MONITORING OF POLITICAL PERSECUTION IN THE REPUBLIC OF KAZAKHSTAN FROM NOVEMBER 1 TO NOVEMBER 30, 2022

November 1, Almaty, an online press conference on “British MPs and Lord MacDonald of River Glaven, Andrew Mitchell and Rushanar Ali have initiated the creation of a non-governmental commission to investigate Qantar2022, the detention and treatment of Zh. Mamai” took place[1][2].

November 1, Almaty, a press conference was held at the Kazakhstan International Bureau for Human Rights and the Rule of Law with regard to the fact that Yermek Narymbaev has been on hunger strike for exactly one month. Narymbaev urges the authorities to release all prisoners on political grounds, and he also demands that a fair count of the votes and voter turnout percentage for the presidential elections on November 20, 2022 be held[3].

1 November, Almaty, criminal cases on complaints of torture and ill-treatment filed by detainees during and after the events of #Qantar2022 are being closed before they get to court. Lawyers claim that the investigation was conducted behind closed doors and half-heartedly. Human rights defenders say that the authorities bargain with the victims[4].

November 1, Almaty, according to the Coalition of NGOs of Kazakhstan against Torture, they have received 188 reports of torture after #Qantar2022. There were 45 reports of torture from Almaty, 44 from Taldykorgan, 33 from Taraz, 12 from Ust-Kamenogorsk and 11 from Kyzylorda. Additionally, letters about torture were received from 11 regions – about ten letters from each region. Eleven victims were women and 13 were minors. 72 criminal proceedings initiated on allegations of torture in 11 regions were dismissed[5].

November 1, “The Anti-Corruption Service not only does not make any attempt to investigate complaints of torture, but it does not even register some cases in the registry. The court ignores the obligation to register cases as well. Several people have been told, “If you don’t withdraw your complaints of torture, we will charge you with other articles”. ”But if you withdraw your complaints, we’ll put you on trial for participating in mass riots”, says Kuatbekova Gulmira, a member of the Coalition of NGOs of Kazakhstan against Torture. She handles more than 20 cases of torture[6].

November 1, Astana city, Akimat refused Sembay Askar’s request to hold a peaceful rally on November 9, 2022 with the subject: “Stop genocide against ethnic Kazakhs in China”. The reason for the refusal was that the data and information provided in the notification were incorrect[7].

November 2, Almaty, facility LA-155/72, Mamay Zhanbolat, Article 378, 274, 400 of the Criminal Code of the Republic of Kazakhstan, was placed under house arrest. “By a court ruling, for the period of consideration of the case, the measure of restraint in respect of the defendant has been changed from detention to house arrest”, according to the court’s statement[8].

November 2, Almaty, “Kazakhstan needs a national plan to ensure the safety of journalists. This document should serve as a kind of a unifying act, which will bring together the vision of the problem of all stakeholders – first and foremost, the journalists themselves and the media”, says the President of PF “ Adil Soz” Kaleyeva Tamara[9].

November 2, Kostanay, Sergazinova Alexandra, Article 73 of the Administrative Offences Code of the Republic of Kazakhstan: The court for administrative offenses ended the hearing of the case against the journalist of the “Tobol-Info” for defamation and acquitted the journalist[10].

November 2, Semey, Baisagatov Aidar, Article 380, Part 1 of the Criminal Code of the Republic of Kazakhstan, political prisoner who was sentenced to 1.5 years. The Supreme Court of Kazakhstan refused to transfer the cassation appeal to the judicial board for consideration[11].

November 3, Konaev, Narymbaev Yermek, Article 174 of the Criminal Code of the RK, political prisoner: the court issued a ruling recognizing that the prisoner has the right to protest and this right must be respected[12].

November 3, Zhanaozen, Dosekeyeva Zhadyra, Article 488, Part 12 of the Administrative Offences Code of the Republic of Kazakhstan, was fined 150,087 tenge for a solitary picket outside the city administration building[13].

November 3, Almaty, facility No. 72, Makhanbaev Kosay, Article 272 of the Criminal Code of the Republic of Kazakhstan: the prosecutor’s office upheld the lawyer’s motion to transfer Mr. Makhanbaev to house arrest from 4 November 2022. He was prohibited from using a cell phone and the Internet[14][15].

November 3, Almaty, the second court session was held in the military court of the Almaty garrison on the death of the shepherd Kyrykbayev E, who died of gunshot wounds on the outskirts of Taldykorgan during the events of #Qantar2022. The commanders of soldier Zlunyaev M., the defendant, stated “that they would have done the same”[16].

November 3, Astana, Shyndaliyev Aset, a representative of the Prosecutor General’s Office, commenting on the application of the law on amnesty to the participants of the January events, stated that the amnesty could cover 102 people who had been sentenced to the actual terms of imprisonment[17].

November 3, 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 October 27 to November 3, 2022[18].

November 4, the majority of the criminal cases that were initiated on complaints of torture of those detained during and after the events of #Qantar2022 never went to the courts. 80 percent of such cases have been dropped. Torture goes unpunished, human rights activists say[19].

November 4, Taldykorgan, representatives of victims appealed to the Ombudsman E. Azimova with regard to violation of their rights. It was reflected, in particular, in the fact that the courtroom was unsuitable for participation of a large number of participants in the process, confidentiality of negotiations of victims with their representatives was not ensured at all[20].

November 7, Astana, the Supreme Court of Kazakhstan refused to satisfy the claim of activist Ilyashev Alnur against the Central Election Commission and the President of Kazakhstan K. Tokayev[21].

November 7, Almaty, Mamay Zhanbolat, Articles 274, 400, 378 of the Criminal Code of the RK, house arrest. The consideration of his criminal case began in Bostandyk court № 2. Mamay Zhanbolat was accused of “spreading knowingly false information”, “insulting a representative of power” and “violation of the procedure for organizing and conducting peaceful assemblies”[22].

November 7, Aktau, police detained a group of mothers of many children. Several dozen women could not get into the House of Friendship, where President Tokayev was holding a meeting today with the “public” of Mangistau region. These women wanted to talk about their problems[23].

November 7, Astana, “Criminal cases against five people who were suspected of participating in the January events have been dismissed under the amnesty”, reports a representative of the General Prosecutor’s Office, E. Kilymzhanov[24].

November 7, Astana, “As of today, 122 people were sentenced to imprisonment, 521 people were sentenced to restriction of liberty, 419 were given suspended sentences in cases related to the January events. Another 6 people were sentenced to community service, 7 persons were sentenced to fines. The criminal cases against 14 people were terminated due to their rehabilitation. Plea agreements were made with 431 suspects”, reports E. Kilimzhanov, a representative of the Prosecutor General’s Office[25].

November 7, Astana, “In cases of torture related to the January events, 29 law enforcement and special forces officers have been identified as suspects. Two criminal cases against eight police officers in the cities of Taldykorgan and Almaty have been sent to court”, says E. Kilymzhanov, a representative of the General Prosecutor’s Office[26].

November 7, Uralsk, Yeskendirova Marua, Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan, house arrest. She managed to get herself admitted to a hospital, where she could receive the appropriate treatment. For 11 days she was refused to be hospitalized: 4 times she called an ambulance and 3 times she went to the hospital herself, but since she had no insurance, she could not get help[27].

November 8, Almaty, Mamay Zhanbolat: at the trial the indictment was read out, in which charges were brought under Article 274 ( spreading knowingly false information), Article 378 (insulting representatives of power) and Article 400 of the Criminal Code of the RK (violation of the procedure for organizing and conducting peaceful assemblies). All the episodes are related to public assemblies[28].

November 8, Astana, about four dozen citizens gathered in front of the Amanat party headquarters to urge President Tokayev and the party chairman to meet with them. Many of them came to the capital from different regions of Kazakhstan. They complain about the injustice of the judicial acts concerning them or their relatives, while others talk about housing problems[29].

November 8, Shymkent, Sultanbek Kairat, Articles 269,272,405 of the Criminal Code of the RK, sentenced to 3.5 years. Political prisoner. The Abay district court released him under amnesty[30].

November 9, Akmola region, Bestobe village, Katchiev Nikolay. The investigator asked him to come to the police in Stepnogorsk on November 10 for questioning in the criminal case. “I assume that the summons to the police for questioning may be related to the planned meeting of citizens on November 15”, says N.Katchiev[31].

November 9, Aktobe, at the trial of 18 defendants on #Qantar2022 lawyers questioned the extent of damage of 32 million tenge inflicted on the police. There were 40 flak jackets, 2 shields, 2 truncheons, 3 helmets and one ballistic helmet missing from the police officers[32].

November 9, Almaty, Mamay Zhanbolat, Articles 274,380,400 of the Criminal Code of the RK, house arrest. Court No. 2 continued consideration of the criminal case against him in the offline format at the request of the defendant[33].

November 9, Almaty, Mamay Zhanbolat, observers paid attention to the bad sound in the room in the courthouse, where part of the observers and activists were placed. Supporters of Mamay tried to go to the courtroom, but the security service of the court did not let them in[34].

On November 9, Astana, four women who lost their loved ones during the events of #Qantar2022 came with their children to the office of the Prosecutor General’s Office. The women asked for financial compensation and housing. One of them demanded the acquittal of her husband, who had been killed during the #Qantar2022 events. The women were received by the prosecutor on duty[35].

November 9, Almaty oblast, Zarechnyi village, Narymbaev Yermek, Article 174 of the Criminal Code of the RK, who went on hunger strike in prison, was transferred to the infirmary of the prison. “Narymbayev has no other way but a hunger strike to communicate his position, this is in fact a political message to the Tokayev administration”, says lawyer Nurpeisov Galym[36].

November 9, Orda.kz journalists write that “the Kazakh authorities’ positional war against undesirable content on the Internet continues. In independent reports on Internet freedom, Kazakhstan could soon come close to Sudan, and now it turns out that foreign sites are getting blocked at the government level because of contextual advertising”[37].

November 9, 2022, Astana, members of the committee on the establishment of the party “Alga, Kazakhstan!” submitted a list of the initiative group to the Ministry of Justice for the 6th time in 2022 in order to begin registration of the party. The list contains 2331 people out of the legally required 1000 people; there are videos from 1251 people, which prove that the list complies with the law[38].

November 9, Astana, the Ministry of Justice of the Republic of Kazakhstan sent back the activists’ documents for the sixth time, citing Article 8 of the law “On Political Parties”, which specifies the conditions for party membership and the reasons for its termination[39].

November 9, Zhambyl region, Turksib settlement, 19-year-old student Oshakbay Toktar was killed during the events of #Qantar2022. He was posthumously charged with participation in the mass riots. After her son’s death, Rakhymbekova Zhamilya has been writing letters; she has been traveling to Astana and has been holding protests. She is trying to get her son acquitted[40].

November 9, Taldykorgan, three criminal police officers, one local patrol service officer and one cadet of the Interior Ministry Academy are involved in a case of torture of 24 victims, four of whom were minors[41].

November 9, Taldykorgan, “direct burning with an iron or burning with steam, rape, burning with cigarettes, electroshock, fractures of ribs, fingers, nose, jaw, pulling of teeth, beating by a group of people (including with feet and some objects), deprivation of food and drink and the opportunity to use the toilet” – all this was taking place in the police building of Taldykorgan during the detention of people arrested for their participation in #Qantar2022[42].

November 9, 10, 11, Astana, Shymkent and Petropavlovsk, the city akimats refused to hold peaceful protests on 20 November. Themes of protests: “cancellation of presidential elections, registration of political parties, international investigation of January events and release of all political prisoners”. The reason for the refusals was the fact that another event was planned, incomplete data were provided, and the rules of procedure for a peaceful assembly were incomplete[43].

November 10, 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 November 03 to November 10, 2022[44].

November 10, Kyzylorda, Kudaibergenov Kazbek, Article 272, Part 2, Article 255, Part 4, Article 380, Part 3, Article 380-1, Part 2 of the Criminal Code of the Republic of Kazakhstan on the events of #Qantar2022. He is accused of “fatal hitting a soldier with a military car” and attempting “to commit a terrorist attack”. During the trial, the lawyers of Kudaibergenov demanded to conduct an exhumation[45].

November 10, Uralsk, Okhasov Orynbai, Article 405 of the Criminal Code of the RK, 7 months and 17 days imprisonment, political prisoner, was released. He was found guilty of “participation in the activities of a prohibited organization”[46].

November 10, Aktobe, the Akim of Aktobe Shakharov Askhat gave evidence as a witness in the case of 18 defendants in the events of #Qantar2022. He stated that he voluntarily came out to the protesters to talk to them. He explained what he meant by saying in the square that he was “together with the people”[47].

November 10, the online edition “Eurasianet.Org” has restored the article about the election campaign of the President K.Tokayev on its website. Earlier, the online edition reported that the article has been removed under pressure from the Kazakh authorities[48].

November 10, Akmola region, Bestobe village: Katchiev Nikolay informed that a new criminal case was filed against him under Article 274 Part 1 of the Criminal Code of the RK “Spreading knowingly false information” and it was related to the fact that local citizens intended to go on foot to the capital to President Tokayev K. to tell him about the problems of the village[49].

November 10, Almaty region, Zarechny settlement, Yermek Narymbayev, Article 174 of the Criminal Code of the Republic of Kazakhstan, 3-year imprisonment. In detention the activist is on his 40th day of hunger strike. His lawyer Balgabaeva Zh. informed that Narymbaev could not come to the meeting because of poor health[50].

November 10, Shymkent, Abay district court, Ashtaev Zhanmurat, Article 405, Article 269, Part 2, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan,3.1 year imprisonment. The court left without satisfaction the amnesty petition of the prisoner, who was convicted in connection with #Qantar2022[51].

November 11, Taldykorgan, Aliaskarov Bauyrzhan is accused of “organizing mass riots” during the #Qantar2022. He appealed for help to international organizations. He claimed that he was subjected to torture during his imprisonment[52].

November 11, Astana, Zhylanbayev Marat, Article 488, Part 6 of the Administrative Offences Code of the RK, arrest for 15 days. The court order says that Zhylanbayev M. on 21 August 2022 in the square “Tsvetochnyı sad” has participated in a rally without getting authorization[53].

November 11, Kyzylorda, Baimgambetov Muratbay, Article 272, Part 1 of the Criminal Code of the RK, house arrest. Off-line trial of the activist on the events of #Qantar2022 is taking place in the city court No.2. The investigation presented a video showing the activist asking the people not to disperse. The case is politicized, because the activist has openly criticized the authorities[54].

November 11, Ust-Kamenogorsk, Baigulin Marat, Article 488, Part 12 of the Administrative Offences Code of the RK, arrest for 15 days for urging people on his Facebook page on November 9 to join a peaceful protest on November 20[55].

November 11, Almaty, Talipov Saken, Article 272 of the Criminal Code of the RK, 1 year suspended sentence. The court granted an amnesty and dismissed the charges against him. He was previously charged under Article 272 of the Criminal Code of the RK “mass riots” in connection with the #Qantar2022[56].

November 11, Astana, Musabayev Marat, Nugmanov Mereke, Zhanbayeva Venera, Kantarbayeva Sandugash, Article 488, Part 6 of the Administrative Offences Code of the RK, 15 days of arrest for participation in an unauthorized rally in the square “Tsvetochnyı sad” on 21 August in advance of the visit of the European Parliament delegation to Kazakhstan[57].

November 11, Astana, Oshakbayeva Semigul, Article 488, Part 6 of the Administrative Offences Code of the RK, a fine in the amount of 91,890 tenge for participating in an unauthorized rally on August 21 in the square “Tsvetochnyı sad” in advance of the visit of the European Parliament delegation to Kazakhstan[58].

November 13, Aktobe region, another Karakalpak activist Yuldasheva Tleubike was detained at the Zhaisan checkpoint on the border of Kazakhstan and Russia. The activist was in the database of wanted persons[59].

November 14, Almaty, activists of the movement “Oyan, Qazaqstan!” held a rally demanding to rename Nazarbayev Avenue into Qantar (January) Avenue in memory of the victims of the January events[60].

November 14, Astana, Abzhan Makhambet, Article 194, Part 4 of the Criminal Code of the RK. His arrest was extended according to the statement of the investigator of the Anti-Corruption Service, “The victims have not been familiarized with the case, and he can hide from the court”, – says the lawyer of the journalist Shaikov Tolegen.

November 15, 16, 17, Almaty, Taraz, Kostanay, city akimats denied permission to hold peaceful rallies on November 20 with the following topics: “Cancellation of presidential elections, registration of political parties, international investigation of January events and release of all political prisoners”. The reason for the refusals was that other events would be held and the notification was not drafted properly[61].

November 14, Talgar city, Karayev Asilbek, Article 488, Part 12 of the Administrative Offences Code of the RK, 18 days of arrest for disseminating on his Facebook page on 8 November an appeal to participate in an unauthorized rally on 14 November in Konaev city[62].

November 15, East Kazakhstan region, Glubokovskiy district, Bobrovka village, Idyryshev Serik, Article 480, Part 1 of the Administrative Offences Code of the RK, a fine in the amount of 30,630 tenge for leaving the Glubokovskiy district on November 11 without proper permission from the authorized supervisory body and violating the restrictions imposed on him[63].

November 15, Zhanaozen, Karashayev Yestay, Article 488, Part 7 of the Administrative Offences Code of the RK, 6 days of arrest for calling to take part in the rally on November 20[64].

November 15, Astana, Kantarbayeva Sandugash, Article 488 of the Code of Administrative Offences of the RK, 15 days of arrest in order to isolate her before the peaceful rally, which was scheduled for November 20, 2022. In protest, Kantarbayeva went on a dry hunger strike[65].

November 15, Almaty, Abishev Aset, Article 488, Part 7 of the Administrative Offences Code of the RK, arrest for 15 days. On August 16, Abishev posted a video on Facebook “calling to go to an unauthorized rally” on August 21 in Almaty, at 11-00 am near the Valikhanov monument[66].

November 15, Almaty, Polatova Zhuldyz, Kamaldanov Rashit, Article 488, Part 6 of the Administrative Offences Code of the RK, 15 days of arrest for participating in an unauthorized rally on August 21 in the Valikhanov Square in Almaty[67].

November 16, Astana, Kumekbayev Kuandyk, Article 488, Part 7 of the Administrative Offences Code of the RK, 15 days of arrest for his post on Facebook on April 20, 2022 with an appeal to take part in the rally on May 1[68].

November 16, Kokshetau, Baltashev Baurzhan, Negmetov Ualikhan, Mukhamedzhanov Kuat, Article 488, Part 11 of the Administrative Offences Code of the RK, 7 days of arrest for participating in a peaceful gathering at the House of Youth on November 9[69].

November 16, Kokshetau, Marat Zhanuzakov, Article 488, Part 11 of the Administrative Offences Code of the RK, a fine of 153150 tenge; Gauhar Shakenova, a fine of 107205 tenge; Almagul Kudaibergenova, Article 488, Part 6 of the Administrative Offences Code of the RK, a fine of 91 890 tenge for her involvement in a peaceful gathering at the House of Youth on November 9[70].

November 16, Almaty, on the day of unveiling the monument to Baitursynov Akhmet, which should have been attended by President Tokayev K., the police detained activist Yuri Malenkikh at his workplace for his intention to be present at the same place as the president[71].

November 16, Atyrau, police officers as victims were heard in court on the events of #Qantar2022. They all said that they had no claims against the defendants. The investigation identified 27 people as the defendants, and 115 people as victims (all of them are policemen and servicemen)[72].

November 16, Almaty, Zlunyaev Mark, Article 451, Part 2, Paragraph 1 of the Criminal Code of the RK: the military court of the Almaty garrison sentenced him to 6 years imprisonment for killing the peaceful shepherd Krykbayev Ernazar who was shot dead in #Qantar2022 in the city of Taldykorgan[73].

November 16, Ust-Kamenogorsk, Sagatbayeva Araylym, the mother of Kuanysh Kabylkanov, who was killed in #Qantar2022, has been detained at the airport. “I was going to leave for Astana, as I do not agree with the court judgments. At the checkpoint I was told that there was a suspicious object in my bag. Then they said that it was a cartridge, and they gave it to me to hold, and then put it into a package. Confused, I took it, believing it might be lipstick, – says Sagatbayeva[74].

November 16, Aktobe region, the Martuk district court authorized a measure of restraint in the form of 40 days of detention for Karakalpak activist Yuldasheva Tleubike who was detained on the Kazakh-Russian border. She was placed in the pretrial detention facility in Aktobe on the same day, the press service of the Aktobe court reports[75].

November 17, Taraz, Indira Alpysbayeva, wife of the late Bauyrzhan Seydomarov, addresses the deputies of the European Parliament, the US State Department, the governments of the European Union, Great Britain, Canada and other democratic countries, as well as the UN, OSCE and PACE with an appeal to organize an independent international investigation of the events of #Qantar2022[76].

November 17, Turkestan region, Mukhammedov Nurzhan, Article 669, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest for violation of the additional punishment, prohibition to engage in social and political activities under Article 405 of the Criminal Code of the RK. Mukhammedov stated that in protest he would go on hunger strike[77].

November 17, Almaty region, Kazakhstan’s National Security Committee reported the detention of 7 people suspected of being involved in “planning and organizing mass riots on November 20”. It is reported that an investigation under Article 179, Part 2, Article 272, Part 1 of the Criminal Code of the Republic of Kazakhstan has been initiated[78].

November 17, Almaty region, Zarechnyi settlement, facility LA-155/18, Narymbayev Yermek, Article 174 of the Criminal Code of the RK, 3 years of imprisonment. On the 46th day of the hunger strike the activist had a heart attack in prison”, informs lawyer Balgabaevа Zh.[79].

“November 17, Kudaibergen Kairat, Article 272, Part 1/2 of the Criminal Code of the RK. The court ruling satisfied the motion of the investigation authorities to authorize the extension of the detention period in respect of Kudaibergen. His arrest was extended to 8 months, until December 21”, – the press service of the court reports[80].

November 17, the EU High Representative for Foreign Affairs and Security Policy Mr. Josep Borrell met with Kazakhstani NGOs, KIBHR, the Coalition of NGOs of Kazakhstan against Torture, the “Erkindik Kanaty” PF, the Coalition for a New Generation of Human Rights Defenders and the “Legal Media Center” PF. The events of #Qantar2022 and massive torture, the problem of freedom of speech and the upcoming presidential elections were the topic of the discussion[81].

November 17, Almaty, Tleuzhanova Aigerim, Article 255, Part 2, and Article 272 of the Criminal Code of the RK, a suspect in the case of the attack on the airport in Almaty. The court ordered to place her under house arrest for a period of two months [82].

November 17, Pavlodar, Kaluova Nurgul, Article 669, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest for violation of the additional punishment, prohibition to engage in social and political activities under Article 405 of the Criminal Code of the RK[83].

November 17, Almaty, Imangaliyeva Bibigul, Article 488, Part 6 of the Administrative Offences Code of the RK, 15 days of arrest for participating in the August 21 rally in Almaty in the public garden named after Sh.Valikhanov[84].

November 17, Pavlodar region, Aksu, Kurmanov Yembergen, Article 669, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest for violation of additional punishment, prohibition to engage in social and political activities within two years in the form of non-compliance with the requirement of the enforcement document[85].

November 17, Ekibastuz, Zhamaliyev Zhanat, Article 669, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest for violation of an additional punishment, prohibition to engage in social and political activities under Article 405 of the Criminal Code of the RK[86].

November 17, Karaganda, Nurmaganov Askar, Article 669 of the Administrative Offences Code of the RK, 5 days of arrest for violation of additional punishment, prohibition to engage in social and political activities under Article 405 of the Criminal Code of the RK and violation of the court order prohibiting the use of social networks[87].

November 17, Karaganda, Rakhimov Galym was detained by police officers on his way to Astana in order to stop the activist from having a meeting with members of the party “Alga, Kazakhstan!” before submitting documents and the rally. The police officers took away his phone. The next day the activist was released and his phone was returned[88].

November 18, the international organization Reporters Without Borders made the following statement: “On the eve of his re-election, Kazakhstani President Tokayev must honor his commitments regarding press freedom. On the eve of a snap presidential election on Sunday, 20 November, Reporters Without Borders (RSF) calls on Kazakhstan’s authorities to respect their international obligations and to guarantee an environment that allows journalists to work freely”[89].

November 18, 26 international and national NGOs made an urgent appeal to President Tokayev and members of the Kazakhstani government to publicly support free, open and secure Internet access in Kazakhstan before, during and after the presidential election[90].

November 18, Stepnogorsk, Sadvakasova Aya, Article 488, Part 7 of the Administrative Offences Code of the Republic of Kazakhstan, 7 days of arrest for calling to participate in the rally on November 20, on the day of the presidential election in Kazakhstan[91].

November 18, Karaganda city, the akimat denied permission to E. Molchanov to hold a peaceful rally on November 20 on the following topics: “Cancellation of presidential elections, registration of political parties, international investigation of the January events and release of all political prisoners”. The reason for the refusal was that the notification provided incomplete data[92].

November 18, North Kazakhstan region, Birlik village, Onerkhan Nurbol, Article 669, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest for violation of the additional punishment, prohibition to engage in social and political activities under Article 405 of the Criminal Code of the RK, for using social networks and for posting on his YouTube channel[93].

18 November, Atyrau, Zhalgasova Zhanylsyn, Akimat refused to authorize a peaceful rally on November 20 with the following topics: “Cancellation of the presidential elections, registration of political parties, international investigation of the January events and release of all political prisoners”. The reason for the refusal was that the place of the rally was not included in the list of “specialized places”[94].

November 18, Almaty, list of people who were detained and fined in Kazakhstan on the eve of the presidential election on November 20 was provided by human rights defender Toregozhina Bakhytzhan[95].

November 18, Ust-Kamenogorsk, Sagatbayeva Araylym, who earlier this week has been stopped while trying to fly to the capital, was summoned for interrogation to the police. In the Unified Registry of Pre-Trial Investigations, a case was registered under Article 287, Part 3 of the Criminal Code of the Republic of Kazakhstan regarding the discovery of a cartridge. Sagatbayeva was summoned as a “witness with the right to defense”[96].

November 18, Astana, the General Prosecutor’s Office of Kazakhstan disseminated a statement urging citizens not to attend “illegal rallies” on November 20, the day of the presidential election. The Prosecutor General’s Office claims that “any activities of organizations aimed at terrorism or violent extremism are prohibited”[97].

November 18, Almaty, Yegeubayeva Dinara, “I got a message from an unknown person. He writes that my car was messed up. It turned out that the wipers were glued and the tire was flat. They put glue on the lock. Will the brakes fail tomorrow?” – the journalist considers these “mischiefs” as a threat to her safety[98].

November 18, associations of independent observers inform about pressure on the eve of the early presidential election: they are prevented from conducting training sessions and are subjected to information attacks against them. Experts say that the restrictions are part of a general trend of growing pressure on civil society[99].

November 19, Shymkent, a student of M. Auezov South Kazakhstan University informs that the institution makes the students go to the elections and demands a photo report. In the words of the student, who was speaking on condition of anonymity, he faced with coercion not for the first time; his supervisor has explained the need for a photo report by the order “from above”[100].

November 19, Uralsk, Atauollin Nurlybek, Article 608, Part 1 of the Administrative Offences Code of the RK, 15 days of arrest and deprivation of driving license for 7 years for allegedly “drunken driving”. He took a test, which showed 0 ppm, but the doctors wrote in the report “not sober”, 0.45 ppm [101].

November 20, Aktobe region, Kobda village, Karakulov Alibek, Article 434, Part 1 of the Administrative Offences Code of the RK, 5 days of arrest on charges of “disorderly conduct”. Karakulov planned to hold a protest action because he considered the extraordinary presidential election “illegal”[102].

November 20, Aktobe, Tobetova Ainagul, Article 488 of the Administrative Offences Code of the RK: the court sentenced her to a fine of 214,410 tenge for an appeal on WhatsApp on October 25. “I proposed to hold an action in support of the unregistered party ‘Alga, Kazakhstan!’” – says A. Tobetova [103].

November 20, Almaty, Human rights defenders gather up all information regarding the violation of the rights of citizens. Election observers collect information on the violation of voters’ rights. If the Internet is shut down, then please record and write everything down” – reports human rights activist Toregozhina Bakhytzhan[104].

20 November, Astana, Galiya Tamabayeva, Article 488, Part 7 of the Administrative Code of the Republic of Kazakhstan, 15 days of arrest for publishing a Facebook post on April 26 with a call to come out to a rally in front of Zhastar Palace on 1 May 2022[105].

November 20, Astana, Sembay Askar, Article 488, Part 11 of the Administrative Offences Code of the RK, 15 days of arrest for participating in an unauthorized rally in the square “Tsvetochnyı sad” on August 21.

November 20, Almaty, journalist Dinara Yegeubaeva reported that the police visited her at night. She was told that the police received an anonymous call that the journalist’s car was mined. The journalist reported that she has written explanatory statements[106].

November 20, “The League of Young Voters”, a project of the Youth Information Service of Kazakhstan (MISK) had five observers removed during the day and four more have stopped communicating. The observers of the League have identified 77 violations of the law, not including the stage of counting of votes, which started at 8 p.m.” – reports Mednikova Irina[107].

November 20, Astana, NGO “Erkindik Kanaty” reported the removal of 10 observers. According to Shvetsova Elena, 8 observers were removed. One observer was removed from three polling stations. One more observer was removed in the city of Almaty and one in the Turkestan region[108].

November 20, Turkestan region, Aksukent settlement, an independent observer was removed from the polling station. “An observer noticed the folded ballot papers on the table of the commission members and asked to show them to her, after which she was prohibited to move around the polling station, to take photo and video recordings. She also drew up a violation report because she noticed the ballot stuffing”, Shvetsova reports[109].

November 20, Almaty, 3 of our observers were removed from polling stations and the police were called. There was also a provocation in relation to other observers and the police were called by them. At many polling stations observers were not given the vote counting records. They were told that they “can come and get them tomorrow”, says the leader of “Independent Observers” Nazarova Araylym[110].

November 20, Almaty, during the voting at the presidential election at the polling station № 253 voters found someone else’s signatures opposite their names on the list. They realized that someone had already signed for them when in the evening they came to their polling station for voting[111].

November 20, Almaty, Abdiev Konay, an observer from the “Independent Observers” organization, was detained and brought to the police station. Police officers detained him while he was on his way to the polling station No.336 in the area of Almaty-2 railway station. Later he was released[112].

November 20, Ust-Kamenogorsk, polling station No.82 was closed at about 11 am, allegedly for UV Sterilization of the room. Observers had been there were put out the door, voters were not allowed in, according to the “League of Young Voters”[113].

November 20, Almaty, several representatives of the unregistered “Democratic Party of Kazakhstan” were detained by the police. They gathered with placards at the monument to Abai and demanded to stop early presidential elections and to drop all charges against Mamay Zhanbolat[114].

November 20, Almaty, 10 activists of the movement “Oyan, Qazaqstan” were detained by the police while holding a rally in the Republic Square. The protesters held a banner with slogans: “Will we get there before fair elections?” and chanted: “We are for fair elections”[115].

November 20, Petropavlovsk, Oksana Shirobokova, a member of the unregistered party “Alga, Kazakhstan!” was detained at a bus stop. She was taken to the police department. Oksana considers her detention as political persecution[116].

On November 20, Almaty, the front door of the “El Media” editorial office was broken again by stones at night. Last time only part of the glass was broken. The name of the channel was written on the pavement, “so that they would know that they were the target”, reports editor G. Yergalieva[117].

November 20, the human rights monitoring group “ActivistsNotExtremists” releases preliminary data on political prosecutions (excluding criminal cases) related to peaceful protests that have been called for November 20, 2022[118].

November 21, “The 20 November early presidential election in Kazakhstan took place in a political environment lacking competitiveness”, – observers from the OSCE Office for Democratic Institutions and Human Rights (ODIHR) say[119].

November 21, Astana, the Ministry of Foreign Affairs of Kazakhstan responded to the preliminary conclusions of the OSCE ODIHR and stated that the ODIHR statement “lacks objectivity and calls into question the efficiency of the ODIHR as an important institution of the organization, which has so far benefited from the support of our republic”[120].

November 21, Zhanaozen, Dosekeeva Zhadra and Kulamanova Bakytgul were detained by police officers for participating in a peaceful picket against the illegitimate elections of Tokayev K. Dosekeeva Zhadra was sentenced to fines under Article 488, Part 11 (219 000 tenge), Article 667, Part 1 – (91 890 tenge), Article 128, Part 2 (306 300 tenge) of the Administrative Offences Code of the RK. The total amount of fines is 617,190 tenge. Kulamanova Bakytgul was sentenced to 7 days of arrest under Article 488, Part 11 of the Administrative Offences Code of the Republic of Kazakhstan[121].

On November 21, Astana, the League of Young Voters has filed a claim to the Astana Police Department under Article 150 of the Criminal Code of the Republic of Kazakhstan “Interference in the exercise of electoral rights or the work of election commission”. This was caused by the “unjustified removal” by the police of the observer Radionova Ulyana from the polling station No.163 at the Medical University of Astana[122].

November 21, Almaty, Public Foundation “Adil Soz” documented on November 20, the day of the presidential election, violations of the rights of journalists in the process of covering the voting process[123].

Astana, 22 November, Aidar Syzdykov, Article 488, Part 12 of the Administrative Offences Code of the Republic of Kazakhstan, 15 days of arrest for “organizing an illegal meeting” in a Facebook post on 19 January 2022. The activist complained to the court about the use of force by police officers and asked to issue a special ruling[124].

On November 22, following the November 20 presidential election, U.S. State Department spokesman Ned Price states in a press release on November 22 that the United States agrees with the preliminary findings of the OSCE ODIHR[125].

November 22, Almaty, Ilipbayev Aidos and Kisymbayev Akylzhan, suspected of having planned “disturbances aimed at seizing power”, were sent to a pre-trial detention center for two months, lawyer G. Nurpeisov reports[126].

November 22, Almaty, an online trial on torture against Radchenko Timur started in the Bostandyk district court for criminal cases. The defendants Khamit B., Bimurzaev A., Kalymbai D., Article 146, Part 1/2 of the Criminal Code of the Republic of Kazakhstan “torture”. The defendants were not taken into custody[127].

November 23, Almaty, Public Foundation “Adil Soz” and the Union of Journalists of Kazakhstan made an appeal to the highest authorities of the country about the persecution and harassment of female journalists. In addition, on November 25 an appeal will be sent to international organizations that protect freedom of expression[128].

November 23, Taraz, the Criminal Court No. 2 began consideration of the case of 9 people charged in connection with the events of #Qantar2022 under Articles 272, 287 of the Criminal Code of the Republic of Kazakhstan. Toktar Oshakbai, Rysbekov Rais, Bayzhanov Yerzhan, Kuatbaev Nursultan and Donbaev Isatai were killed. On Wednesday, three defendants in the case were brought to the courtroom from the detention center. On Wednesday, three defendants in the case were brought to the courtroom from the detention center. One more defendant is under a written undertaking not to leave the place[129].

November 23, Kyzylorda, ZK-169/5, Yelshibaev Yerzhan, Article 106, Part 2, Paragraph 7 of the Criminal Code of the RK, 8 years’ imprisonment. The regional court proceeded with the consideration of the appeal. Yelshibaev asked the court to declare illegal the decision to extend his prison term to eight years. Yelshibayev was not brought to the courtroom and was not connected to the court session remotely[130].

November 23, Astana, E. Koshanov, Speaker of the Majilis, on the sidelines of the Majilis, emotionally responded to a journalist’s question about the Western assessment of the past presidential elections in Kazakhstan. Koshanov said that “first we have to decide for ourselves whose opinion is more important for us”. He stated that Kazakhstan “needs stability first of all”[131].

November 23, Almaty, unknown persons again broke the windows of the editorial office of “El Media”. “This time the window panes of the second row were damaged”, the editorial office reports[132].

November 23, Atyrau, 27 people in the court hear the evidence of police officers on the events of #Qantar2022. Police officer N. (under a pseudonym) testified in court. He confessed to the court that the bullet that killed Berekenov Almaz on January 5 was fired from a Kalashnikov assault rifle that was in his hands[133].

November 24, the “Independent Observers” Association held a press conference on the results of the November 20 elections. The major violations took place during the vote counting. Nazarova A. informs that 11 lawsuits will be filed to the court. Many of them are related to the “refusal to provide vote counting records”[134].

November 24, 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 November 17 to November 24, 2022[135].

November 24, Almaty, Nurpeisov Kalas, Article 272, Part 1, Article 269, Part 3 of the Criminal Code of the RK: the lawyer demonstrated a photocopy of the suicide note in which the activist “asks to blame the interdepartmental investigative team for his death and mentions the name of investigator Karakuchukov”, reported lawyer Saparkhanova Zh[137].

November 24, Shymkent, Sultanbek Kairat, Articles 272, 269, 405 of the Criminal Code of the RK, 3.5 years in prison for “participation in mass riots” during the January events, was released under an amnesty[138].

November 25, Astana, the court of appeal upheld the decision to remove Kizaev Talgat, an independent observer, from polling station No.372[139].

November 25, Almaty, according to the police department, teenagers were detained on suspicion of having committed actions against the editorial board of El Media. The actions of the defendants are classified under Article 434 of the Code of Administrative Offences of the Republic of Kazakhstan – disorderly conduct[140].

November 25, Aktobe, the Appeals Board of the Regional Court upheld the lower court’s decision to arrest Karakalpak activist Yuldashev Tleubike for 40 days[141].

November 26, Astana, dozens of people who support businessman Abiyev Marat, the founder of the project “Architects of the Future” were detained in Astana. At this time the Internet, both mobile and fixed-line, was inaccessible[142].

November 26, Turkestan region, the court sentenced B. Mayrikhov to 11.3 years in prison, S. Moldakhodzhaev to 11 years, M. Dosbolov to 12 years, and N. Kydiraliev to 12.5 years in prison for “ordering the murder” of Batyrbekov, the editor-in-chief of Saryagash-Inform[143].

November 28, Atyrau, Zhalgasova Janylsyn, Article 274, Part 2, Paragraph 3 of the Criminal Code of the Republic of Kazakhstan: The court sentenced her to 1 year of restriction of liberty and 100 hours of community service for posting a video of armored vehicles on Facebook. It claimed that “Kazakhstani troops are being sent to the sovereign Republic of Karakalpakstan to suppress rallies”. Zhalgasova urged to share the video[144].

November 28, Astana, Abiev Marat, Article 488, 667 of the Code of Administrative Offences of the RK, 15 days of arrest for “organization of a rally” in the area of Korgalzhinsk highway, near the entertainment complex “Duman” without the authorization of the akimat of the capital. He also “disobeyed” to the demands of police officers[145].

November 28, Ust-Kamenogorsk, the case against Sagatbayeva Araylym about the cartridge that was found in her bag was dropped. It was found that the cartridge was not life-threatening. According to the ballistic examination, it was established that the cartridge did not contain a projectile[146].

November 28, Almaty, the Almaly district criminal court, judge Kasymbekov E. sentenced Sharekenov N. and Tursyngali N. to 8 years in prison Article 405, Part 2, Article 259, Part 1 of the Criminal Code of the RK[147].

November 29, Astana, the Prosecutor General’s Office reports the detention of the suspect in the death of the son of Zh. Tuimebayev, the Rector of the Al-Farabi Kazakh National University, during the events of #Qantar2022. “The suspect has been detained and is being held in custody”. It is possible that the suspect is a member of the armed forces[148].

November 29, Semey, Tugelbaev Mukhit, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan. The court sentenced Tugelbaev Mukhit, who was detained in connection with the events of #Qantar2022, to 1.1 year probation. The activist signed a procedural agreement[149].

November 29, Astana, a group of residents of Zhanaozen demanded the release of Yelshibayev Yerzhan, facility ZK-169/5, Article 106, Part 2 of the Criminal Codeof the RK, 8 years in prison. They appealed to the Prosecutor General’s Office and the Presidential Administration demanding a re-investigation of the case and his immediate release[150].

November 29, Kyzylorda, Kudaibergenov Kazybek, Articles 272, 380, 380-1 of the Criminal Code of the Republic of Kazakhstan. The court sentenced him to 17 years in prison. He is accused of “participation in mass riots”, “threatening or violent actions against a representative of authority”, and in the death of a member of the National Guard of the Interior Ministry during the events of #Qantar2022[151].

November 29, Aktobe, the activist Askar Kalasov was buried. He had left home in the beginning of September, having told his wife that he had to hide from the police, and later he was found dead in the Bayzak district of Zhambyl region. His family and activists have questioned the claim by the Zhambyl Oblast police that “Kalasov committed suicide”[152]. This is the 5th strange death of Aktobe activists

November 29, Aliev Rinat, born on 02.05.1992 and Alpiyev Chingiz, born on 27.12.1985, Article 272, Part 2, Article 256 of the Criminal Code of the Republic of Kazakhstan. They were forced in protest to temporarily refuse to eat and sew up their mouths. This was caused by a number of unlawful actions of both prosecutors, judges and, among others, the NSC officers. For 11 months they have been held in custody without any grounds[153].

November 30, from April 04 to November 9, 2022 528 questionnaires were collected in total for the “Victims” section, which involved collecting data on people who were killed, wounded, and detained. Data is also collected on torture and on the events that took place during #Qantar2022. The organization of data collection is implemented within the framework of the Human Rights Alliance of Kazakhstan[154].

[1] https://bureau.kz/press-czentr/parlamentarii-sozdayut-komissiyu/?fbclid=IwAR1foD38IF7WGEwEt_Syux3UkZ2fwfk36DR1trJA15Bq9BXdjBU8hON4Mjg

[2] https://bureau.kz/novosti/v-odnu-reku-dvazhdy/

[3] https://bureau.kz/novosti/v-odnu-reku-dvazhdy/

[4] https://rus.azattyq.org/a/kazakhstan-bloody-january-torture-impunity/32105675.html?fbclid=IwAR1vKzq1cmc_PZfiPY8ryldS8gk8Ukttifu6QeTKbnnr05t5PpORwIWUn1s

[5] https://rus.azattyq.org/a/kazakhstan-bloody-january-torture-impunity/32105675.html?fbclid=IwAR1vKzq1cmc_PZfiPY8ryldS8gk8Ukttifu6QeTKbnnr05t5PpORwIWUn1s

[6] https://rus.azattyq.org/a/kazakhstan-bloody-january-torture-impunity/32105675.html?fbclid=IwAR1vKzq1cmc_PZfiPY8ryldS8gk8Ukttifu6QeTKbnnr05t5PpORwIWUn1s

[7] https://www.facebook.com/groups/ActivistsNotExtremists/posts/3408666056119320/

[8] https://rus.azattyq.org/a/32112137.html

[9] https://kaztag.kz/ru/news/eksperty-prizyvayut-prinyat-v-kazakhstane-natsionalnyy-plan-bezopasnosti-zhurnalistov

[10] http://www.adilsoz.kz/news/show/id/3804

[11] https://rus.azattyq.org/a/32113679.html

[12] https://bureau.kz/goryachee/golodajte-na-zdorove/