The adoption of the new constitution by referendum on March 15, heavily marked by restrictions on freedom of expression and censorship, has not ended the wave of arrests of activists and journalists. The latest victim’s names are Asset Mataуv, Botagoz Omarova, and Sanjar Bokayev. For Omarova and Bokayev, the cases were opened under Article 247 of the Criminal Code for “dissemination of knowingly false informations ”, whereas in Matayv’s case, this article had previously been used to open a case, which was closed on the very same day that a new case was opened against him under Article 293.
All three were detained on March 20.
Asset Mataуv is the director general of the KazTAG agency, the largest independent news agency in the country. An important figure in Kazakh journalism, he previously served as executive director of the National Press Club and even ran in 2023 for a seat in the Majilis of Almaty (the equivalent of the city council).
On March 20, the Almaty court decided to place him in pre-trial detention for two months under Part 2 of Article 293 of the Kazakhstan Criminal Code, which concerns hooliganism. Indeed, Mataev was reportedly caught in a brawl on March 18 in the Medeu district of Almaty, where, while trying to separate the fighting parties, he was struck on the head with an iron bar, according to his defense. While his lawyer, Rena Kerimova, cites an open cranial trauma as well as several other serious injuries, the Almaty police department stated that none of the people involved in the brawl sustained serious injuries: “The information circulating about a “fractured skull” is not true — the condition of the participants is stable and does not prevent their detention.” According to his lawyer, the court ordered that he be guaranteed necessary medical care, including hospitalization if needed.
On Monday, March 30, it was finally decided to place Mataev under house arrest.
This is not the first time Mataev has faced the justice system: in addition to the proceedings that were opened last year under Article 247 and later dropped, he was previously charged under Article 254 of the Criminal Code, “negligent performance of duties”, which, according to his lawyer, is rarely applied because it is considered too vague. Indeed, it requires proving that the negligent performance of professional responsibilities resulted in a serious fault. However, he was imprisoned on these charges and acquitted after serving his sentence.
The day after his detention on March 18, the international freedom of expression defense fund “Edil Soz” called for a thorough and objective investigation into the case. The real reason for his arrest is still under question.
Botagoz Omarova, author of the Telegram channel “Aitpa, Botagoz,” also became the subject of a pre-trial investigation by the Astana police. The police clarified that the preliminary investigation consisted of investigative actions and the collection of testimonies and was opened following a complaint, whose author is unspecified, under Article 274 of the Criminal Code. Initially, Omarova, represented by lawyer Assel Tokaeva, had the status of a witness with the right to a defense. Today, she is considered a suspect and placed under house arrest.
What are these “knowingly false” pieces of information, which prompted the complaint, published on her channel that is intended precisely to share “knowingly true information”. According to journalist Janiya Urankaeva, the summons may be related to Omarova’s publications about workers involved in the construction of the “presidential stables.” Workers claiming unpaid wages had sought help from the media; before her interrogation, Omarova submitted video recordings of their testimonies.
The third victim of March 20, Sanjar Bokayev is a well-known activist and blogger, arrested under Article 2274 of the Criminal Code. He is suspected of having published videos on social media showing illegal tree cutting in a public park as well as thefts at construction sites, with the aim of disseminating false information and shaping negative public opinion. He has also been accused of having organized the tree cutting himself in order to blame the municipal administration. The day before, the investigative court had chosen pre-trial detention for two months as a preventive measure. According to his lawyer Dias Akhmetov, close relatives of Bokayev offered to act as guarantors, but the court did not take this into account. On March 20, Bokayev was finally placed in the pre-trial detention center of the National Security Committee in Almaty — a highly unusual measure for people prosecuted under Article 274. Normally, such treatment is reserved for individuals who pose a particular threat to state security (criminals, mafia, etc.). Does he pose a political threat that would justify increased surveillance, or is this measure intended to ensure his safety?
In 2022, he attempted to found a political party, Namys, focused on digital engagement and increased participation of younger generations, but he failed to have his party officially registered. On Instagram, he has 1.2 million followers, a very high number for Kazakhstan.
