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

September 1, Semey, Ishmukhametov Farit, Article 272, Article 405, Article 269, Part 3 of the Criminal Code of the Republic of Kazakhstan. He was released from the detention center under his written pledge not to leave the country. Two weeks before he was released, his appeal was dismissed based on the fact that the charges brought against him were “legitimate”[1].

September 1, Almaty, “as of September 1, 2022 there are 9 activists under arrest for the period of the investigation” – reports human rights defender ToregozhinaBakhytzhan[2].

September 1, Nur-Sultan, “I have decided to declare a one-time amnesty for the participants of the January event. Certainly, the amnesty will not affect the major figures who were involved in the organization of the riots, as well as persons charged with high treason and an attempt at violent change of power”, says President Tokayev[3].

September 1, human rights defender Yevgeniy Zhovtis in his interview to the Aktobe Times online resource described how persecution of opposition and civil activists has increased in the country since the January events and what assistance the Kazakhstan Bureau for Human Rights has provided to the victims of the “Bloody January”[4].

September 2, Almaty, facility LA-155/18, Mamay Zhanbolat, Article 378, Article 272, Part 1, Article 274, Part 4 of the Criminal Code of the Republic of Kazakhstan, said that there has been assassination threat because of his criticism of the criminal authority, Arman Dzhumageldiev. Mamay considers that the special services could be responsible for that threat[5].

September 2, Aktobe, there was a trial on the charge of Nur.kz correspondent Erubaeva Ardak under Article 667 of the Administrative Offences Code of the RK for disobedience to the legitimate demand of a law enforcement officer of the state body. The police version is that the journalist was not wearing the media insignia and ran out of the crowd towards the motorcade with a protected person[6].

September 2, Nur-Sultan, Vice-Minister of Justice Mukanova Alma clarified the amnesty procedure for participants in the January riots.

“At first, the government agencies will develop a bill in which they will specify which articles of the Criminal Code shall be covered by the amnesty. Then the parliament must adopt this bill. And only after that the amnesty will be granted”[7].

September 2, Nur-Sultan, the Prosecutor General’s Office could not specify the precise number of defendants in the cases related to the January events that would be amnestied. Deputy Prosecutor General Chindaliev Aset linked this to the fact that the cases related to the January events are very numerous[8].

September 2, Nur-Sultan, Baykonur District Court has partially upheld the claim of Minister of Science and Higher Education Sayasat Nurbek against the journalist and blogger AbenovaGulban “for protection of honor, dignity and business reputation, and for compensation for moral harm”[9].

On September 2, Turkestan region, the city of Lenger, the Tolebi Police Department has initiated a criminal case against the activist Murat Baidauletov under Article 405, Part 2 of the Criminal Code of the Republic of Kazakhstan. According to the indictment, the criminal case was initiated because of the live broadcast on the Facebook page, where Baidauletov has stated his opinion about the state authorities[10].

September 3, Nur-Sultan, the National Security Committee banned the Kyrgyz jazzman Vikram Ruzakhunov, who was injured during the January events, from entering Kazakhstan during the extraordinary presidential elections. The statement says that this was done in the interests of national security[11].

September 5, Aktobe, the judge of the specialist court Esdauir Muratkan found the Nur.kz correspondent Erubaeva-Ardak guilty and sent a warning for disobedience to a police officer under Article 667, Part 1 of the Administrative Offences Code of the Republic of Kazakhstan[12].

September 5, Aktobe, lawyer Delmanov Sisembay said that: “Since the detention of the journalist Yerubayeva Ardak no lawyer has been provided, the witnesses have given contradictory testimony, and the provided video has been fragmentary. This fragmentary video has revealed that the police officers neither introduced themselves nor asked for ID, but immediately began to wring the journalist’s hands and seize his phone”[13].

September 5, Almaty, the civil movement for reforms “Oyan, Kazakhstan!” and the unregistered Democratic Party of Kazakhstan said that they did not recognize as legitimate the extraordinary presidential elections that are expected in autumn and their result, that President Tokayev, by announcing the extraordinary elections, was using Nazarbayev’s methods of power grabbing[14].

September 5, Almaty, “This is a degrading attitude towards people. The main number of victims is absolutely innocent people, children, and old people. That’s why we need not a declaration of amnesty, but recognition by the state of the wrongfulness of the use of weapons. They should truly repent to the families who lost their relatives and loved ones, and, as any other law-governed state, they should pay compensation for the moral and material damage for the victims”, says Toregozhina Bakhytzhan[15].

September 5, Atyrau, two of the five defendants in the Bloody January case were released under house arrest by the judge. “They have a permanent residence, family, children, and dependent parents, and there are no grounds to consider that they can hinder the process or evade the court”, says Judge Khamidullina[16].

September 5, Almaty, a group of citizens addressed President of Kazakhstan Tokayev with an appeal to assist the return of their relatives who were imprisoned in Chinese Xinjiang or were in China without the right to leave the country. They have called on Tokayev to bring the issue up during Chinese President Xi Jinping’s upcoming visit to Kazakhstan on September 14, 2022[17].

September 5, Atyrau, the defendants in the January events demanded that their cases be heard individually. The court denied their request, which violated the constitutional rights of the defendants and deprived them of the opportunity to conclude a plea bargain[18].

September 6, Nur-Sultan, about 20 people who came to the presidential administration were detained by the police. The detainees were people from Taraz, Kyzylorda, Almaty and Taldykorgan who have lost their relatives on the days of the “Bloody January” or those who were demanding a fair investigation. During the detention one person’s arm was broken; another person’s arm was dislocated[19].

September 6, in Nur-Sultan city, the public activist Sarsenbay Rysbek was brutally detained with the use of force, he felt ill and emergency aid was called, later he was released. In the words of Sarsenbay he has arrived to the city with the aim of supporting the families of the victims of the January events[20].

September 6, “20 parents of the January 2022 victims made it to Nur-Sultan looking for their children’s killers. They spent the night on the street. Today they were detained by force! We ask Ombudsman Azimova Elvira to intervene in the situation as soon as possible! We have been informed that the journalist and the mother of Kabylkanov Kuanysh, who was killed, have their arms broken. We ask you to help and support us!”- says Toregozhina Bakhytzhan [21].

September 6, Shymkent, facility ICH-167/11, Ashtayev Zhanmurat, Article 405, Article 269, Part 2, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan, handed a letter in which he addresses to the members of the European Parliament and the US Department of State. In his address, Ashtayev states, “His life is in danger; he will be subjected to provocation in prison. In case something happens to him: some accident or an extension of his prison term, he asks to blame for this the authorities of Kazakhstan”[22].

September 6, Aktobe region, the owners of the oil company KMK Munai JSC terminated the labor contract with the leader of the independent trade union Yelemanov Yerzhan, 4 days before the start of the strike of oil workers, but the only thing they achieved was that the previous demand to increase wages was now joined by a demand to stop persecuting the activists[23].

September 6, Ust-Kamenogorsk, Khamidulin Rufat, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan, has been released from the pre-trial detention facility; the preventive measure has been changed from arrest to pledge not to leave the place. Due to the public defense undertaken by human rights activists and the wife of the activist. The officials did not hold an investigation into the case of torture against Rufat – not a single officer has been brought to justice[24].

7 September, Zhetysu region, Taldykorgan city, Karibayev-Shaden, Article 189, Part 2, paragraph 4 of the Criminal Code of the RK, 7 years of imprisonment. An appeal court took place in relation to a 67-year-old visually impaired man, who is a political prisoner and anti-corruption activist. The decision of the court of first instance was upheld[25].

September 7, Shymkent, ICh-167/11, about a hundred supporters of DosmambetovaLyazzat, Sultanbek Kairat and Ashtayev-Zhanmurat who were sentenced under Articles 272, 269, 405 of the Criminal Code of the Republic of Kazakhstan to different terms, gathered near the city court and demanded that the charges against the activists be dropped and they be released immediately[26].

September 7, Almaty, «The amnesty which President Tokayev declared is an attempt made by the authorities to blow off steam», human rights activist Yevgeniy Zhovtis says[27].

Article 269, Part 2 and Article 405 of the Criminal Code of the RK, sentenced to 3 years and 8 months. The execution of the sentence was postponed by the Court of Appeal for two years in view of the presence of a minor child. The court also decided to keep in custody Ashtayev Zhanmurat and Sultanbek Kairat[28].

September 8, Shymkent, Kadyrliyev Meyirman, Baltabay Nurken, Ashtay Nurdaulet, Yesengeldi Atimtay, the brothers of Ashtayev Zhanmurat, who did not agree with the court decision and urged the judges to explain their unfair sentence, were arrested for 5 days under Article 653 of the Administrative Offences Code of the RK for “contempt of court”[29].

September 8, Almaty, the International Foundation for the Protection of Freedom of Speech “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from September 1 to September 8, 2022[30].

September 9, Taldykorgan, there is a trial on the case of torture of 24 people during the events of January. The defense lawyers of the victims, who claimed torture in the police, filed a petition for the detention of the police officers charged with torture. Judge Duysenbekov Bekmurat dismissed the petition, finding “incomplete” the reasoning of the injured party’s lawyer[31].

September 9, Taldykorgan, Arman Tenizbaev, a torture victim who was detained on January 8, 2022 and tortured with a hot iron after his detention, claimed during the court hearing that only one of the three policemen who tortured him at the time was brought before the court as a result[32].

September 9, 2022, the Coalition of NGOs of Kazakhstan Against Torture and the Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR) started to monitor the hearings in the Taldykorgan City Court on the case of torture of participants of the January events by representatives of the authorities. There were four hearings on the case[33].

September 9, Taldykorgan, victims of torture and their families fear that former police officers who are still at large will influence the course of the trial either themselves or with the help of their former colleagues from the police force. Victims do not feel secure and fear that if they do not manage to prove their own torture, they will be charged themselves with slander or knowingly making false accusations[34].

September 9, Uralsk, the administrative court examined a complaint of Utebayev Bekbolat against a fine of 153150 tenge imposed on him by the district police officer on August 18 under Article 489, Part 10 of the Administrative Offences Code of the Republic of Kazakhstan. The court cancelled the fine on the grounds that the district police officer had no authority to impose a fine, but at the same time fined the activist under Article 489, Part 10 of the Administrative Offences Code of the RK in the amount of 153150 tenge for handing out leaflets of the party “Alga, Kazakhstan! “on August 7 in a market area[35].

September 9, Ust-Kamenogorsk, 12 participants of the January events were given suspended sentences of imprisonment. “Taking into account extenuating circumstances, five defendants were given three years of conditional imprisonment under article 272 Part 2 and Article 296 Part 2 of the Criminal Code of the RK, seven defendants were given four years of conditional imprisonment”, – the Regional Prosecutor’s Office reports[36].

September 9, Shymkent, Satbayeva Ardak and Nuranova Moldir, the wives of political prisoners Sultanbek Kairat and Ashtayev-Zhanmurat, submitted notices to the akimat to hold pickets with the demand to release their husbands[37].

9 September, Almaty, Baibolat-Kunbolatuly and Akikat-Kaliolla, Article 488, Part 11 of the Administrative Offences Code of the RK, 15 days of arrest for participation in an unauthorized picket near the Consulate of China on 26 August[38].

September 9, Almaty, a group of people picketing in front of the Chinese consulate stated that there was increased pressure on the eve of the Chinese leader’s visit to Kazakhstan. They were invited to the city’s Akimat, where an unidentified person claiming to be a “representative of the Ministry of Foreign Affairs” demanded that they refrain from traveling to Nur-Sultan on the eve of the Chinese leader’s visit[39].

September 9, Almaty, Shirynbekova Bayan, the wife of Imanbekov Alibek, a detainee at the detention facility LA-155/18, who was sentenced to six years’ imprisonment under Article 291, Part 3, paragraph 4, of the Criminal Code of the RK on a charge of theft of weapons, says that she was attacked on her way to the detention facility LA-155/18[40].

September 10, Almaty Region, YermekbayNurzat, who was involved in protests in front of the Chinese consulate with the demand to release her two brothers in China, was detained for 4 hours by police officers of the Karasai District Police Department. The police warned Nurzat “not to leave for the capital” on the eve of the Chinese leader’s visit to Kazakhstan[41].

September 11, Almaty, the screening of two films “Kantar” and “The Burden We Bear” devoted to the January events was canceled on the last day of the annual film festival “Baikonur”. The cinema administration announced the cancellation, saying it was due to “technical problems”. People in military uniforms were present in the cinema’s foyer[42].

September 11, Nur-Sultan, Mubarak Dinara, Seytkaliev Kairat, Balzhanb Zhanash, Kantarbayevan Sandugash came to the Consulate of China in Kazakhstan to picket against the genocide of Muslims in China. The activists were put by SOBR officers with the use of force into a police van. Mubarak Dinara was beaten by law enforcement officers and her phone was taken away from her. Later they were released[43].

On 12 September, in Almaty, Shirynbekova Bayan, the wife of the convicted Imanbekov Alibek, claimed that there has been psychological pressure on her. She found that an unknown man was standing in the apartment vestibule near the door of her apartment, leaning on a crutch. He was bare-chested, with tattoos, wearing shorts and sock[44].

September 12, Almaty, Kurmanalieva Gaukhar, Akytkhan Khalida and Kazybek Gulfiya were taken off an intercity bus and brought to a police station in the Alatau district. State authorities are afraid of pickets outside the Chinese consulate in Nur-Sultan during the arrival of the Chinese leader[45].

September 12, Aktau, ambulance workers are on strike. Employees of emergency stations in Zhanaozen, Munaylin, Beineu and Tupkaragan districts take part in the strike. They are demanding an increase in wages and the provision of a social package[46].

September 12, Kyzylorda, KudaibergenovKazybek, Article 272, Part 2, Article 255, Part 4, Article 380, Part 1/3 of the Criminal Code of the RK, who was charged with participation in the January events. The court hearing was held[47].

September 12, Uralsk, Andrei Starichenkov, a public figure and corruption fighter, was dismissed by his employer when he filed a complaint against a budgetary institution that was a client of his company. The man regularly posts complaints on the blogs of ministers and akims regarding various violations of the law and demands that they be addressed[48].

September 13, Shymkent city, the akimat denied the relatives of the activists who were convicted in connection with the January events to hold a picket against the unjust sentence. The relatives of Ashtayev-Zhanmurat and Sultanbek Kairat stated that they were going to hold an action in their support. Akimat stated that the reason for the refusal was the wrong drafting of the notification for holding a picket[49].

September 13, Prishakhtinsk, Karaganda region, Askar Nurmaganov reports that two police officers broke into his house, and as a result he was forced to run away from them and hide in another place. He attributes it to his attendance at a rally in support of Ukraine and his participation in the agitation for the unregistered party “Alga, Kazakhstan!”[50].

September 13, Almaty, Karakalpak activists Zhaksymbetov Zhankeldy and Toremuratov Koshkarbai were detained in Almaty. Lieutenant Colonel Babaniyazov Nikolay, an officer of the Uzbek Ministry of Internal Affairs, came to pick them up and brought charges against them under Article 244/1 of the Criminal Code of the Republic of Uzbekistan. They were detained as a result of the protests in Karakalpakstan against the constitutional amendment. They may be taken to Uzbekistan[51].

September 13, Pavlodar, blogger Kuzairov Dias, Article 378, Part 2 of the Criminal Code of RK was found guilty of insulting a representative of the authorities by using social networks and was sentenced to a fine of 61260 tenge. The sentence was passed by Abzhaparov Ornek, the judge of the city court № 2[52].

13 September, Almaty, “In the last few days, I have received two “greetings” – not directly, but through “parliamentarians”. I was told by my acquaintance that a high official from Akorda allegedly wants to meet with me. I was also offered five-figure amounts in dollars to refrain from criticizing during the presidential election”, says Vadim Boreiko, a journalist[53].

September 14, Semey, Serikkali Aidos, Article 274, Part 3 of the Criminal Code of the Republic of Kazakhstan, 2 years of restriction of liberty for spreading false information about the Akim of East Kazakhstan, Akhmetov Daniyal. In accordance with the ruling of the Judicial Chamber on Criminal Cases, he was placed in detention and sent to a colony-settlement for 9 months to serve his sentence[54].

September 14, Almaty, The International Foundation for the Protection of Freedom of Speech “Adil Soz” has criticized as restrictive the regulatory policy document to the draft law “On Mass Media”, which was presented last week by the Ministry of Information and Social Development [55].

September 14, Almaty, activists Kaliyev Yerlan and Nazarova Arailym received notification stating that the city administration refused their request to hold a rally on September 17 on the topic “Against early presidential elections”. The reason was that at that time, cultural events were scheduled to take place in Ualikhanov Square.[56]

September 15, the human rights organization Freedom Now reports that “the government of Kazakhstan still has not provided activist Alnur Ilyashev with any legal remedy after a court unjustly sentenced him to 3 years of restriction of liberty, 300 hours of community service and a five-year ban on political and civic activism”[57].

September 15, Taldykorgan, at the regular court hearing in relation to 23 people who are suspected of torture in connection with the January events, the judge said that at the next hearing the issue of returning the case for further investigation was planned to be discussed[58].

September 15, Almaty, journalist Dinara Yegeubaeva informed about a visit from the police because an unknown man had allegedly planted a bomb in her former place of residence. She was invited to the Medeu District Police Department as a witness for this purpose. “I think this is some kind of warning. I think there is going to be a conversation relating to my activities. I am not engaged in any other activities that could be of interest to them”, – said Dinara Yegeubayeva[59].

September 15, Semey, the brothers Alpiev Rinat and Alpiev Chingiz are being held in the in pre-trial detention on charges under Article 272 of the Criminal Code of the RK in connection with the Bloody January. The investigation was unable to find any evidence of their guilt and had to terminate the proceedings; on the same day, the Prosecutor’s Office brought up a new charge against them under Article 256, Part 2 of the Criminal Code of the RK “Propaganda of terrorism”. The suspicions were based on the only clue both brothers are Muslim worshippers and for this reason they both wore beards[60].

15 September, Almaty, YensebekTemirlan, Article 274 of the Criminal Code of the Republic of Kazakhstan. The police dropped the case for spreading knowingly false information against the author of a satirical “Qaznews24” public. The case was dismissed for lack of corpus delicti of a criminal offense. Two expert examinations – linguistic and politological – were conducted, which did not identify any violation of the law[61].

September 15, Aktau, Court No. 2 authorized the dismissal of ambulance workers who were participating in a strike. Dozens of ambulance station workers who went on strike faced the threat of dismissal. “If the employees do not perform their duties, or if the strike continues, then the employer has the right to apply disciplinary measures up to the termination of the contract” – says Judge Beisenov Rakhymzhan[62].

15, Almaty, the International Foundation for the Protection of Freedom of Speech “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from September 8 to September 15, 2022[63].

September 16, the sister and public defender of Beketov Berdakh, who was charged under Article 272 of the Criminal Code of the RK for “mass riots” during the January events, said at the press conference in Almaty that: “the state of health of her brother has deteriorated after the torture he suffered in custody” and urged the prosecutor’s office to release her brother from the facility LA-155/18 and to place him under house arrest[64].

On September 16, Taldykorgan, Aitov Dauren described at the court hearing the torture he had suffered. How police officer Aydin Kenzhebaev turned on the iron, waited for it to heat up and demanded his colleagues-sadists to hold Dauren while he burned him. Five other police officers took part in the torture in addition to Kenzhebaev, all of whom Aydin identified during the confrontations. However, only one of them was brought to justice[65].

September 16, Almaty region, Kaztsik village, Karakalpak activist Raisa Atabayevna Khudaibergenova was detained by three people in plain clothes while receiving patients in the medical center. One of them introduced himself as Lieutenant Rasulov Aidos Sydykovich from the Ministry of Internal Affairs of Kazakhstan. The other two said that they were from Uzbekistan. The reason for the detention was the protests in Karakalpakstan against the constitutional amendments[66].

16 September, Almaty, “Human rights defenders conduct monitoring of all pre-election human rights violations. Please report all attacks, threats, blackmail and intimidation from the side of the authorities, NSC, police, akimats. Mr. Tokayev would like to be quietly and “stably” re-elected for 7 years without any competition or noise, so that perhaps later he will be able to change the constitution several times (?) times and “rest the counter to zero”? It’s not even funny anymore”- says Toregozhina Bakhytzhan[67].

September 19, Astana, the unregistered party “El Tiregi” is suing the Ministry of Justice because the Ministry refused to register the party. The Ministry explained its refusal to register the party by the fact that the list allegedly contains the deceased, minors and citizens with incorrect tax identification numbers[68].

September 19, Almaty akimat refused the Coalition of Democratic Forces to hold a peaceful protest on September 24 with the topic “Cancellation of early presidential elections, abolition of the 7-year presidential term, freedom for political prisoners, and introduction of real changes to the law on elections and the law on political parties before the elections”. The reason for the refusal was “construction and installation work”[69].

September 19, Mangistau Region, Zhanaozen, dozens of workers at the local ambulance station who had been protesting to demand payment of bonuses and social packages have resigned en masse after a court declared the workers’ strike illegal last week, and the employer fired 11 workers based on a court decision[70].

September 19, Almaty, the examining court upheld the motion of the investigative agency to extend the period of detention in the facility LA-155/18 of Mamay Zhanbolat under Article 272 Part 1, Article 274, Part 4, Article 378 of the Criminal Code of the RK to seven months, until October 12, – the press service of the city court reports[71].

September 19, Konaev, Almaty region, facility LA-155/14. The court refused to release Narymbay Yermek, Article 174 of the Criminal Code of the Republic of Kazakhstan. His lawyer Nurpeisov Galym states that the court dismissed the motion because an expert examination is required for the trial, and the court cannot independently make a decision[72].

September 19, Almaty, facility LA-155/18, Kudaibergen Kairat, Article 272, Part 1/2 of the Criminal Code of the Republic of Kazakhstan. At the request of the investigation, the term of detention was extended to 6 months until October 21, 2022, the press service of the city court reports[73].

September 19, Atyrau, the city’s specialized criminal court has started examining the cases related to the January events, involving 27 persons as suspects. The defendants are accused under Article 272 of the Criminal Code of the RK “participation in mass riots”, Article 380 of the Criminal Code of the RK “use of force against a representative of authority”, “attempt on the life of a law enforcement officer and an employee of a special state body”[74].

September 20, Astana, the court prohibited journalists from making audio and video recordings during the trial of the criminal case against Satybaldy Kairat who is accused of embezzlement on an especially large scale, having satisfied the defense motion to prohibit audio and video recording of the proceedings[75].

September 20, Almaty, facility LA-155/18, Valiyev Darkhan, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan, was released after having received a conditional term of 4 years and 2 months for “participating in mass riots” and 2 years of restriction on participation in public life. “Valiyev signed a plea bargain, admitting guilt”, the lawyer of Balgabayev reports[76].

20 September, Almaty, Valiyev Darkhan, Article 272, Part 2 of the Criminal Code of the RK, conditional term of 4 years and 2 months, who was given a suspended sentence on charges of mass riots, stated: “There is no justice in Kazakhstan”[77].

September 20, Almaty, the city prosecutor’s office dismissed the criminal proceedings against Abdreshov Yermek, who went blind after the January events. The lawyers of the Qantar Foundation have found numerous violations in the case: ‘For example, a blind man was interrogated without a representative; he was forced to sign a record of interrogation, which he was unable to read. The police officer who allegedly tortured Abdreshov is still at liberty”, the Qantar Legal Training Center Foundation reports[78].

September 20, Almaty, an examining court ordered to arrest Toremuratov Koshkarbay and Zhaksymbetov-Zhangeldy activists from Karakalpakstan for a period of 40 days. The court of Iliyskiy district of Almaty region imposed a similar preventive punishment on Raisa Kudaibergenova. “Currently Toremuratov and Zhaksymbetov are kept in the SI-18. Raisa Kudaibergenova was brought to the pretrial detention facility in Konaev” – reports Akylbek Muratbay, a representative of the Karakalpak diaspora[79].

September 21, Almaty, Adil Soz recorded the following facts from January to August 2022: violations of the rights of journalists and the media-137, deaths in an attack-1, an assassination attempt-1, attacks on journalists and editorial staff of the media – 27, threats to journalists and the media – 18, persecution – 69, violations of the right to receive and impart information – 189 times. [80].

September 228, Almaty, the International Foundation for the Protection of Freedom of Speech “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from September 15 to September 22, 2022[81].

September 22, Astana, activists filed documents to the Ministry of Justice as part of the registration procedure of the party “Alga, Kazakhstan”. They submitted 1996 signatures in order to officially establish an initiative group, which could continue the work on the foundation of a political organization; along with the signatures, the Ministry received videos of thousands of citizens, which confirm their participation in the initiative group[82].

September 22, Almaty, the akimat refused for the second time to give authorization to hold a rally against the early elections of the President of Kazakhstan. The reason for the refusal was the organization of cultural events in the days of the rally. Civic activists and the “Coalition of Democratic Forces” submitted notification on holding the rally[83].

September 22, Aktobe, the Regional Board of Appeals reversed the decision of the city court on the administrative penalty in the form of a warning under Article 667, Part 1 of the Administrative Offences Code of the RK to journalist YerubayevaиArdak. She was detained and charged with disobeying police orders when she attempted to videotape the prime minister’s motorcade[84].

September 22, the Nazarbayev Foundation, which was established by the former president of Kazakhstan, and British company Jusan Technologies, brought defamation suits in U.S. and British courts against the Organized Crime and Corruption Reporting Project (OCCRP), the Telegraph, non-governmental organization Bureau of Investigative Journalism, and Open Democracy magazine. Investigations into the assets of the network of foundations created by Nazarbayev were the reason for the lawsuits[85][86].

September 23, Astana, the Ministry of Justice of Kazakhstan has once again returned the documents that were filed as part of the registration procedure of the party “Alga, Kazakhstan!”. In its response, the Department of Registration Service and Organization of Legal Services made reference to Article 8 of the Law on Political Parties and stated that the data in the list did not match, but it provided no confirmation of its statement[87].

September 23, Astana, members of “El Tiregi” lost the case on denial of registration of the party. The court ruled to dismiss N.A. Ermakhanov’s administrative claim to the state institution of the Ministry of Justice “On the recognition of the unlawful refusal to confirm the notice of intent to create a political party dated August 10, 2023”, the court decision reads[88].

September 23, Astana, the General Prosecutor’s Office of Kazakhstan reports that 1,520 people fall under the amnesty. Including: in the pre-trial investigation – 383 people, in 391 criminal cases; in the trial – 102 people, in 36 cases; 1035 people were sentenced, 93 of them serve their sentences in places of detention, 930 are under probation, 9 convicts carry out community work, and 3 others were fined[89].

September 23, Astana, the General Prosecutor’s Office explained who does not qualify for the amnesty: “This bill does not apply to offenders who have committed crimes related to treason, organization of mass disorder, corruption, terrorism, extremist crimes, torture, as well as to those who have been sentenced for repeat crimes or dangerous recidivism of crimes”[90].

September 23, Karaganda, Fazylov Aitkhozha, was refused by the akimat of the city. He planned to hold a solitary protest in the center near the Stella of Independence to protest against the early presidential elections. The reason for the refusal was that this place was allegedly already taken, but the akimat did not specify by whom in its response[91].

September 23, Turkestan region, Tolebi district, Baidauletov Murat, Article 405 Part 2 of the Criminal Code of the Republic of Kazakhstan. The legal proceedings have started against an activist with disabilities for posting on Facebook a live broadcast in March of this year, which was criticizing President Tokayev and introducing personal sanctions against him[92].

September 23, Almaty, the police detained students Kasym Karakoz and Kudaibergen Aisultan for holding a picket against the migration of Russians to Kazakhstan, following the announced mobilization. They were picketing after the arrival of the “Rossiya” flight from Moscow with posters that read “So what, did you understand that you are just “cannon fodder”?” and “Respect or leave”. They were immediately detained by the police. They were held at the police station for half an hour, given verbal warnings and a prevention conversation, and later released[93].

September 24, “Several Kazakhstani media have been attacked by DDos, and now we are working on the restoration and optimization of routes, which may result in a partial reduction of access speed to some external Internet resources”- the Communications Department of Kazakhtelecom JSC informs[94].

September 24, Almaty, it was difficult to access the site of Radio Azattyk. Only the Russian-language version of the site was failing, while the Kazakh site occasionally fails as well. Before the access problems with the site, the editorial board released an article titled “Tokayev’s Underground Business” and “The Threat of Kazakhstan Being Dragged into War”. The first part of the article described the investigation carried out by the Swiss organization Public Eye[95].

September 24, Western journalists who got access to the hacked correspondence of President Tokayev and his son Tokayev Timur came to the conclusion that in the mid-2010s Tokayev had an “underground business” in the oil and gas industry. These publications caused the DDos attacks on Azattyk’s website and its crash after this publication[96].

September 25, Almaty, “Following the publication of the lists of people killed in #Qantar2022 by the Prosecutor General’s Office, there was a mismatch of names with our lists referring to 25 people. We sent three letters to the Prosecutor General’s Office requesting that these names be checked and if their deaths in the January tragedy are confirmed, they should be included in the list of the Prosecutor General’s Office. And what do you think they answered us? They wrote one formal reply to all our inquiries. They just told us to ‘get lost’,” reports Toregozhina Bakhytzhan[97].

September 26, Almaty region, Ruzakhunov Vikram arrived in Kazakhstan, with his lawyer Bakytbek Avtandil, at the invitation of the Anti-Corruption Agency of Kazakhstan, in order to take part in the investigative measures as a victim. The victim, a Kyrgyz musician, stated that he would cooperate in the investigation of the January torture in Almaty. He informed that since February the authorities have not found a person responsible for the torture[98].

September 26, Karaganda, Zvereva Saniya picketed the building of the district court, where the civil case against her is being examined. Zvereva expressed her complaint against several judges who had earlier reviewed the administrative case against her, and against the court which is reviewing her case at the moment. Police officers came to her and forced her to go to the prosecutor’s office building and write an explanation about the reason for the picket[99].

September 26, Karaganda, Nurmaganov Askar, who had earlier held an action against the war in Ukraine, arranged a “bike ride’ against the flow of Russian citizens who were entering Kazakhstan in the face of the ongoing mobilization in Russia. The activist attached the flags of Kazakhstan and Ukraine to his bicycle, and a poster on his backpack, “We demand the closure of the Russian border. Putin – ket! (Putin – go away!)”[100].

September 27, there was a press conference in Almaty hosted by the Kazakhstan Bureau for Human Rights on the case of the death of Anafiyayev Zhasulan. The man was allegedly tortured to death at the TDF of the city’s police department on the night of January 11-12. The prosecutor’s office has initiated a criminal case regarding the murder, but the suspected police officers have not yet been held accountable[101].

September 27, Almaty, “The examination results show that Anafiyayev had 13 broken ribs and his hands and feet were kept tied up. The injuries had been caused to him an hour before his death. Lyazzat, his sister, says that a week before the press conference, those who were suspected of murdering her brother had been given a preventive punishment pending trial in the form of a pledge not to leave the country”[102].

September 27, Uralsk, the regional court reviewed the complaint of Utebayev Bekbolat who was fined 107205 tenge under Article 489, Part 10 of the Administrative Offences Code of the RK for “illegal”, according to the court, distribution of leaflets with information about the “Alga, Kazakhstan” party, which is trying to get registration. The court dismissed the complaint[103].

September 27, the site of Radio Azattyk in Kazakhstan became inaccessible again. It has become difficult to open the mobile application and the smartphone version of the site, or they do not open at all. Experts suggest that the site may have been partially blocked after the publication about Tokayev’s business and the threat of Kazakhstan being dragged into a war. Officials deny blocking Azattyk radio[104].

September 27, Astana, a prominent lawyer Aitkalieva Khamida was detained after having protested in the building of the Supreme Court, where she demanded that the judge of Temirtau city court Shayakhmetova Aizhan be dismissed. The lawyer reports that “the judge slandered her” and that “she has an audio recording of Shayakhmetova’s words”” She was brought to Yesil police department for drawing up an offence report; she allegedly interfered with the passing of visitors and closed the crossing[105].

September 27, Almaty, David Trilling, the Eurasianet’s managing editor, says that the police visited the journalists of the outlet in Almaty. Police were at the door of Joanna Lillis and Paul Bartlett’s apartment (one of the police officers smelled of alcohol) and were trying to take them to the police station[106].

September 27, Almaty, “Help, police officers are very persistent and don’t show their IDs. They are gone for now. Total harassment. It makes my authors – two very dedicated and honest journalists with extensive experience in Kazakhstan – very nervous”, tweeted Trilling David[107].

September 27, Almaty, there was a press conference in connection with the pressure, which was put on members of the Sectoral Trade Union of Workers of State Institutions and Public Services. The administration of the Almaty International School put unprecedented pressure on the primary trade union organization of the Republican Public Association “Sectoral Trade Union of Workers of State Institutions and Public Services”[108].

September 27, Taldykorgan, Akylbekova Roza, coordinator of the Coalition of NGOs of Kazakhstan against Torture, reports: “The trial in Taldykorgan in relation to the victims of torture during the January events is a continuation of torture. The courtroom is small, the suspects of torture and their victims are together in a small space, and it’s not fair. Interpretation for people who do not speak the state language is poor, and this makes information less accessible. The efficiency and objectivity of the court is at a low level[109].

September 28, Semey, Aziz Zholatov, Article 272, Part 2 of the Criminal Code of the Republic of Kazakhstan, 4-year suspended sentence. Political persecution by the authorities continues. Currently a private enforcement agent is threatening Aziz with blocking his property and bank account if he does not pay for the services of the same private enforcement agent, also he demands to pay court fees and make a payment to the Victims’ Fund[110].

September 28, Statement: “In Taldykorgan, Kazakhstan, the first case against law enforcement officers accused of torture began to be considered. The International Partnership for Human Rights (IPHR), Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR), Coalition of NGOs of Kazakhstan against Torture and the World Organization Against Torture (OMCT) have serious concerns about the procedural violations that were observed during the court proceedings in this case and urge the Kazakhstan authorities to respect international human rights standards and fulfill their obligation to prosecute abuses”[111].

September 28, Freedom House in its report “Countries in Transition 2022. From Democratic Decline to Authoritarian Aggression”, describes Kazakhstan’s established political system as a “consolidated authoritarian regime” (two points or less). This means authoritarian societies, in which political competition and pluralism are impeded and serious violations of political and other human rights are observed[112].

September 28, Freedom House: “Non-governmental organizations that send independent election observers or advocate for press freedom have continued to encounter administrative fines and threats to suspend their activities during the reporting period”[113].

September 28, Astana, lawyer Doskaraev Meirzhan on behalf of Marat Zhylanbaev filed a complaint against the decision of August 3 to impose a penalty on Zhylanbaev under Article 489, Part 10 of the Administrative Offences Code of the RK, for participation in the activities of unregistered organizations. During the last court hearing, Judge Imanalin dismissed the complaint[114].

September 29, Atyrau region, Makat district court passed a sentence against a local resident under Art. 274, Part 2 paragraph 3 of the Criminal Code of the RK – 1.5 year suspended sentence for “spreading deliberately false information”. The case materials show that the man shot a video on his cell phone that contained “false information about the January events” and uploaded it to YouTube[115].

29 September, Warsaw, OSCE conference. Toregozhina Bakhytzhan, a human rights defender and head of the Ar.Rukh.Khak Foundation, spoke about the human rights situation in Kazakhstan at an OSCE conference. Toregozhina said that the right to freedom of expression was violated everywhere in Kazakhstan. “We obviously encounter intolerance to the existence of political opposition and discrimination on the basis of political beliefs”[116].

September 29, Warsaw, ToregozhinaBakhytzhan: “I would like to show by the example of #Qantar2022 tragedy, President Tokayev gave an order to shoot to kill without warning and 232 people were killed, and 6 more people were killed in pre-trial detention centers. The youngest victim was 4 years old, the oldest 78 years old. We keep in touch with the relatives of the people who were killed, with the victims themselves and with their lawyers, and we come to the conclusion that the authorities of Kazakhstan are not interested in holding a thorough, comprehensive, transparent, complete and objective investigation and are not ready to name the true perpetrators, customers and executors of this tragedy”[117].

September 29, OSCE Conference in Warsaw, Mendygaziev Barlyk: “Peaceful assemblies are banned in Kazakhstan. This year the authorities have issued 107 unjustified refusals to hold peaceful assemblies. Human rights defenders Toregozhina Bakhytzhan Sadyrbayeva Raigul, Sadvokasova Aya and Bekkulova Shalipa, who are engaged in gathering information about the shootings, torture and persecution of peaceful demonstrators who took part in the January events this year, are also being subjected to repression”[118].

On September 29, Kyzylorda, City Court # 2 added another 7 years to the 5 years of imprisonment of Yerzhan Yelshibaev, who is being held in the facility ZK-169/5 under Article 106 , Part 2 of the Criminal Code of the Republic of Kazakhstan. Thus, with the remaining one and a half years of imprisonment the total term of imprisonment for Yershibaev was eight years. He was put on trial on the complaint of the administration of the colony for insubordination and incitement of other convicts[119].

September 29, Almaty, the akim of the city Dosayev Yerbolat, referring to the upcoming presidential elections, said that he cannot “guarantee that there will be no minor violations, or procedural violations”. But the akim assured that “the principle of honesty and transparency will be observed”[120].

September 29, Almaty, Kyrgyz musician RuzakhunovVikram reports, that he “identified the police officers who were suspected of the January torture in Almaty”. He was able to show investigators the places where police officers were torturing him, beating him with chains and a mop, kicking him in the face and strangling him during interrogation. “I identified more than 10 people out of 348 people from the photos”[121].

September 29, Almaty “I have described in detail the crimes that were committed and I have identified officers of the Almaty Regional Police Department, who were involved in committing crimes against detainees. It could be dangerous to participate in the investigation, as the police officers, whom I have identified, are still powerful officials today”, Ruzahunov Vikram reports[122].

September 29, in Almaty, the human rights defender Yerlan Kaliev filed a lawsuit to the Specialized Administrative Court against the city Akim Dosayev Yerbolat, demanding to recognize the refusal issued by him to hold a peaceful assembly as illegal. He points out the inconsistency of the reasons for the refusal with the provisions of the Constitution and the Law on Peaceful Assemblies[123].

September 29, Almaty, Dzhumageldiev Arman, Article 272, Part 1 of the Criminal Code of the RK, who was detained in connection with the organization of the January pogroms, was charged with a new crime. He is suspected of organizing a criminal group operating under the control of Ruslan Iskakov, the former head of the 5th Department of the National Security Committee since 2016[124].

September 29, Almaty, the International Foundation for the Protection of Freedom of Speech “Adil Soz” conducted a study of the situation in Kazakhstan with regard to the right to freedom of expression, receiving and disseminating information from September 22 to September 29, 2022[125].

September 30, Fazilov Aitkozha, the city akimat for the 15th time refused a local activist to hold an action with a demand to rename Nazarbayev Avenue back to the Boulevard of Peace. The reason for the refusal was that the venue for the rally is a private space near the shopping center[126].

September 30, Astana, Baltatarova Yevgeniya, a journalist from Buryatia, was detained in the capital. She is charged in Russia under Article 207, Part 2 of the Russian Criminal Code of the Russian Federation for spreading fake information about the Russian army. Russian law enforcement authorities put her on the international wanted list[127].

[1]https://rus.azattyq.org/a/32014112.html

[2]https://www.facebook.com/toregozhina/posts/pfbid02MWxe5zwXXK5LiEskAiBhWabvLCZnNmCGpMMfebxHyUT9KkNUYuafepGND31RYtwpl

[3]https://orda.kz/tokaev-obyavil-amnistiyu-uchastnikam-krovavogo-yanvarya/

[4]https://aktobetimes.kz/vazhnye-novosti/9012-evgenij-zhovtis-vlasti-hotjat-otdelatsja-maloj-krovju.html

[5]https://rus.azattyq.org/a/32015652.html

[6]http://www.adilsoz.kz/news/show/id/3733

[7]https://orda.kz/v-minyuste-ozvuchili-poryadok-provedeniya-amnistii-po-yanvarskim-sobytiyam/

[8]https://orda.kz/v-minyuste-ozvuchili-poryadok-provedeniya-amnistii-po-yanvarskim-sobytiyam/

[9]https://rus.azattyq.org/a/32015620.html

[10]https://www.facebook.com/groups/ActivistsNotExtremists/posts/3354530301532896/

[11]https://www.instagram.com/p/Ch9tJ6dDTM-/?hl=ru

[12]http://www.adilsoz.kz/news/show/id/3736