This page summarizes cases raised with Kazakhstan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Kazakhstan.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Kazakhstan, English).
Observations
The Special Rapporteur thanks the Government of Kazakhstan for the response received to his communication dated 28 July 2011. He regrets that it did not respond to the latter communication he sent dated 13 January 2012. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the latter communication due to the grave nature of the allegations received.
The Special Rapporteur urges the authorities to ensure that no individual is criminalised for the exercise of his legitimate fundamental freedoms. He urges the authorities to take all relevant measures to ensure that any individual and legal entity, including trade unions, can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends the Government to put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur urges the authorities to refrain from using force during peaceful demonstrations. He reminds that the right to life is a non-derogable right in international human rights law, including in the context of assemblies. In this regard, he refers to Article 5 of the Basic Principles on the Use of Force and Firearms by Law Enforcement Officials Adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders (1990), which provides that “whenever the lawful use of force and firearms is unavoidable, law enforcement officials shall minimize damage and injury, and respect and preserve human life.” He recommends that a thorough, impartial and independent investigation is conducted without delay over any allegation of excessive use of force and of torture and ill treatment during peaceful demonstrations and to hold accountable those responsible and to provide full redress to victims. He requests that the Government keep him informed about the investigations conducted in relation to the aforementioned case.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Kazakhstan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Kazakhstan for its responses to his communications. He however regrets that at the time of the finalization of the present report, the Government had not transmitted a reply to his communication dated 13 January 2012. He considers responses to his communications as an important part of the cooperation of Governments with his mandate, and urges the authorities to provide as soon as possible detailed responses to all the concerns raised in the communication.
The Special Rapporteur urges again the authorities to ensure that no individual is criminalised for the exercise of his legitimate fundamental freedoms. He urges the authorities to take all relevant measures to ensure that any individual and legal entity can peacefully exercise their rights of freedom of peaceful assembly and of association. He recommends again that the Government put in place an enabling and safe environment allowing individuals to exercise their legitimate freedoms without undue hindrances.
The Special Rapporteur reminds again the Government of Kazakhstan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
Observations
The Special Rapporteur thanks the Government of Kazakhstan for its replies to his communication. A translation of these replies was not available at the time of drafting the present report.
The Special Rapporteur further thanks the Government for its invitation of 22 January 2014 to visit the country in January 2014. He hopes to be able to honour this invitation in the near future.
Country visit
The Special Rapporteur thanks the Government of the Kazakhstan for inviting him to undertake an official country visit from 19 to 27 January 2015. He recalls the laudable cooperation of the Government during his visit and commends the Government for extending a standing invitation to all Special Procedures’ mandate holders. The Special Rapporteur reiterates that he stands ready to provide any support the authorities may require to implement the recommendations he put forward in his country visit report A/HRC/29/35/Add.2.
Observations
Responses to communications
The Special Rapporteur thanks the Government of Kazakhstan for responding to all the communications sent during this reporting period.
In connection with the case of the human rights defender, Mr. Saken Baikenov, the Special Rapporteur acknowledges receipt of the Government’s detailed response of 22 May 2015 (KAZ 1/2015). However, the Special Rapporteur remains concerned about arrest, detention and charges against Mr. Baikenov are in retaliation for his human rights work and the exercise of his rights to freedom of association and expression.
Regarding the case of lawyer and human rights defender, Mr. Ermek Narymbaev, the Special Rapporteur acknowledges receipt of the Government’s detailed response of 12 October 2015 (KAZ 2/2015). He reiterates his concern about the repeated arrest and detention of Mr. Narymbaev for his participation in a peaceful rally and the exercise of his rights to freedom of assembly and association and freedom of expression and opinion (PR 01/09/2015).
The Special Rapporteur reminds the Government of Kazakhstan of its obligation “to respect and fully protect the rights of all individuals to… associate freely, online as well as offline… including human rights defenders… seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law (A/HRC/RES/24/5, operative para. 2).
Draft amendments to laws on public associations
The draft “Law on the introduction of amendments and addenda to several legislative acts of the Republic of Kazakhstan relating to activities of non-governmental organizations” makes several amendments to laws regulating NGOs in the country. The Special Rapporteur is concerned by provisions that may compromise the independence of civil society organisations, including restrictions on access to funding and requirements to register information about NGOs on a Government database (KAZ 4/2015).
He acknowledges receipt of the Government’s reply and appreciates the efforts of the Government to bring the law on public associations into line with international norms and standards. However he concludes that the practices outlined in the draft law appear to add supplementary bureaucratic obstacles and exacerbate negative perceptions of the role of associations (PR 15/10/2015). He recalls that the ability for associations to access funding and resources is an essential and vital part of the right to freedom of association (A/HRC/20/27, para 67).
The Special Rapporteur finally recalls the constructive dialogues during the mission he undertook in January 2015, and calls on the authorities to implement all the recommendations he put forward in his country visit report (A/HRC/29/25/Add.2). In this regard, he remains ready to provide any support the authorities may require to implement these recommendations.
Observations
Responses to communications
The Special Rapporteur wishes to thank the Government of Kazakhstan for responding to all the communications sent during this reporting period.
Regarding the case of Mr. Ermek Narymbaev, human rights defender and blogger, who was subjected to judicial harassment and charges related to the use of social media to incite national discord and insult the honour and dignity of the Kazakh nation, under article 174 (1) of the Criminal Code, the Special Rapporteur remains concerned that the charges are related to Mr. Narymbaev’s legitimate work in the field of human rights and his right to freedom of expression. The Special Rapporteur is additionally seriously concerned at the fact that Mr. Narymbaev was sentenced to three years of deprivation of liberty, including a prohibition on engaging in the activities of civil society organizations for five years. The Special Rapporteur takes note of the response of the Government stating that Mr Narymbaev’s Facebook post ‘contained elements inciting national discord and insulting the honour and dignity of the Kazakh nation’ but wishes to remind the Government that any restriction of freedom of expression should be compatible with the provisions of article 19 (3) of the ICCPR, ratified by Kazakhstan on 24 January 2006, and be, inter alia, proportionate. Given the fact that criminal proceedings against, and sentencing to deprivation of liberty of human rights defenders under the provisions of the Criminal Code for posts on social media platforms might have a significant chilling effect on the exercise of freedom of expression online in Kazakhstan, the Special Rapporteur questions the proportionality of these criminal charges. The Special Rapporteur remains concerned about authorities resorting to the criminalization of the right to freedom of expression on the Internet, and calls on the Government to respect and guarantee that right and ensure an enabling environment for human rights defenders to carry out their activities, online as well as offline, without fear of persecution.
Regarding the alleged arbitrary arrest, detention and criminal charges brought against protesters, human rights defenders and journalists for exercising their rights to freedom of peaceful assembly and of expression in the framework of a number of protests that took place from 24 April to 1 May 2016, the Special Rapporteur remains seriously concerned. The protesters criticized amendments introduced to the Land Code, which governs the rental of agricultural land to foreigners, increasing the maximum rental period to 25 years and authorizing transactions by auction. In response to these protests, approximately 90 individuals were arrested, interrogated, detained and criminally charged for their activities and their legitimate exercise of their rights to freedom of assembly and association, and the right to freedom of expression.
The human rights defenders, journalists and protestors arrested include: Mr. Max Bokayev (human rights defender from the human rights organization Arlan), Ms. Olga Klimonova (member of the human rights organisation the National Prevention Mechanism Against Torture), Ms. Alima Abdirova (member of the human rights organisations Ary Ana and the National Prevention Mechanism Against Torture), Mr. Galym Akulbekov (human rights defender), Mr. Maksat Ilyasuly (a member of the Antiheptyl movement and Blyalov), Mr. Galym Ageleuov (Director of the human rights organisation Liberty), Mr. Zhanbolat Mamay (a leader of the youth opposition movement Rukh Pen Til), Mr. Issatay Utepov and Mr. Baurzhan Alipkaliyev. The Special Rapporteur takes note of the Government’s response that the land reforms are part of Kazakhstan’s overall drive to modernize its economy, but remains concerned by the alleged arbitrary arrests of protesters, human rights defenders and journalists for legitimately exercising their rights to freedom of peaceful assembly and association, and freedom of expression. The Special Rapporteur expresses particular concern at the criminal charges brought against some protestors, human rights defenders and journalists for reporting on the issue in the interest of the public.
Regarding the prosecution against Mr. Max Bokayev and Mr. Talgat Ayan in connection with the above-mentioned protests, who were arrested on charges of ‘calling for a non-sanctioned meeting’, the mandate holder expresses concern that these charges may be directly related to their peaceful defence of land rights in Kazakhstan. The Special Rapporteur also notes with regret that on 20 January 2017, the Atyrau Regional Court reportedly upheld the decision to sentence Mr. Bokayev and Mr. Ayan to five years in prison. The Special Rapporteur notes the Government’s reply that that the persons in question were prosecuted for committing acts aimed at inciting social and ethnic hatred that are categorized as crimes against the peace and security of humanity under criminal law, but maintains his view that their sentencing appears to be in violation of articles 19, 21 and 22 of the ICCPR.
In the case of the investigation and harassment of the human rights non-governmental organization Kadyr-Kassyet (NGO Dignity), the Special Rapporteur is concerned that these actions are linked to the legitimate activities of the organization in defence of human rights, in particular their activities relating to protecting human rights defenders in the country. It is particularly worrisome that the investigation appears to be aimed at undermining the financial viability of the NGO and at curtailing and obstructing its work. The Special Rapporteur acknowledges receipt of the Government’s response dated 27 February 2017, which states that the tax audit of Kadyr-Kassyet’s financial situation by the State Revenue Committee was carried out in relation to a complaint filed by a private individual. While the Special Rapporteur acknowledges that unscheduled tax inspections are a legitimate means for States to ensure that the functioning of non-governmental organizations is in compliance with national law, they should not be used as indiscriminate tools to clamp down on civil society organizations expressing views or carrying out activities that may be contrary to that of the Government.
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
