MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN from March1 to March 31, 2024

March 1 in Astana, students at Nazarbayev University were denied permission to hold a women’s march on March 8. Organizers said that after last year’s march, the university had received an unofficial warning from Akimat about restrictions on such events[1].

March 1, Konaev, the trial of Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK, was suspended pending investigation of an incident that happened to the defendant on the way from Konaev to Taldykorgan[2].

March 1, Almaty, police officers without summons detained Dostiyarov A. During the arrest force was used and no explanations were given. He was taken to the police department of Auezov district[3].

March 1, Almaty, Dostiyarov A., Article 488, Part 1 of the Code of Administrative Offences of the RK, 20 days of detention for “violation of the procedure for holding peaceful assemblies”. The court considered the live broadcast of the events of February 22 outside the court building in Konaev, where the hearing in the case against Muhammedkarim D. was held, as an assembly that was held without prior notification of the Akimat[4].

March 2, Taldykorgan, Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK: He is on hunger strike for the third day in the detention facility in Taldykorgan, the administrative center of the Zhetysu region. He demands that his complaint of torture by the police be investigated as soon as possible and that those responsible be brought to justice. He also demands an open trial[5].

March 2, Astana, Syzdykov A., Article 488, Part 6 of the Code of Administrative Offences of the RK, 15 days’ imprisonment for participation in a peaceful protest on March 17, 2023 in front of the EU Embassy in Astana demanding freedom for political prisoners. This arrest is a preventive prosecution before a possible protest scheduled for March 8, 2024[6].

March 2, Astana, Institution No. 64, T. Danebaev, Article 174 of the Criminal Code of the RK, 3 years of imprisonment: the political prisoner was provoked to have a negative degree of behavior in his case, which gives the right to refuse parole[7].

March 2, Almaty, Khuanysh Doszhan, Article 488, Part 6 of the Code of Administrative Offences of the RK, 15 days of detention; Atinbayev B., Article 488, Part 11 of the Code of Administrative Offences of the RK, 20 days of detention on the charge of “violation of the procedure for holding peaceful assemblies”. The court considered as an assembly the live broadcast, which took place without notification of the akimat on February 22 in front of the court building in Konaev, where the hearing on the case of Muhammedkarim D. D. Konaev was held[8].

March 4, Astana, an initiative group of dozens of Kazakh citizens from different regions of the country came to Astana to demand the cancellation of the recycling fee in Kazakhstan. Representatives of the group said that the recycling fee has not justified itself as a blocking measure for the development of the domestic automotive industry[9].

March 5, Zhanaozen, SWAT officers detained participants of a peaceful protest of oil workers, demanding an increase in wages. Dosekeeva Zh. was also detained and fined 129220 tenge under Article 488, Part 11 of the Code of Administrative Offences of the RK. Residents of the city came to the police building to demand the release of the detainees[10].

March 5, the Almaty City Akimat authorized a rally on the theme “For a dignified life of women!” which will be held by public activist Sheralieva B., founder of the social house “Rahym” for women in difficult situations. Sekerbaeva Zh., co-founder of “Feminita” and one of the organizers of the March 8 march and rally, said that in this way the Akimat is taking the agenda away from the feminist movement[11].

March 5, Taldykorgan, Muhammedkarim D., Articles 258, 405 of the Criminal Code of the RK, was recognized as a victim in the case of torture. The special prosecutor decided to initiate criminal proceedings under Article 146, Part 3, p.1 of the Criminal Code of the RK “Cruel, inhuman or degrading treatment, torture”[12].

March 5, Zhanaozen, police detained dozens of people who had gathered in front of the City Akimat and were on hunger strike demanding stable employment. On March 6, 70 detained unemployed people were tried in the city court. They were fined 110 thousand tenge, and since they were unemployed, the fine was reduced by 30 percent and they had to pay 77 thousand tenge[13].

March 6, Almaty, Akimat announced that it had received more than 20 appeals with “categorical demands” not to allow a feminist march and rally on March 8. The citizens are allegedly against feminists using the struggle for women’s rights to promote “foreign, non-traditional values”. As a result, the Akimat has decided to ban the action, fearing disruption of public order[14].

March 6, Almaty region, Zhaugashty settlement, Institution No. 10, political prisoner Tleuzhanova A., Article 272 of the Criminal Code of the RK, 4 years of imprisonment: another criminal case under Article 107 of the Criminal Code of the RK “Deliberate infliction of moderate bodily harm” was opened[15].

March 6, Karaganda, Aitmaganbetov Zhasla, human rights defender and head of the Eurasian Human Rights Organization, reported that he had been searched by police and that a criminal case had been opened for fraud, in which he was a witness with the right to protection. He claimed that his mobile phones, laptop and some documents were confiscated[16].

March 6, Uralsk, the head of the Zachagan police department of Uralsk applied to the criminal court to establish administrative supervision over activist Orazbaev A., but in the course of court proceedings the police representative requested to leave the case without consideration[17].

March 7, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from February 29 to March 7, 2024[18].

March 7, Kaskelen, Almaty region, Suleyman Demirel University (SDU University) did not give permission for a “Women’s March” to female students, referring to the law on peaceful assemblies, which requires that they must first receive approval from local authorities. Nevertheless, on March 7, some female students placed leaflets on the university campus highlighting gender issues in the country[19].

March 7, Almaty, lawyers of the International Bureau for Human Rights appealed to the Constitutional Court. The subject of the appeal: the provisions of Article 428 of the Criminal Procedural Code of the RK, which allow the appellate court to arbitrarily deny persons in custody the right to participate in court proceedings[20].

March 7, Almaty, a specialized court passed a verdict on the case of “calls for seizure of power”. They were charged under Articles 182, 179, 24, 272, 287 of the Criminal Code of the RK. Andreeva B., Torekulov E., Kulzhakhanov O. were sentenced to 6 years of imprisonment; Kiysymbaev A., Konar S., Nurlanov T., to 5 years’ imprisonment in a medium security institution. Ilipbaev A., under Article 272, 24 of the Criminal Code of the RK was sentenced to 3.4 years of restriction of liberty. The court also decided to collect a forced payment to the Victims Fund[21].

7 March, Konaev, Klyshev K., Article 405, Part 1/2 of the Criminal Code of the RK, 5 years’ imprisonment. Judge Amirkulov M.T. rejected the petition of the political prisoner to replace the unserved part of the sentence with a more lenient one, referring to the fact that he had “not fully proved his reform”[22].

March 7, Almaty, the city court has considered the appeal against the decision of the Almaly district court of January 12, 2024 on the civil suit of Turabekov A. against the defendants Espenbetova A. and Smailova D., the fund “NEMOLCHI.KZ” under Article 73-1 of the Civil Code of the RK. The court ruled: the decision of the Almaly District Court No. 2 of Almaty as of January 12, 2024 is left unchanged; the appeal is left without satisfaction, with the right to appeal to the Supreme Court of the Republic of Kazakhstan[23].

March 9, Almaty region, Sarsenbaiuly R. was admitted to the intensive care unit of Talgar hospital. He was brought to the hospital by ambulance from the police station of Talgar district, where he was taken after being detained on his way to a press conference. His wife M. Aspandiyarova said that the detention was carried out with the use of brute force. The social activist is charged with “illegal action” under Article 488 of the Code of Administrative Offences of the RK[24].

March 9, Almaty region, regional police department rejects the use of force against social activist Sarsenbai R., who was taken to intensive care after his arrest[25].

March 12, Almaty, a briefing on the theme “An independent state without political prisoners!” took place at 3 pm. “If we do not support democracy today, the consequences of arbitrariness can affect everyone” – said the speakers of the briefing Sarsenbai R. and Aspandiyarova M.[26] .

March 12, Astana, journalists called the police to the court building in connection with the case of K.Bishimbayev. According to them, the court administration violated article 158 of the Criminal Code of the RK (obstruction of lawful professional activities of journalists)[27].

March 12, the Akimats of Semey, Uralsk, Shymkent, Almaty, and Pavlodar refused to grant permission for peaceful assemblies on March 21, 22, and 23. Topics: Freedom for M. Zhylanbaev, freedom for political prisoners, registration of the party “Alga Kazakhstan!”. Reasons for refusal: Previously coordinated events, submission of incomplete data, and submission of incorrect data[28].

March 13, Astana, the Chairman of the Majilis E. Koshanov was asked: “What is the reason for the growing number of political prisoners in Kazakhstan, despite the statements of the authorities on building a new, just Kazakhstan?” The journalist asked Koshanov E.: “Why does the current government try to intimidate people who criticize it?”. In response, Koshanov E. said: “I believe that before the law applies to everyone without discrimination. The one who broke the law should be held responsible”[29].

March 13, the Akimats of Petropavlovsk, Kostanay, Aktobe, Kokshetau and Karaganda for 11 times did not give permission to hold peaceful meetings on the theme: Freedom for M. Zhylanbaev, Freedom for political prisoners, registration of the party “Alga Kazakhstan!”. Reasons for refusals: Previously coordinated events, lack of regulations for peaceful assembly[30].

March 13, Almaty, the Almaty City Court’s Appeal Board upheld the Medeu District Court’s decision to dismiss the appeal of Duisenova B., who tried to seek monetary compensation for the gunshot wound she received from law enforcement officers during the January events[31].

March 14, Almaty, A. Muratov, an arrested Karakalpak activist, was prosecuted two weeks after an OSCE conference in Warsaw where Karakalpak activists gave speeches. The Karakalpakstan authorities claimed that their speeches contained “ideas of religious extremism, separatism and fundamentalism”[32].

March 14, Almaty region, Zhaugashty settlement, IA “Women’s Colony”: The case opened in the colony under Article 107 of the Criminal Code of the RK against activist Tleuzhanova A. should be closed, believes lawyer Aidarkhanova A[33].

March 14, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from March 7 to March 14, 2024[34].

March 14, Astana, activists of the group to create a party “Alga, Kazakhstan!” for the 23rd time, starting from May 2022, submitted the list of initiative group to the Ministry of Justice to start registration. On the same day the activists received a refusal from the Ministry. “The Ministry, citing Article 8 of the Law on Political Parties, considers that the list of the Initiative Group does not meet the requirements of the law.) The authorities did not specify what exactly does not comply with the law[35].

March 14, Almaty, lawyer Aidarkhanova A. gave a press conference concerning a new criminal case under Article 107 of the Criminal Code of the RK against Tleuzhanova A., which was instituted against her after she started serving her sentence in institution No. 10 in Zhaugashty settlement of Almaty region[36].

March 15, Almaty, Seitmukhamed Shezhimbekuly was sentenced in to a fine of 369,200 tenge for financing the organization “Nagyz Atazhurt”, which is not registered in Kazakhstan. Members of the organization are worried about the increasing fines. Some of them are being tried for “participation in the activities of an unregistered organization”, others for “financing an unregistered organization”. Kapar Akhmet, Article 489, Part 10 of the Code of Administrative Offences of the RK, was sentenced to a fine of 369200 tenge[37].

March 15, judicial acts in relation to Isaev N., Zhumanov E., and Prizhanov G., who were sentenced to long terms of imprisonment under Article 380-1, Part 2 of the Criminal Code of the RK as a result of the January events, were not published and are still not available to the public. The Supreme Court explained that the convicts had committed “especially grave crimes”. However, human rights activists and lawyers believe that this explanation is untenable[38].

March 16, Astana, Syzdykov A., was sentenced under Article 488, Part 6 of the Code of Administrative Offences of the RK to 15 days of arrest for a visit to the Ministry of Justice on October 11, 2023, when members of the currently forming party “Alga Kazakhstan!” were submitting documents for the registration of the party[39].

March 16, Kokshetau , in the case of activist Akhmetkaliev M., procedural violations were found. It turned out that the investigator Nurpeisov, not having the right to sign on behalf of the interpreter Tileubaev, put his signatures on procedural documents[40].

March 18, Satpayev, the criminal case under Article 430 of the Criminal Code of RK against the former miner and activist Nasyrkhanov B. went to court. The date of the trial is set for March 27. At the same time, on March 17, the decision to convene the trial appeared in the “Judicial Office”. Nasyrkhanov B. did not know about the decision of March 15[41].

March 18, Astana, Kazakhstan President Tokayev K. gave new powers to the National Security Committee (NSC) and removed the wording concerning the protection of former President Nazarbayev N.[42]

March 18, Taldykorgan, 4 police officers were found guilty under Article 146 of the Criminal Code of the RK for torture during the “January events”. The verdict sentenced 3 of them to terms of imprisonment from 4 to 6 years, one of them was sentenced to restriction of liberty, and the court stripped them of their ranks and deprived them of the right to work in the public service[43].

March 18, Astana, the presiding judge of the Military Court Zhandos Musabekuly removed journalists from 5 newsrooms (KTK, Astana, UlysMedia, BesMedia, sotrepot.kz) from the courtroom where a public trial was being held because one of the parties objected to photography and videotaping[44].

8 March, Almaty, the Bostandyk district prosecutor’s office decided to extend the detention of Karakalpak human rights defender Muratov A. for up to 12 months. The Uzbek authorities accuse him of inciting mass disorder and violence (Article 244 Part 2 of the Criminal Code of Uzbekistan) and producing or displaying materials that threaten public security (Article 244-1 Part 3 of the Criminal Code of Uzbekistan)[45].

March 18, Astana, preventive harassment before the announced peaceful protests on March 21-22, 2024 began. Kenzhibekov A. and Amrenov K. were arrested. Politically motivated trials and subsequent arrests are pending[46].

March 19, Kostanay region, Karabalyk district, the court considered the case of administrative violation against the activist Sarsenbaev M. Zh., who was brought to administrative responsibility under Article 73-3, Part 2 of the Code of Administrative Offences of the Republic of Kazakhstan. The court found him guilty and imposed a fine of 664562 tenge[47].

March 19, Almaty, the wife of activist Dostiyarov A., Article 488, Part 11 of the Code of Administrative Offences of the Republic of Kazakhstan, who was sentenced by the court to 20 days imprisonment for allegedly participating in an illegal gathering, informed about alleged pressure on those administratively detained in the Temporary Detention Facility (“TDF”) in Chunja village, Uyghur district, Almaty region[48].

March 19, Astana, Samat Abish, nephew of ex-president Nazarbayev N. and former 1st deputy chairman of the NSC, was found guilty under Article 362, Part 4 and sentenced to 8 years of probation in the case of the January events[49].

March 19, Astana, Amrenov K., Kendzhibekov A., Article 488, Part 11 of the Code of Administrative Offences of the RK, were sentenced 20 days’ imprisonment for a visit to the Ministry of Justice on March 14, 2024 , when members of the currently forming party “Alga Kazakhstan!” were submitting documents for the registration of the party[50].

March 19, Astana, Musabayev M., Article 434, Part 1 of the Code of Administrative Offences of the Republic of Kazakhstan, was sentenced to 5 days’ imprisonment for allegedly showing the “middle finger of the right hand” (to whom it is unclear) on January 24, 2024 in front of the military court building in Astana[51].

March 19, Astana, a criminal case was brought against the former head of the Ministry of Internal Affairs Turgumbayev E. in relation to the January events. The case was opened under Article 361, Part 1 of the Criminal Code of the RK (“Abuse of authority”)[52].

March 19, Almaty, the Almaly district court sentenced three police officers to three years’ imprisonment each under Article 146 of the Criminal Code of the RK for using torture during the events of January 2022. In addition to the prison sentences, the convicts were stripped of their special ranks and deprived of the right to hold public office[53].

March 20, Astana, the court held a hearing on the suit of Suleimenov Zh. to the Ministry of Finance of the Republic of Kazakhstan and others on payment of the money allocated by the fund “Biz birgemiz”in the period of the pandemic in 2020. The judge read out the operative provisions of the court’s decisions: The first claim was rejected, and as for the second claim, the court decided to return the claim with all attached document[54][55].

March 20, Almaty region, Chunja village, Doszhan Huanysh, Article 488 of the Code of Administrative Offences of the RK, who is currently under administrative arrest, was sentenced to 7 more days of arrest. He was accused of “violating the order of holding peaceful assemblies”. Human rights activists believe that the detention center deliberately organized a provocation[56].

March 20, Astana, “Since early 2022, the Prosecutor General’s Office has continued investigations against law enforcement officials for failure to ensure order and security during the January events, and use of torture against citizens”. “Within the framework of ongoing investigations, the former Minister of Internal Affairs Turgumbayev E. was questioned” – said in a statement of the Prosecutor General’s Office[57].

March 22, Astana, the office of the United Nations (UN) in Kazakhstan has appealed to Astana on the situation of five asylum seekers from Karakalpakstan[58].

March 20, Almaty, Nurgazin Kuanysh Nurgazin, uncle of fugitive Kazakh banker Ablyazov M., was acquitted by the Almaty court, reported lawyer Kunserkin Zh.[59].

March 21, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from March 14 to March 21, 2024[60].

March 21, Kokshetau, Negmetov Ualikhan, Article 488, Part 7 of the Code of Administrative Offences of the RK, 7 days of detention for allegedly calling for a rally. On March 19, in the CHVK Kokshetau telegram-chat he posted a video clip with a call for a rally on March 21-22, 2024[61].

March 21, Uralsk, “There is surveillance outside my house. Two people are sitting in a private car, on the other side there is a patrol car with the number 121, another patrol car saw me and immediately drove away, and I did not have time to photograph it” – reported activist Okhasov O.[62].

March 21, Almaty region, Zhaugashty village, Tleuzhanova A., Article 272 of the Criminal Code of the RK, 4 years’ imprisonment. The activist for the second time is not allowed to leave the colony for medical treatment, lawyer Aidarkhanova A. says[63].

March 21, Kyzylorda region, Shieli settlement, appeal of activist Akhanova G. concerning her persecution: “I believe that this is illegal political persecution for participating in the challenges with the demand for the release of political prisoners and with the call for an international investigation into the events of January 2022”[64].

March 22, Astana, N. Kulyshev and N. Kazhigaliev, Article 488 of the Code of Administrative Offences of the RK, were sentenced to 20 and 15 days of arrest for violating the law on peaceful assemblies prior to the announced meetings[65].

March 22, Ust-Kamenogorsk, Ruslan Nurkanov, Article 488, Part 6 of the Code of Administrative Offences of the RK, was sentenced to 15 days of arrest for violating the law on peaceful assemblies prior to the announced meetings [66].

March 22, Almaty, prior to the rally announced for March 21-22, 2024, a list of administrative detentions, fines, and external surveillance was prepared by human rights defenders. The list is current as of 13:00 on March 22, 2024[67].

March 26, Karakalpak activist Rasul Zhumaniyazov was arrested in Astana. He was arrested at the request of Uzbekistan. He is one of the leaders of the political movement “Alga, Karakalpakstan!”[68].

March 26, Almaty, monitoring of political persecution in connection with the announced peaceful protests on March 21-22, 2024. Current data as of 06:00 on March 26, 2024[69].

March 27, Pavlodar city, Kuzairov D, Article 434, Part 2 of the Code of Administrative Offences of RK, was arrested for 15 days for foul language during live broadcast on social networks. In the course of monitoring social networks, the police discovered the fact of using foul language. The blogger went live and while speaking, he allegedly used foul language against the President of Russia[70].

March 27, Satpayev, B. Nasyrkhanov, Article 430 of the Criminal Code of the RK: the city court began consideration of the criminal case for non-execution of additional punishment, for a term of three years on his main sentence under Article 405 of the Criminal Code of the RK – 3 years of restriction of liberty in 2021[71].

March 27, Kyzylorda, Bekmaganbetov Y.: Three police officers visited the activist and delivered a wrongly filled out summons to appear at the Kyzylorda police department on March 28, 2024 at 10:00 a.m. for questioning in a criminal case. Authorities persecute activist for participation in challenges and criticism of authorities[72].

March 27, Atyrau, the regional court considered the private complaint of activist Bokay M. about the restoration of the missed deadline for filing a complaint against the decision of the court № 2 of Atyrau dated January 22, 2024. The judge read out the operative part of the court’s decision: “The decision of the court № 2 of February 16, 2024 should be left unchanged; the private complaint should be left without satisfaction, as there is no evidence of a justified reason for missing the deadline”[73][74].

March 28, Astana, the judicial Board on criminal cases of the Military Court considered the appeal against the verdict of the court of first instance in the case of the death of Aykorkem Meldekhan, a girl who died during the Qantar events. The court decided to overturn the verdict of the first instance court and sentenced the serviceman Arman Zhuman to 7 years’ imprisonment in accordance with Article 451 of the Criminal Code of the RK[75].

March 28, Akmola region, Tselinograd district court brought six residents of the village of Koyandy to administrative responsibility under Article 488 of the Code of Administrative Offences of the RK. The court clarified that the citizens were held responsible for “illegal rally “, as they did not submit a notification five days in advance[76].

March 28, Almaty, the editorial staff of “Orda” initiated an action to pay the fines of residents of the flooded village Koyandy, Akmola region. Residents of the flooded village, who took to the streets in protest, were fined instead of receiving help from the authorities. Six people were fined more than 640,000 tenge[77].

March 28, Ust-Kamenogorsk, thanks to the project “Legal assistance to refugees and stateless persons”, which is carried out jointly with the Office of the UN High Commissioner for Refugees and the Migration Service of Ust-Kamenogorsk, was provided assistance to Spiridonov V. He was helped to pay the fine and to obtain identity documents[78].

March 28, Kyzylorda, Bekmaganbetov Y. was illegally detained by police officers. The activist was taken to the police station to write a report about the post on Facebook calling for a peaceful protest on March 4, 2024. The court found the activist guilty of violating Article 488, Part 7 of the Code of Administrative Offences of the RK and placed him under arrest for 1 day[79].

March 28, Almaty, overview from the Adil Soz Foundation on the situation in Kazakhstan with the right to freedom of expression, receiving and disseminating information from March 21 to 28, 2024[80].

March 28, Almaty, 21-year-old Russian Denis Kozak left for one of the European countries. He served 1 year in Kazakh pre-trial detention on extradition request from Russia, where in 2022 criminal case was opened against him in Rostov-on-Don accused of public approval of terrorism by posting a comment in the social network “VKontakte”[81].

March 29, Almaty region, Zhaugashty settlement, Tleuzhanova A., Article 272 of the Criminal Code of the RK, 4 years’ imprisonment. Law-enforcement bodies have closed a new criminal case. Investigators have found in the actions of the convicted person the corpus delicti of administrative violation and forwarded the materials to the police department of Iliyskiy district, Almaty region[82].

[1] https://www.instagram.com/p/C39fGG_Cja6/?img_index=2

[2] https://respublika.kz.media/archives/118030

[3] https://rus.azattyq.org/a/32843441.html

[4] https://rus.azattyq.org/a/32844883.html

[5] https://rus.azattyq.org/a/32845028.html

[6] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3757684437884145/

[7]https://www.facebook.com/permalink.php?story_fbid=pfbid0eGorf87VtxeXHGiTFB4LAVrK2LUUgF55QZyNT5bbE55AUohQvMTZ55WvxDcpWC8Bl&id=100002530008823

[8]https://www.facebook.com/mirbolat/posts/pfbid02AhmMnanvpwR38Nno3fXUmEi8RHAptmSzmh9SLpZ8vo5ABTfsD4fxRwGJ26ufps6jl

[9] https://kaztag.kz/ru/news/gruppa-kazakhstantsev-priekhala-v-astanu-iz-raznykh-regionov-s-trebovaniem-otmenit-utilsbor

[10] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3760356787616910/

[11] https://vlast.kz/novosti/59192-miting-za-dostojnuu-zizn-zensin-soglasoval-akimat-almaty.html

[12] https://rus.azattyq.org/a/32848986.html