To the Prosecutor General of the Republic of Kazakhstan
B. N. Asylov
To the Commissioner for Human Rights in the Republic of Kazakhstan
A. Ye. Lastaev
OPEN LETTER
Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR)
On Sunday, 17 August, the day on which a marathon was planned to mark the birthday of imprisoned opposition politician, civil activist, and ultramarathon runner Marat Zhyulanbayev, reports were received from various regions of Kazakhstan concerning the detention of activists and human rights defenders.
In East Kazakhstan, former political prisoner Serik Ydyryshev was detained while attempting to go for a run. In Oral (Uralsk), civic activists Roza Kariyeva and Marua Eskendirova were detained during their run. In Shymkent, Yermek Konshbaev was detained. In Almaty, activists Ninagul Zhumaniyazova and Kumis Kulmanova were also detained. In Shortandy, Amangeldy Zhakhin was detained. In Astana, police officers and representatives of local authorities attempted to prevent running and other sporting activities.
Activists engaged in individual or paired runs, during which they recorded short video greetings addressed to M. Zhyulanbayev. Some were unable even to begin their runs, as they were detained en route. All actions were strictly peaceful, did not disrupt public order, and constituted an exercise of civic expression in a public space. The sole purpose of these actions was to provide moral support to the imprisoned activist.
Nevertheless, the police disrupted this initiative and detained participants on formal and unfounded grounds. Although those detained were subsequently released, such actions are unlawful and constitute a violation of citizens’ rights.
Pursuant to subparagraph 29) of Article 7 of the Criminal Procedure Code of the Republic of Kazakhstan, “actual detention” is defined as any restriction of liberty, including the freedom of movement, and the compelled escorting of a person to investigative bodies (in this case, absent lawful grounds), from the moment such restriction becomes effective, irrespective of procedural status or the execution of formal documentation.
We believe that the detained activists were, in effect, temporarily deprived of their liberty without sufficient legal grounds, which constitutes a direct violation of their constitutional rights as enshrined in Article 16 of the Constitution of the Republic of Kazakhstan (“Everyone shall have the right to personal freedom and inviolability”), as well as Articles 9 (the right to liberty and personal security) and 19 (the right to freedom of expression) of the International Covenant on Civil and Political Rights (ICCPR), to which Kazakhstan is a State Party.
As early as 2017, the UN Human Rights Committee – before which the Republic of Kazakhstan reported in June of this year on its implementation of international obligations under the ICCPR – stated in its decision in the case Andrey Sviridov v. Republic of Kazakhstan that “the actions of an individual peacefully expressing his opinion in a public place should not be subject to the same restrictions as actions carried out as part of an assembly of several citizens.” The Committee further held that restrictions requiring compliance with formal notification and authorization procedures for solitary peaceful protests, including single-person pickets, are not justified by a legitimate aim as required under international human rights law, are neither necessary nor proportionate to such an aim, and therefore constitute violations of the rights guaranteed under Article 19 of the ICCPR.
Kazakhstan, as a participating State of the Organization for Security and Co-operation in Europe (OSCE), has also undertaken commitments to respect the right to freedom of expression (OSCE Copenhagen Document, 1990). The preventive detention of activists in connection with their peaceful activities constitutes a gross violation of these commitments and undermines confidence in Kazakhstan on the international stage.
Finally, within the framework of the UN Human Rights Council, where Kazakhstan positions itself as an active member, the State has undertaken commitments to promote the development of civil society and to protect human rights defenders. The actual detention and intimidation of activists directly contradict these commitments and create a negative precedent that may be regarded as a violation of the principle of good faith performance of international obligations (Article 26 of the Vienna Convention on the Law of Treaties).
The practice of “preventive detention” on the eve of peaceful assemblies has become systematic and serves as evidence of the suppression of civic activism. Such actions not only contradict national legislation but also constitute a flagrant breach of Kazakhstan’s international obligations before the United Nations, the OSCE, and other international institutions.
We urge the authorities to:
Conduct an impartial prosecutorial review of the unlawful detentions of activists and human rights defenders on 17 August, and hold those responsible accountable.
Immediately cease the practice of “preventive detention,” as it contravenes the Constitution of the Republic of Kazakhstan and the State’s international obligations.
19 August 2025, Almaty
