According to experts, the authorities of Kazakhstan use extremism laws to fight political opponents.
In Shymkent, the police launched probe against activist Zhanmurat Ashtayev. In early July, he supported the participants of the hunger strike who demanded to stop political repressions, and was arrested for 10 days for “violating the proceeding at the peaceful meetings.”
On July 9, Ashtaev’s wife Moldir Nuranova said to Azattyk (the Kazakhstan office of Radio Liberty) that investigators of the city police department came to him to the isolation ward and interrogated him. According to her, they said to Ashtaev that he was suspected of two articles “Distribution of misleading information” and “Use of force against a public officer”. Ashtaev denied both charges.
“My husband wrote to me from the isolation ward that he was persecuted for his political views and another criminal case was opened [against him] once again,” said Moldir Nuranova to Azattyk.
Earlier, on July 7, 2021, Human Rights Watch accused the authorities of Kazakhstan of misusing of vague and overbroad criminal charges relating to the crime of “extremism” to harass and prosecute government critics.
“It is not a crime to want to see political change in Kazakhstan, or to peacefully express sympathy or support for political opposition groups advocating those changes,” said Mihra Rittmann, senior Central Asia researcher at Human Rights Watch.
The Human Rights Watch said that the authorities of Kazakhstan have targeted at least 135 people across the country with criminal investigations and prosecutions for alleged participation in banned “extremism” political opposition groups.
Vice minister of justice Akerke Akhmetova at the July 9 briefing responding to the questions of journalists said that there are no political prisoners in Kazakhstan, but there are criminals who have committed criminal acts. She also added that all recommendations given by international organisations are being considered.
“Many of them have been implemented so far: abolition of the death penalty, because such reputable international organisations as Human Rights Watch and other prominent ones have urged Kazakhstan and finally [the initiative] was implemented,” Akhmetova said in response to the question asked by Azattyk.
The website of TIREK Alliance, which ensures rights and information support of political prisoners in Kazakhstan, publishes information about political prosecutions.
The profiles of 21 persons who are listed as political prisoners have been made publicly available. 248 more are prosecuted without imprisonment.
“Extremism to fight political opponents”
According to experts, the law of Kazakhstan has no articles charging with political prosecutions, yet it has the so-called “extremism” articles, which are “traditional political articles”:
- article 174, Criminal Code of Kazakhstan “Incitement of hatred”
- article 405, Criminal Code of Kazakhstan “Organisation and participation in activities of a public or religious association or other organisation following the court’s ruling banning their activities or on their liquidation due to their extremism or terrorism”
- article 256, Criminal Code of Kazakhstan “Propaganda of terrorism or public calls for acts of terrorism”
According to political analyst Dimash Alzhanov, the point is not only about abuses, but rather about systematic use of criminal charges in extremism to fight political opponents. This is how the authorities remove opposition-minded citizens, followers of the “Democratic Choice of Kazakhstan” (DVK), banned in Kazakhstan, and related “Koshe partiyasy” (banned in Kazakhstan and recognised as extremist one) from the legal political framework. According to the estimates of the authorities, people charged in extremism must fall out of the category of political prisoners. This, in turn, will help reduce or hinder criticism from human rights activists and the international community.
Human rights activist Tatyana Chernobil said that some countries abuse law often to prosecute the critics of the authorities. This is the case of Kazakhstan.
“There is the law about criminal liability for participation in the activities of an organisation banned by court. But is the law “lawful”? In terms of human rights, it is not,” Chernobil said.
According to her, it has been repeatedly pointed out to Kazakhstan that the national legislation has no clear definition of extremism, that only acts that result in actual damage should be subjected to prosecution, and political views and their peaceful expression must not be prosecuted at all. Now the national legislation allows to imprison people without sufficient legal clarity and certainty.
Dissent is punishable
On May 19, 2020, the “Democratic choice of Kazakhstan” movement that was renamed into “Koshe Partiyasy” was banned in Kazakhstan.
“Since December 2019, the leaders of the banned DVK have taken measures to change the name to “Koshe Partiyasy”. It was done to continue the extremist activity of DVK under the new name and with a purpose to escape responsibility,” according to the message.
The court banned the activity of DVK under the new name of “Koshe Partiyasy” across Kazakhstan, including via the media, telecommunication networks, social media, messengers and video hosting, distribution of information materials.
On June 13, 2020, Kairat Klyshev, who was nicknamed “The drummer of the revolution” during the so-called “Sabbathage” in Almaty, walked down Panfilov Street holding the drum in his hands and chanting “Activists not extremists!”.
Today, he is under investigation under article 405 of the Criminal Code of Kazakhstan and is in custody since August 2020. Before that, he was under administrative arrest several times for taking part in unauthorised protests.
Lawyer Zhanar Balgabayeva said that the laws of Kazakhstan are vague and apply the term “extremism” at their discretion, when it is convenient. The desire to express one’s opinion or to hold a peaceful meeting, which at best can be qualified as administrative offence, is criminalised.
“Dissent in Kazakhstan and the right to express one’s opinion is being suppressed. In the case of “Koshe Partiyasy” the guys are brought to trial for their participation in rallies. My clients have not committed any acts related to violence. It is clear that the criminal prosecution authorities use these measures because we have certain legislative gaps,” Balgabayeva said.
According to her, this is so because the laws of Kazakhstan and international laws differ in part of extremism. In Kazakhstan, unregistered organisations can easily be found extremist ones, and the criminal prosecution authorities use this opportunity widely.
In turn, political analyst Dimash Alzhanov said that the key component is the extended repressive measures to arrest and detain citizens charged with extremism.
“Every citizen who is detained for participation in a peaceful rally or a protest is being interrogated without a lawyer and is told that any ties with political parties banned in Kazakhstan or participation in protests are prosecuted,” Alzhanov said.
Negative consequences of such policy, according to the political analyst, are wider and go beyond the circle of prosecuted citizens, and the entire society is at risk. The political process is much distorted towards polarisation and confrontation, which finally leaves no place for peaceful methods of the race for power.