This report surveys developments impacting freedom of expression, association and peaceful assembly in Kazakhstan from May to early November 2024. It has been prepared by International Partnership for Human Rights (IPHR) and Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR) in cooperation with the CIVICUS Monitor.
On 6th October 2024, a nationwide referendum was held on controversial plans to construct a nuclear power plant (NPP) in Kazakhstan. According to the official results, 71 percent of voters supported building a NPP near Lake Balkash in the Almaty region. While the government has argued that the NPP will ensure clean, affordable energy and help maintain low electricity tariffs, opponents have raised concerns about both environmental and national security risks, with Russia’s state-owned Rosatom among the top bidders to build the plant. Independent observers reported irregularities during the referendum, including the use of “carousel voting” and ballot stuffing, and the groundless removal of observers from polling stations.
In addition, as with all elections in the country, the referendum took place in a tightly controlled political environment, in which authorities stifled public discussion and expressions of dissent on the NPP issue. In August 2024, Minister of Energy Almassadam Satkaliyev condemned opposition to the NPP plans as “unpatriotic” and announced that his department was submitting a complaint to the police against critics on this issue. Critics were also directly targeted, including by being prevented from attending public debates on the NPP, and penalised for publishing videos critical of the construction of it. Authorities also denied permission for peaceful protests planned across the country on the day of the referendum and detained activists beforehand to prevent demonstrations. While some activists were fined or detained for short periods for allegedly violating the rules for holding assemblies, 12 activists faced criminal charges on accusation of preparing mass riots in connection with the referendum.
In June 2024, President Tokayev signed a new media law. While media representatives and experts welcomed certain aspects of the new law, they expressed concerns about vague language and deviations from international standards in other provisions, such as a requirement for compulsory registration of both off- and online media.
In follow-up to the new media law, the government introduced new accreditation rules for journalists, which media watchdogs warned could be used to silence critical journalists. Under the new rules, foreign media and journalists could face refusal, suspension or withdrawal of their accreditation for unspecified violations of national law, while domestic journalists’ accreditation to cover the work of state bodies could be suspended on broad grounds. Shortly after the new domestic accreditation rules took effect in August 2024, one journalist was denied access to the Cabinet of Ministers’ office for alleged violations, although the decision was reversed following public criticism. A group of journalists sued the Ministry and Culture over these rules, but in early November 2024, a local court dismissed the case.
In June 2024, the Kazakhstani government referred a public petition to ban “LGBTQI+ propaganda” for consideration by a government-led working group. Following discussions in this group the government partially supported the petition and initiated a study on the alleged impact of LGBTQI+ materials on children, despite criticism from human rights defenders and international experts. During the reporting period, several cases of police intimidation of individuals related to alleged expressions of “LGBTQI+ propaganda” were reported, raising concerns about increasing restrictions on freedom of expression in this context.
In addition, the well-known LGBTQI+ and feminist movement Feminita was subjected to increasing pressure. The movement faced significant obstacles in securing a venue for a meeting held in Almaty on 9th October 2024, with several facilities refusing bookings and one revealing that Feminita was “blacklisted” by local authorities. When it finally took place, the meeting was disrupted by members of the Kazakhstan Parents’ Union, who filmed participants without their consent. This prompted police involvement that led to the detention of Feminita’s co-founder Gulzada Serzhan, along with two representatives of the Kazakhstan Parents’ Union. Meeting attendees were also prevented from leaving while police photographed their IDs. On the same day, a MP from the ruling party called for Feminita to be banned as “extremist”. Earlier, in May 2024, Gulzada Serzhan was fined over a peaceful unsanctioned march calling for increased penalties for gender-based violence. The movement has repeatedly been denied registration.
In a similar vein, the opposition party Alga Kazakhstan! (“Forward Kazakhstan!”) continued to be denied registration, and its activists were singled out for harassment, including by being detained and penalised for gathering in connection with the party’s registration attempts. Since spring 2022, the initiative group behind the party has had its application for registration returned more than 25 times due to the alleged failure to provide proof of a sufficient number of supporters. Alga party leader Marat Zhylanbaev remained imprisoned on unsubstantiated extremism charges, and in October 2024, his close associate Aidar Syzdykov received a five-year sentence on drug-related charges, which were also deemed politically motivated by human rights defenders. Two other well-known opposition activists, Duman Mukhamedkarim and Asylbek Zhamuratov were convicted on extremist charges similar to those of Zhylanbaev in August 2024 following closed trials. These convictions reinforced concerns about the pattern of misusing criminal law to target outspoken opposition supporters.
There were ongoing concerns about the authorities’ application of broadly worded charges of spreading false information, defamation, and incitement of discord to restrict legitimate free speech of activists, journalists and others, using applicable provisions of criminal and administrative law.
Exiled Kazakhstani journalist-activist Aidos Sadykov, a vocal critic of the authorities who had been charged with “inciting discord” in absentia, died in July 2024 from injuries sustained during an assassination attempt in Kyiv. Ukrainian authorities identified two Kazakhstani citizens as suspects and requested their extradition. However, Kazakhstani authorities did not comply with this request, although one of the suspects was detained in Kazakhstan.
UN human rights experts came out in support of women’s rights activist Dina Smailova, who is facing criminal charges of spreading false information and other crimes believed to be retaliation for her work on issues of domestic and sexual violence. Previously forced to flee Kazakhstan, Smailova is subject to an international arrest warrant issued by Kazakhstan.
During the reporting period, the legal proceedings began in a high-profile case in which six police officers stand accused of torture and abuse of power in relation to a total of 44 victims during the “Bloody” January 2022 protests. The victims in this case include well-known Kyrgyzstani jazz musician Vikram Ruzakhunov, who was detained in January 2022 despite not taking part in the protests. As of November 2024, the trial was still under way. While welcoming the prosecution of the perpetrators of torture during the January 2022 events, IPHR, KIBHR and other human rights groups are concerned that the number of such cases remains disproportionately low compared to the scale of reported violations, with hundreds of complaints of abuse filed by protesters. In addition, the legal proceedings have been tainted by due process and fair trial violations, and victims of abuse have not received adequate compensation.
Human rights groups also remained concerned about the lack of fairness of legal proceedings against individuals charged over their involvement in the January 2022 events. In July 2024, the Supreme Court upheld the earlier conviction of civil society activists Aigerim Tleuzhan and Kalas Nurpeisov as the purported organisers of the seizure of Almaty airport during the January 2022 events. The circumstances of this case suggest that the two activists have been unfairly designated as scapegoats for the violence at the airport, with the real perpetrators – whom the authorities claimed were well-organised “militants” at the time – still not identified.
During the reporting period, authorities continued to violate the right to freedom of assembly by routinely rejecting requests for peaceful gatherings, and penalising activists with fines and up to 20 days of detention for unsanctioned assemblies. Authorities also targeted individuals who gathered together for reasons that were not related to protests, for example, to submit the Alga Kazakhstan! opposition movement’s registration application; to commemorate killed journalist Aidos Sadykov, or to support journalist-activist Duman Muhkamedkarim during his trial. In one instance, a planned meeting of local apartment owners, initiated by a local activist, was even deemed to be an unsanctioned assembly. Preventive detentions of activists ahead of planned or potential protests remained a common practice. This persistent crackdown on protesters and potential protesters further restricted the already limited space for peaceful assemblies.
These issues are discussed in more detail in the sections below.
Expression
Adoption of new, criticised media law and accreditation rules
After being passed by the two houses of Parliament, a new media law was signed by President Kassym-Jomart Tokayev on 19th June 2024 and entered into force two months later. As we reported before, while media watchdogs and international experts have welcomed certain aspects of the new law, they have expressed concerns about vague language and deviations from international standards in other provisions. The fact that the new law mandates compulsory state registration for both offline and online media and grants the government new broad powers to deny accreditation to foreign media outlets and journalists is particularly problematic. The introduction of these provisions coincided with difficulties faced by over 30 correspondents from Radio Free Europe/Radio Liberty’s local service in obtaining accreditation. While the service eventually reached an agreement with the Foreign Ministry on the accreditation of its journalists, it is feared that new similar cases might occur.
In follow-up to the new media law, the government introduced new accreditation rules for foreign media and journalists, granting the Foreign Ministry powers to deny, suspend or withdraw accreditation for unspecified violations of national law. Foreign journalists’ accreditation could also be revoked because of activities deemed inconsistent with “the officially declared purpose” of their work.
In addition, the government adopted new accreditation rules for domestic journalists covering the work of state bodies. Under these rules, which entered into force in August 2024, each state body establishes its own accreditation procedures. Journalists accredited by a specific state body are required to publish information received from that body exclusively in the media outlet for which they were accredited, even if they work for multiple outlets. Journalists who violate this rule on two or more occasions, could see their accreditation suspended for up to six months. Violating the code of conduct at press events organised by state bodies or failing to comply with access rules for state buildings could result in a similar penalty.
Media watchdogs severely criticised the new accreditation rules. The Committee to Protect Journalists warned that the rules “open doors to censorship” and might be used to silence both foreign and domestic journalists critical of the government. The local media community also expressed strong concerns. In particular, nine journalists filed a lawsuit against the Ministry of Culture and Information, arguing that the domestic accreditation rules violate their constitutionally protected rights to freedom of expression and dissemination of information. However, on 11th November 2024, an Astana court dismissed the lawsuit, finding no violation of these rights.
Shortly after the new domestic accreditation rules took effect, one journalist’s accreditation was suspended:
- On 6th September 2024, the online outlet Press.kz was notified that its correspondent Zhania Urankaeva had been barred from entering the Cabinet of Ministers building until 31st December 2024 for allegedly violating internal, undisclosed access rules and “ignoring repeated warnings”. The ban followed an incident where Urankaeva, while at the press centre in this building, went up to the next floor, where cabinet meetings are held, and posed questions to two ministers. Shortly before this, the press centre had been relocated from this floor – a move argued to improve working conditions, though journalists saw it as an attempt to restrict their access to government officials as it meant they could not approach them as easily as before. Kazakhstan’s Union of Journalists condemned the decision in Urankaeva’s case as “unacceptable”, saying it confirmed the concerns raised about the new accreditation rules. Following the outcry, the access ban for Urankaeva was lifted.
Fight against “LGBTQI+ propaganda”
In June 2024, the government announced that a public petition to ban “LGBTQI+ propaganda”, initiated by the Kazakhstan Parents’ Union, had gathered enough signatures (more than 50,000) for it to be considered by a working group led by the Ministry of Culture and Information. During the working group discussions supporters of the petition claimed that “LGBTQI+ propaganda” and even LGBTQI+ relations as such are due to Western influence, and that they threaten national values and security, and lead to child abuse. Human rights defenders and international experts criticised the initiative, with a group of UN experts stressing that it is “based on prejudice” and “any legislation arising from it would inevitably and unlawfully trample on human rights” in violation of Kazakhstan’s international obligations. Following the discussions, the Ministry of Culture decided to partially support the petition and ordered a study into the alleged influence of LGBTQI+ materials on children. At the time of writing, this study is under way.
Earlier, during discussions of the new media law (see above), MPs had already proposed introducing sanctions for propaganda of so-called non-traditional sexual relations, demonstrating support for such legislation among decision-makers, although the proposal was not approved at that time.
During the reporting period, several cases were reported in which police took action in response to perceived “LGBTQI+ propaganda”, raising concerns about increasing restrictions on freedom of expression in this context:
- In June 2024, a graphic designer living in Ekibastuz reported being intimidated by police over his social media posts criticising the petition to ban “LGBTQI+ propaganda” and defending LGBTQI+ rights. According to the designer, two plainclothes police officers visited him to discuss his posts and warned him to be “more careful” with what he writes. He said that the police officers suggested he could face criminal charges for “inciting” discord through his posts, even though his comments expressed concerns that the petition could fuel hatred against LGBTQI+ people.
- In early August 2024, police visited dance coach Aman Aubakirov at his studio in Pavlodar after a restaurant commercial featuring him performing a dance in high-heels drew hundreds of disapproving comments online. Officers took a statement from Aubakirov clarifying that the dance was not intended as “LGBTQI+ propaganda” and questioned him repeatedly about his sexual orientation. They also issued a summons for a “preventive conversation” at a local police department, suggesting he might be fined for “petty hooliganism.” During the follow-up meeting on 13th August, officers warned Aubakirov that public posts which drew complaints could result in legal consequences and cautioned him about potential non-renewal of his Kazakh residence permit if he continued to “irritate residents.” The police reportedly mentioned new coordination measures with local media to manage future publications, effectively suggesting local censorship efforts.
A well-known LGBTQI+ and feminist group was also subjected to harassment (see more under Association).
Stifling dissent ahead of NPP referendum
Authorities attempted to stifle public discussion and expressions of dissent ahead of the referendum on the construction of an NPP in Kazakhstan on 6th October 2024.
At a press conference in late August 2024, Minister of Energy Almassadam Satkaliyev stated that his ministry was preparing a complaint to the police regarding those who have “negative emotional outbursts” regarding the plans to construct an NPP. He accused those who oppose these plans of being unpatriotic and obstructing Kazakhstan’s development. It is not known what action police took in response to the complaint, but the fact that a high-ranking official made such a statement was of great concern.
Those voicing criticism were also directly targeted. Some activists known for their opposition to the NPP plans were prevented from attending and voicing their opinions during public debates on the matter. For example, on 8th August 2024, activist Eldos Dosanov from Semey was detained by police when attending a public hearing on the NPP issue. The following day he was sentenced to 15 days of detention for allegedly failing to comply with the orders of police.
Others were penalised for publishing video clips featuring discussions on the NPP plans. On 11th September 2024, an Almaty court fined activist Abzal Dostiyarov approximately 105 EUR after he published a YouTube video announcing the results of a private survey he carried out on the NPP. The court found him guilty of violating the legal requirements for conducting election-related opinion polls, according to which such polls may only be conducted by registered legal entities with prior approval from the Central Election Commission. Dostiyarov insisted that the charges were unfounded, saying that the video clip was not an opinion poll. In early October 2024, a court in Uralsk fined Tamara Eslyamova – chief editor of the Uralskaya Nedelya newspaper and the head of the company owning it – approximately 210 EUR for a similar violation. In this case, the charges concerned video interviews with local residents on the NPP issue, published on Uralskaya Nedelya’s YouTube channel.
In mid-September 2024, the Ministry of Justice refused to register a public movement called “Stop the NPP” because its charter allegedly did not specify the purpose of the association. Authorities also denied permission to hold peaceful protests on the day of the NPP referendum and detained activists to prevent them from protesting on this issue (see more under Assembly). Some activists opposing the NPP faced criminal charges for preparing mass riots (see more under Association).
Death of journalist
Opposition journalist and activist Aidos Sadykov died on 2nd July 2024 due to injuries he sustained during an assassination attempt in Kyiv, Ukraine, two weeks earlier. Sadykov had vocally criticised the Kazakhstani authorities, including on a popular YouTube channel, which he and his journalist wife co-founded after fleeing Kazakhstan in 2014 and seeking refuge in Ukraine. Despite their relocation, the couple continued to face intimidation and harassment and, in autumn 2023, Kazakhstani authorities declared them internationally wanted on charges of “inciting discord” (see more below on the misuse of such charges against critics).
Ukrainian authorities identified two Kazakhstani citizens as the suspected perpetrators of the attack on Sadykov and requested their extradition from Kazakhstan. According to Kazakhstani authorities, one of the suspects was detained after surrendering, while the whereabouts of the other are unknown. Shortly following the attack on Sadykov in June 2024, Maulen Ashimbayev, Chair of Kazakhstan’s Senate, stated that Kazakhstan “does not extradite its citizens”. As of November 2024, none of the suspects in the case had been extradited to Ukraine.
Misuse of charges to restrict freedom of expression
There were ongoing concerns about the authorities’ misuse of broadly worded charges of spreading false information, defamation, and incitement of discord to restrict legitimate free speech, using applicable provisions of criminal and administrative law. These are a few examples from the reporting period:
- On 24th May 2024, a Shymkent court convicted pensioner Kalima Djaparova of inciting national discord (under Criminal Code article 174) and sentenced her to two years of restricted freedom, during which time her freedom of movement will be limited. She had been held in pre-trial detention since October 2023. Djaparova was accused of offending the national honour and dignity of Russians because of remarks she made when denouncing the Russian invasion of Ukraine, such as by referring to Russians as “fascists” and calling for “the death of the occupiers”. She made these comments when travelling by public transportation, where a fellow passenger video recorded her. Human rights defenders deemed her case to be politically motivated, noting that Djaparova was merely expressing her views on the Russian invasion of Ukraine and the attacks on civilians.
- On 30th September 2024, a Kostanay court sentenced civil society activist Sergei Zinchenko to 20 days of administrative detention for “slander.” The case stemmed from a Facebook post in which Zinchenko shared a photo of a car belonging to a local resident. Above the licence plate, the image displayed the phrase “polite people” (“vezhlivie lyudi”) flanked by two Kalashnikov rifles. This expression is a euphemism and meme referring to Russian servicemen involved in the occupation of Crimea. Zinchenko captioned the photo with the question, “Kostanay separatists?” Following his post, the police approached the car’s owner, who removed the controversial inscription. However, she subsequently filed a slander complaint against Zinchenko, resulting in his conviction.
- In late October 2024, journalist Daniyar Adilbekov was sentenced to 4.5 years in prison on charges of false denunciation and knowingly spreading false information (articles 419 and 274 of the Criminal Code). The journalist was accused of falsely implicating a high-level government official in corruption on the Dikaya Orda Telegram channel, which he runs. In addition, he was accused of publishing false information about other public figures on Telegram. As covered before, following Adilbekov’s arrest more than a dozen of his journalist colleagues issued an appeal in his support, calling for his release. Moreover, following his conviction, the Legal Media Centre and several other NGOs, including KIBHR, appealed to the UN Special Rapporteur on freedom of expression to look into the case. They raised concerns that his prison sentence violated his right to freedom of expression and was a disproportionate punishment for actions that do not pose a public danger. Noting that Adilbekov was the first journalist to be charged with “false denunciation”, the NGOs also warned that his case creates a dangerous precedent of using these charges as a censorship tool.
Association
Harassment of LGBTQI+ group
On 9th October 2024, the feminist and LGBTQI+ movement Feminita organised a meeting in Almaty. Prior to the meeting, the group faced significant challenges in securing a venue, with four hotels declining to rent space, citing overbookings and other pretexts. A representative of a co-working facility disclosed that they had received a call from the local mayor’s office, informing them that Feminita was “blacklisted” and prohibited from renting venues in the city. When the meeting finally got under way, several members of Kazakhstan Parents’ Union – the same organisation that initiated the petition to ban “LGBTQI+ propaganda” (see more under Expression) – disrupted it and filmed participants without their consent. This prompted Feminita to call the police. Upon their arrival, the police detained Feminita’s co-founder, Gulzada Serzhan, along with two representatives of Kazakhstan Parents’ Union. Meanwhile, other meeting participants were prevented from leaving while police photographed their IDs, without explaining why. That same day, a member of parliament from the ruling Amanat party publicly called for Feminita to be declared “extremist” and banned, and referred to the group’s representatives as “perverts”. Feminita has long faced obstacles in its operations, including repeated refusals by the Ministry of Justice to grant it registration.
Persecution of opposition groups and activists
The opposition party Alga Kazakhstan! (“Forward Kazakhstan!”) continued to be denied registration. As covered before, the initiative group behind the party has repeatedly had its application for registration returned due to the alleged failure to meet registration requirements, in particular proof of a sufficient number of supporters. During the reporting period, Alga activists were again penalised for gathering in connection with the party’s registration attempts (see Peaceful Assembly).
At the same time, the leader of the party remained imprisoned on unsubstantiated extremist charges:
- As reported before, in November 2023, Marat Zhylanbaev was convicted of extremism-related charges and sentenced to seven years in prison. He was accused of involvement in “extremist” activities due to his alleged connections with the Democratic Choice of Kazakhstan (DVK) – an opposition movement that has been banned as “extremist” despite its non-violent nature – and its founder, Mukhtar Ablyazov. He was also accused of financing “extremism” because of bank transfers to co-activists due to their alleged DVK links, although the transfers were intended to support their candidacies in the March 2023 parliamentary elections. Case materials indicated that the charges lacked substance and were initiated to punish him for his legitimate exercise of freedoms of expression, association and assembly. Despite this, the Supreme Court rejected his appeal on 5th June 2024 following a hearing held behind closed doors. Zhylanbaev reported being subjectedto pressure in prison; in a statement disseminated on social media in June 2024, the activist stated that he was in danger because of the actions of prison staff and requested that the Kazakhstani Ombudsperson visit him.
Another leading party activist was also imprisoned on spurious charges:
- Aidar Syzdykov, Alga Kazakhstan! co-founder and Marat Zhylanbaev’s close associate, was arrested in May 2024 on charges of unlawful distribution of drugs. These charges were based on the testimony of an undisclosed witness claiming to have transferred 10,000 tenge (some 20 EUR) to Syzdykov’s bank account as payment for drugs, although the activist’s account was frozen following his conviction in 2021 for participation in the DVK and Koshe Partiyasy – another opposition movement banned as ‘’extremist’’. At that time, he received a three-year, non-custodial so-called restriction of freedom sentence. Human rights defenders believe that the new charges are part of a long-term campaign of harassment, in which Syzdykov has repeatedly been sentenced to short-term detention for peaceful protests. In late September 2024, Syzdykov was sentenced to five years in prison following an unfair trial, where no evidence to support the charges was presented.
In addition, two other well-known opposition activists were convicted on similar extremist charges as Zhylanbaev:
- Following a closed trial, on 2nd August 2024, a court in the city of Konayev in Almaty sentenced journalist, blogger and activist Duman Mukhamedkarim to seven years in prison on charges of participating in the activities of a banned extremist organisation and financing extremist activities. These charges related to a live broadcast he aired in December 2022 together with DVK founder Mukhtar Ablyazov. He allegedly published information about how to make donations to the DVK and expressed support for the organisation’s programme. Mukhamedkarim reported being subjected to ill-treatment while in detention. While an investigation was opened into these allegations, it did not produce any concrete results. Prior to his prosecution on criminal charges, Mukhamedkarim was repeatedly sentenced to short-term detention for attempting to hold peaceful unsanctioned protests. Kazakhstani human rights defenders have recognised him as a political prisoner.
- Following another closed trial in Konayev, on 16th August 2024, activist Asylbek Zhamuratov was sentenced to seven years in prison on similar charges of financing and participating in extremist activities. According to human rights defenders monitoring the case, the charges relied on Zhamuratov’s creation of a WhatsApp group to discuss politically motivated persecution, whose members included DVK founder Mukhtar Ablyazov, and his dissemination of DVK materials. In addition, he was accused of financing extremism because of the provision of assistance to relatives of imprisoned co-activists. Zhamuratov’s wife reported being subjected to pressure when speaking out about her husband’s case, including threats of criminal prosecution. The judge convicting Zhamuratov was the same one who issued the sentence against Duman Mukhamedkarim.
NPP related case
On 29th September 2024, 12 activists opposing the construction of an NPP were detained in Almaty and Almaty region, with some of them subsequently placed in pre-trial detention and the rest released with a travel ban on charges of preparing mass riots. Fellow activists believe that the case is politically motivated and related to their engagement against the NPP and their plans to organise protests on this issue. According to the lawyer of some of those charged in the case, the activists’ exchanges were recorded when they gathered to discuss the NPP issue.
As of November, five activists remained in pre-trial detention in this case, as the investigation continued.
Convictions upheld in case related to the January 2022 events
On 19th July 2024, the Supreme Court upheld the earlier convictions issued against civil society activists Aigerim Tleuzhan and Kalas Nurpeisov for their alleged involvement in the seizure of Almaty airport during the January 2022 events. As covered before, in July 2023, Tleuzhan and Nurpeisov were sentenced to four and eight years in prison, respectively, on these charges. The prosecution’s case relied heavily on questionable witness testimonies, and evidence supporting the activists’ innocence was largely ignored. Human rights defenders have called for their immediate release, considering the trial flawed and politically motivated.
UN experts raise concerns about women’s rights activist’s case
As covered in the previous update, women’s rights activist Dinara Smailova is facing multiple charges related to her efforts to assist victims of domestic and sexual violence and ensure accountability for perpetrators. She has been accused of using money donated to her organisation, Ne Molchi (“Don’t stay quiet”), for personal needs and disseminating “false” information on social media. Previously hundreds of people who had donated money to her organisation were reportedly summoned and requested to write complaints stating that she had used money for personal needs. According to Smailova, the fraud charges against her were initiated solely on the basis of a few alleged, similar complaints from people who had donated small sums of money to Ne Molchi.
After she fled Kazakhstan in 2021, Kazakhstani authorities placed Smailova on an international wanted list in December 2023 and Ne Molchi’s accounts were frozen, preventing further donations from people in Kazakhstan.
Human rights NGOs have criticised the criminal prosecution of Smailova. For example, Human Rights Watch called on the authorities to “ensure that the criminal justice system is not being manipulated and weaponized to silence an outspoken activist and critic” in her case. In addition, in a joint communication to the Kazakhstani government, which was made public in May 2024, the UN special rapporteur on human rights defenders and several other UN experts expressed serious concern over the case against Smailova. They stated the charges against her appeared to be in retaliation for her work as a woman human rights defender and raised concerns about due process violations in her case.
Peaceful assembly
Fallout from the “Bloody January” protests
During the reporting period, legal proceedings continued in cases relating to the use of torture by law enforcement officials during the “Bloody January” 2022 events.
To date, more than 30 officials have been convicted for abuses during these events. However, the number of prosecutions and convictions remains low compared to the scale of the reported violations, with hundreds of complaints about abuse having been filed by protestors. Moreover, legal proceedings have often been tainted by violations of fair trial and due process rights, and the sentences imposed often do not match the severity of the crimes. Some officials convicted of torture have had their prison sentences commuted to a fine. There are also concerns about the inadequate compensation provided to victims of abuse and their families.
These are two cases in which there were new developments during the reporting period:
- According to a press release from the Almaty prosecutor’s office in early November 2024, a local court convicted an officer from the Almaty regional police department of torturing a detainee during the January 2022 events. He was sentenced to 2.5 years of restricted freedom (a non-custodial sentence entailing restrictions on his movement) and deprived of the right to work in state services. This case only became known to human rights defenders after the prosecutor’s office’s press release, and no further information is available.
- In September 2024, the trial started in a court in Almaty region in a case involving six police officers charged with torture and abuse of power during the January 2022 events. A total of 44 people have been recognised as victims in the case, including Vikram Ruzakhunov, a well-known jazz musician from Kyrgyzstan who was detained during the January 2022 events, although he did not take part in the protests. His case attracted widespread attention when a video was shown on Kazakhstani state TV on 9th January 2022, in which he appeared with apparent traces of beatings and purportedly confessed to having been recruited to take part in the unrest in exchange for 200 USD. When his supporters recognised him, a public outcry followed, resulting in Ruzakhunov’s release and return to Kyrgyzstan. Subsequently, Kazakhstani authorities launched an investigation into the allegations of torture of him and co-detainees. As of November 2024, the trial was still under way. While the trial is open to the public, all participants, including the torture victims and their lawyers, have been required to sign non-disclosure agreements.
There are also ongoing concerns about the fairness of legal proceedings against individuals accused of involvement in the January 2022 events. In one such case, 11 defendants were convicted in June 2024 and given prison sentences of one to four years over the storming of the presidential residence and the mayor’s office in Almaty. Human rights defenders raised concerns about numerous procedural violations in the case and the lack of substantial evidence to support the charges. Two of those prosecuted, Nurtas Karaneyev and Kosai Makhanbayev, claimed they were charged after filing complaints about being tortured during the January events and actively seeking justice for their abuse. However, an appeal court upheld the convictions of defendants in October 2024, increasing the sentence of one of them to eight years.
Civil society activists are also among those convicted over the January 2022 events, on charges considered politically motivated by human rights defenders (see more under Association).
Ongoing violations of freedom of assembly
Authorities continued to violate the right to freedom of peaceful assembly by routinely rejecting requests for peaceful gatherings, even on less politically sensitive topics, and penalising participants in unsanctioned assemblies. They interpreted the term “assembly” broadly, targeting individuals who gathered for reasons unconnected with protests, such as submitting an opposition party registration application, commemorating a killed journalist, or supporting a journalist during trial. In one instance, even a planned meeting of local apartment owners, initiated by an activist, was deemed to be an unsanctioned assembly. Preventive detentions of activists ahead of planned or potential protests also remained a common practice.
This persistent crackdown on any form of gathering – or planned gathering – of activists further restricted the already limited space for peaceful assemblies.
Below we describe a few examples of violations of the right to peaceful assembly from the reporting period.
The following incidents relate to the nationwide referendum on the plans to construct an NPP, held on 6th October 2024:
- According to the group “Activists are not extremists,” local authorities in 12 cities across the country issued a total of 45 rejections to civil society activists seeking to hold peaceful protests on the NPP issue on referendum day. In most cases, activists submitted several requests to organise protests, but each time their applications were rejected on varying pretexts. These included claims that other events had already been approved for the planned venues, that the venues were undergoing landscaping improvements, or that the activists had allegedly failed to provide sufficient information about themselves.
- On 6th October, the day of the referendum, civil society activist Elvira Bekzadina was detained at a shopping centre in Astana while holding a “STOP NPP” poster. A court later fined her the equivalent of about 340 EUR for allegedly violating the procedure for organising assemblies. The charges against her concerned an earlier incident on 24th April 2024, when Bekzadina and others visited the Ministry of Justice to file registration documents for the opposition party Alga Kazakhstan! After leaving the building, they chanted slogans calling for the release of political prisoners, including the party’s leader, Marat Zhylanbayev. (See more below on Alga cases and on Zhylanbaev’s case under Association)
According to information from human rights defender Bakhytzhan Toreghozhina, in the days leading up to the referendum, more than a dozen activists were detained on charges of violating the rules for holding assemblies. Some were fined, while others were sentenced to up to 20 days of detention. Another group of activists detained were charged with preparing mass riots (see more on their case under Association).
Authorities also penalised other activists for gathering in connection with the attempts of the opposition party Alga Kazakhstan! to register (see more under Association on these attempts):
- On 12th May 2024, police detained Alga activist Elvira Bekzadina as she was conducting a street poll on the topic “Five achievements during the five years of Tokaeyev’s presidency”. According to the activist, police used force when detaining her and failed to present any police identification or to explain the reasons for her detention. They took her to a local police station, where she reported being held for three hours, subjected to excessive force when taken from one room to another, and prevented from contacting her lawyer. She was finally released under a charge of failing to comply with police orders relating to an incident on 24th April 2024, when she and other Alga activists had gathered to submit registration documents for the party. She was later fined the equivalent of around 210 EUR for this alleged offence.
- On 1st June 2024, an Astana court sentenced Alga activist Amangeldy Zhakhin to 20 days of administrative detention and fined another activist, Elvira Bekzadina. Both were detained the day before when representatives of the party initiative group attempted to submit registration documents to the Ministry of Justice. As a result, they were unable to submit the documents. However, the charges against them concerned an earlier incident, on 14th March 2024, when representatives from the party initiative group likewise gathered outside the Ministry of Justice to submit registration documents. According to the court verdict, the activists violated the rules for holding assemblies by chanting slogans like “Alga, Kazakhstan!” and “We are alive” outside the Ministry. The latter slogan concerns the grounds on which the party’s registration was previously denied, i.e. the alleged inclusion of deceased individuals in its supporter lists.
- On 19th August 2024, a local court in Shymkent convicted three elderly activists—Asia Abiyeva, Aizhan Zholdasova, and Ermek Konyshbay—of violating the rules for organising assemblies for calling for the registration of Alga, Kazakhstan! and the release of political prisoners. They made these calls outside the regional Department of Justice on 31st May 2024, in connection with another registration attempt by the party initiative group. Each activist was fined about 210 EUR, though Abiyeva’s fine was reduced due to her disability.
In several cases, activists were targeted when attempting to commemorate a killed journalist:
- On 4th July 2024, police in Almaty prevented a planned gathering by activists at Karagaily square to lay flowers and honour journalist Aidos Sadykov, who died in Kyiv on 2nd July, less than two weeks after an assassination attempt (see more on his case under Association). Early in the morning, police cordoned off the square, and when activists arrived at the park, they were immediately surrounded by police.
- On 6th July 2024 in Zhanaozen, police detained about a dozen people who attempted to gather in the city centre to commemorate Aidos Sadykov. Videos showed police using force to detain activist Zhadyra Dosekeeva. The detainees were taken to a police station in the nearby village of Tenge and released three hours later. While the others received warnings, Dosekeeva was fined the equivalent of about 340 EUR for violating the procedure for holding peaceful assemblies. As she had previously been prosecuted for unsanctioned protests, the authorities cited recurrence in her case.
Activists were also detained for gathering to support a fellow journalist-activist on trial:
- On 1st August 2024, police detained Bekzat Maksutkan, an activist with the initiative group for the creation of the Atazhurt political party, outside his home in Almaty. He was first taken to the district police department before being transferred to the police department in the neighbouring city of Konayev, where he was charged with allegedly participating in an unauthorised rally outside Konayev City Court on 22nd July 2024. On that day, a court hearing in the case of journalist-activist Duman Muhkamedkarim (see more on his case under Association) took place, and several dozen supporters gathered outside the court building as the proceedings were held behind closed doors. On the day of Maksutkan’s detention, a new hearing in Muhkamedkarim’s case was scheduled to take place and Maksutkan had planned to travel there to express his support. He was sentenced to 10 days of administrative detention in the remote village of Chundzha, 200 kilometres from Konayev and Almaty. Another activist, Abzal Dostiyarov, who was also present outside Konayev city court during Muhkamedkarim’s trial , was also detained in Almaty on 1st August 2024. He was sentenced to 20 days of administrative detention in Chundzha for allegedly organising an unsanctioned protest.
The co-founder of a leading feminist and LGBTQI+ movement was penalised for a peaceful protest on the issue of domestic violence:
- Gulzada Serzhan, co-founder of the feminist and LGBTQI+ movement Feminita, was convicted for organising an unsanctioned march in Almaty on 13th May 2024, during which a group of activists carried placards demanding life imprisonment for former Minister of Economy Kuandyk Bishimbayev, charged with brutally abusing and murdering his wife. The march took place on the final day of the trial in the case, which ended with a 24-year sentence being issued to the former minister. The protest also sought to draw attention to the need for stricter punishment for gender-based violence. Serzhan was fined approximately 360 EUR for violating the rules for organising assemblies. Feminita and Serzhan also faced other harassment during the reporting period (see more under Association).
In the following case, authorities deemed a planned meeting of local apartment owners an unauthorised assembly:
In September 2024, eco-activist and urban defender Saltanat Tashimova, who leads the “Protect Almaty” movement, was fined the equivalent of some 360 EUR for allegedly violating the rules for organising assemblies. Tashimova had planned to organise a meeting for local apartment owners to discuss reported construction plans for a clearing used by local residents for recreation and dog walking. Although the meeting was eventually cancelled, Tashimova was penalised.
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PHOTO: by Meiramgul Kussainova/Anadolu via Getty Images
