksan Square in Almaty in the afternoon for a solitary picket calling for a break in relations between Kazakhstan and Russia because of the ongoing war in Ukraine, was taken away from the scene of the action and taken to the Bostandyk police station. At the police station, she was forced to write a note explaining her actions. She was also given an “educational talk”. Then she was released[15].

July 6, Almaty, blogger Aitelenov N. held a solitary picket in front of the building of the police department, which, according to the blogger, shares responsibility for the outrageous acts of its other officers. “This is a mess, although if we take into account all the recent incidents, it is more like a planned action” – characterized Aitelenov N. the attitude of law enforcement officers to journalists[16].

July 9, Astana, an investigator of the Investigative Department of the Saryarka district summons activist Zhanbaeva V. on July 10, 2023 at 18:00 to participate in investigative actions on politically motivated criminal case against Zhylanbaev M.[17].

July 11, the international nongovernmental organization Committee to Protect Journalists (CPJ) called on the Kazakh authorities to immediately release Batyrbekov A., editor of the newspaper Saryagash-Inform. Human rights defenders say that “the 20-day prison sentence for Kazakh journalist Amangeldy Batyrbekov, who has been frequently targeted with defamation charges and even attempted murder for his reporting, is deeply troubling”[18].

July 11, the Committee to Protect Journalists (CPJ) also called on Kazakhstani authorities to “reform their defamation laws to ensure that journalists are not imprisoned for their reporting”[19].

July 11, Almaty, Article 272, Part 1/2, Articles 269,191 of the Criminal Code of the RK, five defendants in the case of “seizure” of Almaty airport during the January events were found guilty and sentenced as follows: Tleuzhanov A. to 4 years’ imprisonment, Nurpeisov K., Dalibaev N., Shilibaev E. and Karmenov Zh. to 8 years’ imprisonment.[20].

July 12, in Kostanay, activists Sandugash Sand-Akhmet and Suyubaev A. were summoned to the police for questioning as witnesses in a politically motivated criminal case[21].

July 13, Almaty, activist Kulzhakhanov S. was detained by police officers and taken to the Zhetysu district police station. Police officers stand in front of the house of activist Sagidolla Akayev and do not allow him to leave because he wanted to go as an observer to the trial related to the murder of 4-year-old Aykorkem Meldehan in January 2022[22].

July 13, the Military Court of the Almaty Garrison began a preliminary hearing in the criminal case against Arman Zhuman, who is charged under Article 451 of the Criminal Code of the Republic of Kazakhstan for “abuse of power” in connection with the death of Aykorkem Meldekhan. Aykorkem’s father, Aidos Meldekhan, and media representatives were not allowed to enter the courtroom. The court justified the secrecy of the trial by saying that “there are state secrets involved in the case”. The deceased girl’s father said his son was allowed to attend the trial[23].

July 13, Konаev city, Narymbaev E., article 174 of the Criminal Code of the Republic of Kazakhstan, 3 years of imprisonment. The court satisfied the request of the convicted person on substitution of the unexecuted part of the punishment with a more lenient type of punishment of restriction of freedom. About 11 months Narymbaev E. will have to be under probation supervision[24].

July 13, overview of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from July 13 to July 20, 2023[25].

July 14, Almaty, Toleubekuly Beszhan, Article 488, Part 7 of the Code of Administrative Offences of the RK. On the day of the hearing of the case of the “seizure” of the airport, the Administrative Court arrested the chairman of the public association “Independent Observers” for 15 days on the charge of “calling for an illegal rally”[26].

July 14, Almaty, at the opening of the monument to Alexander Nevsky, the journalist of Radio Azattyk Bakytzhanova M. tried to ask a question to Akim Dosayev B. However, she was unable to do so – several strong men grabbed her and pulled her aside. They held the girl until the governor’s car drove away[27].

July 14, Almaty, the Foundation “Adil Soz” will inform the competent authorities about the incident with the journalist Bakytzhanova M., and if appropriate measures are not taken, journalists are ready to file a police report on the fact of obstruction of lawful professional activity[28].

July 14, Astana, the Astana City Court dismissed the complaint of Kyrgyz citizen Ruzakhunov V, who demanded that the Ministry of Internal Affairs apologize for his unlawful arrest and torture during the January events[29].

July 15, Taldykorgan, Klyshev K., Article 405 of the Criminal Code of the RK, 5 years’ imprisonment. He is in prison for allegedly violating his parole by appearing in Almaty’s Central Park on May 1 without permission from the parole authorities. Klyshev K is currently awaiting an appeal[30].

July 17, Astana, the Akimat denied approval of a rally in support of Ukraine, which supporters of the movement “Alga, Kazakhstan!” planned to hold. Activists submitted a notification of intent to hold a rally on August 5, 6, 12, 12, 13, 19, 20, 26 and 27. Reason for refusal: incomplete information about the event was provided[31].

July 17, Almaty, the Akimat denied approval of a rally in support of Ukraine, which supporters of the movement “Alga, Kazakhstan!” planned to hold. Activists submitted a notification of intent to hold a rally on August 5, 6, 12, 12, 13, 19, 20, 26 and 27. The Akimat has cited the threat to public order and security in the holding of a peaceful meeting on this issue[32].

On July 17, Kokshetau activists submitted a notice of their intention to hold a rally in support of Ukraine on August 5, 6, 12, 13, 19, 20, 26, and 27. The Akimat of the city justified its refusal by the fact that other events were already planned for the mentioned dates. However, the officials did not present their schedule of events[33].

July 18, Shymkent, Sarsenov Zh. Akimat refused the activist to hold a peaceful protest on August 5,6,12,13,19,20,26 and 27, and on all weekends in August. Subject: In support of Ukraine. Reason for refusal: the information provided is “unreliable”[34].

July 19, Kazakhstan’s reluctance to fully investigate the January events and bring to justice those responsible for the deaths of 238 people undermines Kazakhstan’s commitment to ethics and integrity, said Hugh Williamson, Europe and Central Asia director at Human Rights Watch[35].

July 20, Almaty, Atinbayev B. was placed under administrative arrest for 20 days under Article 488, Part 1 Code of Administrative Offences of the RK on the charge of “calling for an illegal rally” on the day of the July 11 hearing on the case of “seizure” of the airport.

July 20, Astana, July 20, the Constitutional Court rejected a complaint of relatives against the authorities’ decision to classify as secret the murder case of Zhubanazarov R., a resident of Aktobe region, who was shot dead during the bloody events of January 2022[36].

July 20, Aktobe, relatives of Zhubanazarov R. are unable to examine the case materials, which is a violation of their rights. The existing norms on classification of criminal cases violate a number of rights stipulated in the Constitution[37].

July 20, Zhetysu region, Yeskeldy district, Karabulak settlement Bostanbekova Zh., Article 405, Part 2 of the Criminal Code of the RK. The court restricted her freedom for a period of 1 year. She was charged with “participation” in the activities of a banned movement. The reason was that she had joined the broadcast on the page of the opposition leader M. Ablyazov in Instagram before the early presidential elections, which were held in Kazakhstan on November 20, 2022[38].

July 20, Taldykorgan, the City Court found two NSC officers Baitursynov A. and Sorokin A. guilty of the death by torture of Mukashev A. during the events of Qantar 2022. Baitursynov A. was sentenced to 10 years in a colony under Article 146 of the Criminal Code of the RK. Sorokin A. was sentenced to 4 years of restriction of liberty under Article 434 of the Criminal Code of the RK for “failure to report the information he heard to the authorized body”[39].

July 20, overview of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from July 20 to July 27, 2023[40].

July 23, Turkestan region, A. Batyrbekov, Article 73-3 of the Code of Administrative Offences of the RK, 20 days imprisonment; the administrative court released the editor-in-chief of the newspaper “Saryagash-Inform” at the end of the term. The journalist believes that the verdict of the court was illegal[41].

On July 25, in Almaty, women (including activist Andreyeva Bagdagul) went on hunger strike in pre-trial detention center No. 72, where civil activist Aigerim Tleuzhan is being held, after the verdict was announced. They are protesting the conditions of their detention and demanding a fair investigation and trial. After the announcement of the verdict, civil activist A. Tleuzhan announced that she also intends to go on hunger strike[42].

July 25, the Chief Military Prosecutor’s Office of Kazakhstan commented on the non-admission of Aidos Meldekhan, the father of four-year-old Aykorkem, to the trial in the case of the death of his daughter in January 2022. The trial is held in closed session “related to the presence of secret documents in the case materials” – said the Chief Military Prosecutor’s Office of Kazakhstan[43].

July 25, Almaty: “In any case, I have the right to participate in the trial [as the father of the deceased]. At the moment my rights are being violated, and together with my wife and children I have made a collective statement, which I intend to publish today:”- said Aidos Meldekhan[44].

July 25, Taldykorgan, Mukhametkarim D., Article 258, Part 1, Article 405, Part 2 of the Criminal Code of the RK: The journalist, who has been detained for two months, has been on hunger strike for 20 days, demanding a fair investigation. His health has badly deteriorated[45].

July 27, Astana, activists of the unregistered party “Alga, Kazakhstan!” for the 17th time submitted to the Ministry of Justice the documents necessary to start the procedure of official registration. They submitted a list with 3106 signatures and 1506 videos. The authorities again refused, referring to Article 8 of the Law “On Political Parties”, claiming that the list of the initiative group did not meet the requirements of the law, but did not specify exactly what the discrepancies were in the list[46].

July 27, Almaty, Musin Adlet, Article 272 of the Criminal Code of the RK; the court found him guilty of participating in mass riots and sentenced him to 9 months’ imprisonment in a medium security colony. Musin Adlet was arrested following the January events and complained of torture in detention. He was taken into custody in the courtroom[47].

July 28, Taldykorgan, journalist Mukhametkarim D.’s request for transfer to Almaty was denied and he will remain in the detention center, says Abdrakhmanov R., deputy head of the Almaty regional police department for investigation, because “the crime was committed in the region”and the suspect should be kept in the Taldykorgan pre-trial detention center[48].

July 29, Almaty, Almaty police department refused to disclose details of the case of Uzbek citizen Makset Kanatbayev, who disappeared during the events of January 2022. In response to Azattyk’s inquiry, the police cited the secrecy of the investigation[49].

July 31, Almaty region, Zarechny village, Narymbaev E., Article 174 of the Criminal Code of the RK, 3 years of imprisonment: he was released from the colony. On July 13, the court of Konayev city granted his request for commutation of his sentence. Narymbaev E. will be under probation supervision for 11 months[50].

July 31, Ekibastuz, Zhamaliev Zh. and his wife Zhamalieva A. received a summons to appear at the Ekibastuz Police Department on August 1, 2023, to participate in questioning as witnesses in a politically motivated criminal case[51].

On July 31, Aktobe activists Tuksikova A. and Sarsengaliev A. received a summons to appear at the police department on August 1, 2023 to be questioned as witnesses in a politically motivated criminal case[52].

July 31, Pavlodar, probation officers came to the house of Nurgul Kaluova to see if she was at home. The term of probation supervision ended on January 3, 2022, but the probation officers continue to come to Kaluova N.’s house. The probation officers say that Kaluova N. has an additional punishment of being banned from using social networks[53].

[1] https://rus.azattyq.org/a/32485102.html

[2] https://rus.azattyq.org/a/32485053.html

[3] https://rus.azattyq.org/a/32484820.html

[4]https://www.facebook.com/permalink.php?story_fbid=pfbid02NPPJVVi7sBVKf6isZRVxgVGbHFZfD35xgrS52Xgn9Eh5b7etPbRwCvPzPUgZyKJUl&id=100006739503487

[5] https://kaztag.kz/ru/news/aygerim-tleuzhanova-podala-v-sud-na-genprokurora-za-narushenie-prezumptsii-nevinovnosti?utm_source=facebook&utm_medium=cpc&fbclid=IwAR32BRTX6V27sXeRJvCpTqS5bFZww2bGcLuPev0MHdjH-375FSKkLnmZeag

[6]https://www.facebook.com/murat.adam.1614/posts/pfbid0oB4RnDqR3FiaXdXF66BEyJqEXhuDFtRBgiEjKLJivsofZVUFCbhxom9rfp17cQ9l

[7]https://www.facebook.com/permalink.php?story_fbid=pfbid0ksgaER3ketDGjwoNYqPGxRUhSHy1zoxTGGpDgHqCiuNV466HtSKvukqS8iC2HCaTl&id=100088473830596

[8]https://www.facebook.com/permalink.php?story_fbid=pfbid02XZM9ZvfRnwESwrxyCRkxyHJWJ8WdrVEjp1nDwgFw2MAi4kfRbyf3mRPAsp6jLUAml&id=100088473830596

[9]https://rus.azattyq.org/a/32490526.html

[10] https://rus.azattyq.org/a/32488999.html

[11] https://rus.azattyq.org/a/32488713.html

[12] https://rus.azattyq.org/a/32488251.html