Countering Extremism Vs. Freedom of Online Expression: the Case of Kazakhstan CAP Fellows Paper 201, January 2018

Countering Extremism vs. Freedom of Online Expression: The Case of Kazakhstan CAP Fellows Paper 201, January 2018 Anna Gussarova is director and co-founder of the the result of obvious opposition Central Asia Institute for Strategic Studies (www.caiss. activity by activists, who turned out to protest certain political expert). She previously served as a senior research fellow decisions, in other cases, at the Kazakhstan Institute for Strategic Studies under people broke the extremism law the President of the Republic of Kazakhstan, covering unknowingly. transnational and cyber security, violent extremism Though the state puts great and deradicalization issues. She graduated with a major effort into countering religious in American Studies and holds a master’s degree in extremism, the terminology Central Asian Security Studies. She is an alumna of the of the extremism law is vague and confusing. Are extremism European George C. Marshall Center for Security Studies and incitement of hatred (Garmisch-Partenkirchen, Germany), the Asia Pacific synonymous? Can violations Center for Security Studies (Honolulu, USA), and the of territorial integrity and Collective Security Treaty Organization (CSTO) Institute sovereignty be considered extremism, or are these crimes (Moscow, Russia). Among other things, she has taught connected to separatism? What courses on “Multilateral Diplomacy,” “International indicators for extremism or Terrorism” and “Cyber Technologies and Cyber Security” incitement of hatred should be incorporated into the law? Not at the German-Kazakh University in Almaty since 2012. only should the terminology of The series of terrorist attacks terrorism have led to a significant the law be improved, but public that took place in 2011, 2012 level of securitization within the information campaigns regarding and 2016 in Atyrau, Aktobe and country, in particular challenging it are needed to help citizens Almaty reveal Kazakhstan’s need freedom of online expression. better understand what the law to rethink its internal security prohibits and permits. Otherwise, policies. Strengthening the Since 2014, over 325 Kazakhstani it is likely that simple ignorance of legitimate use of force to ensure citizens have been accused of the content of the law will result domestic security is necessary, inciting national, racial, religious, in a growing number of people yet the state’s current approach and social hatred, receiving being arrested unnecessarily on also demonstrates a major shift prison sentences of between 2 and charges of inciting national or in the balance between citizens’ 7 years. Article 1 of the National religious hatred in the years to civil liberties and security, to Law on Countering Extremism come. the detriment of the former. of 2005 interprets incitement of Indeed, the Kazakh government’s hatred as extremism. Whereas The paper discusses the need efforts to counter extremism and in some cases the charges were to develop public information CAP Fellows Paper 201 1 campaigns that would educate the government to control that Law on Countering Kazakhstani citizens about expression.1 Leaving human Extremism extremism-related laws and rights rhetoric and debates aside, practices. I start by analyzing the it is necessary to examine existing Article 1 of the Law on Countering legal framework and discussing legislation and terminology in Extremism describes three types the vague terminology employed. order to get a sense of what people of extremism: political, national Next, taking real court cases as can be prosecuted for. and religious. (See Table 1.) examples, I show how the law is Though the document provides applied. Finally, I highlight some The Constitution of Kazakhstan definitions, these types remain popular perceptions of extremism guarantees freedom of vague. It is unclear whether in order to demonstrate ordinary expression,2 but this right is the term “incitement” refers people’s ignorance that they qualified by several laws and de to words, actions, or both; the might be transgressing the law. facto restricted. Two documents— meaning of the word itself is On the basis of these findings, I the Law on Countering Extremism obscure. Nevertheless, the law argue that educating people about and the Penal Code—address sends a clear message that calls extremism would increase their the limitations on freedom of for violence will be treated as knowledge on the subject, thereby expression in the name of state extremism even if physical helping bridge the gap between and societal security. The former actions do not necessarily follow. the law and its application. introduces terminology and outlines behaviors that are treated Threats to the country’s territorial Legal Provisions on as acts of extremism, while the integrity and sovereignty are Extremism in Kazakhstan latter addresses prosecution and considered one of the most its justifications. significant challenges to national The rise of social media has security. Yet this and other actions made it easier for individuals included in the broad category to express themselves online— of “political extremism”— and simultaneously harder for Table 1. Types of Extremism Political Extremism Violent change of the constitutional system; violation of the sovereignty and integrity of the state; undermining the national security and defense capability of the state; forcible seizure of power or forcible retention of power; creation of, leadership of, and participation in illegal paramilitary formations; organization of armed rebellion and participation therein; incitement of social or class hatred. National Extremism Incitement of racial, national, or tribal hatred, including actions related to violence or calls for violence. Religious Extremism Incitement of religious enmity or hatred, including actions related to violence or calls for violence, as well as any religious practices that threaten the safety, life, health, morals, or rights and freedoms of citizens. Source: Law on Countering Extremism, Kazakhstan (2005)3 CAP Fellows Paper 201 2 including actions against the consequences of the act. almost twice the figure recorded constitution and violent threats in 2015. Of these, 66 were sent to to national security—could also The vagueness of the terminology court,8 whereas the Kazakhstan be considered under many other used in this statement makes International Bureau for Human categories of crime, for instance enforcing Article 174 difficult. Rights and Rule of Law Public separatism. For all three types of In the case of online freedom Fund reported that 10 and 8 extremism, words are sufficient of expression, for instance, it is activists were prosecuted under for an accusation of incitement of difficult to determine an actor’s Article 174 in 2015 and 2014, hatred, making it easier to charge intentions and distinguish actions respectively.9 The figures even an individual with one of these from words. As such, the wording increased over the course of 2017: crimes. of Article 174 ought to be clarified. in January, local courts registered Indeed, Kazakhstani lawyers and 84 cases of incitement of hatred, Penal Code Provisions human rights activists made and 13 people were arrested,10 several attempts to abolish the whereas in September, the The penalty for the crimes law’s latest amendment in 2015, number of criminal cases reached described above is discussed in on the grounds that the wording 208.11 Overall, the Kazakhstani Kazakhstan’s Penal Code, Chapter was too vague, allowing the courts opened 1,039 Article 174 4, “Crimes against Peace and government to use the law on cases in 2017,12 compared to a Security,” Article 174, “Incitement a case-by-case basis to punish combined 131 in the 2008–2012 of Social, National, Racial, Class, opposition activists.5 period.13 or Religious Hatred.” It reads: The Kazakhstani government Starting in 2014, people in “Intentional actions, directed to pays special attention to calls for Kazakhstan were sporadically incitement of social, national, violation of the country’s territorial arrested for posting certain racial, class or religious hatred, integrity and sovereignty. content on social media, insult of the national honor and For instance, Kazakhstani in particular on Facebook, dignity or religious feelings of policymakers introduced VKontakte and Odnoklassniki. citizens, as well as propaganda new norms on separatism to These individuals were of exclusivity, superiority or the Penal Code following the prosecuted for inciting national, inferiority of citizens on the annexation of Crimea in 2014.6 racial, religious, class, and social grounds of their religion, class, In this regard, Kazakhstan is hatred. national, generic, or racial very much emulating Russia: assignment, if these actions are Russian President Vladimir Putin Aktobe resident Sanat Dossov committed publicly or with the increased the prison sentence for was sentenced to 3 years in prison use of mass media or information separatism from 3 to 5 years.7 for posting negative statements and communication networks, about Russian President Vladimir as well as by production or The Rise in the Number of Putin and his political course on distribution of literature or other People Arrested on Charges Facebook.14 Igor Chuprina from information media, promoting of Extremism Sokolovka village in northern social, national, generic, racial, Kazakhstan received a 5-and- class, or religious hatred, shall The number of cases of extremism a-half-year prison sentence for be punished with 2 to 7 years has

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