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To the President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel St
To the President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel st. 6, Government House 010000, Nur-Sultan Kazakhstan Rome, 25 November 2020 Your Excellency, As members of the Parliament of the Italian Republic, we wish to express our deep concern about the alarming deterioration of fundamental freedoms in Kazakhstan, in the hope that your government will take constructive steps to comply with its international obligations in the field of human rights. The testimonies of human rights defenders report a worrying increase in the number of political prisoners. 23 detainees have been wrongly convicted for legitimately expressing their views on social platforms or participating in peaceful demonstrations. We, therefore, believe that the following political prisoners should be immediately released: Maks Bokayev, Almat Zhumagulov, Kenzhebek Abishev, Aset Abishev, Yerzhan Yelshibayev, Aron Atabek, Ruslan Ginatullin, Igor Chuprina, Igor Sychev and Sanavar Zakirova. Unfortunately, the abuse of anti-extremism legislation by the Kazakhstani authorities is a well-known practice to the international community. The secret decision to ban the peaceful opposition movement "Koshe Partiyasy" (“Street Party” in English) does not fulfil the recommendations contained in the European Parliament’s 2019 urgent resolution1 and in the appeals of the Parliamentary Assembly of the Council of Europe2 and of the UN Special Rapporteur, Fionnuala Ní Aoláin.3 Human rights organisations report that more than 177,000 members of the “Koshe Partiyasy” Telegram chat are at risk of imprisonment because of their support of the movement.4 Already 200 people were interrogated for their support of the "Koshe Partiyasy" and of another peaceful movement, the "Democratic Choice for Kazakhstan" (DCK). -
To: the President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel St
To: The President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel st. 6, Government House 010000, Nur-Sultan Kazakhstan [email protected] Brussels, 16 October 2020 Your Excellency, As Members of the European Parliament, we would like to draw your attention to the fact that since the adoption of the European Parliament’s 2019 urgent resolution on Kazakhstan,1 the human rights situation has not improved but has, in fact, deteriorated. Firstly, we would like to put the spotlight on the alarming information about the death of three activists, namely Dulat Agadil,2 Amanbike Meirkhanova and Serik Orazov, who fell victim to politically motivated persecution by law enforcement agencies in Kazakhstan multiple times. We regret to have learned that the family members of Dulat Agadil - the activist who died in a Kazakhstani pre-trial detention facility on February 25, 2020, during the visit of a European Parliament delegation to your country - are now under unprecedented pressure. It is widely known that the authorities are harassing the family for demanding an impartial investigation into his death and calling for an end to the impunity of those responsible for his political persecution, torture and denial of medical aid in the pre-trial detention facility. Much more effort is needed to fully investigate the circumstances of these three deaths, starting with the full access and disclosure of the criminal files to the families of the victims and their lawyers.3 Secondly, we deplore the alarming rise of the number of political persecution cases recorded by activists on the ground. -
Members of European Parliament the President of the Republic of Kazakhstan H.E
Members of European Parliament The President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel st. 6, Government House 010000, Nur-Sultan - Kazakhstan Brussels, 16 October 2020 Your Excellency, We, Members of the European Parliament, are writing to you to express our deep concern about the authorities’ backlash against human rights in your country. In particular, we wish to emphasise that the government's proclaimed intention of making Kazakhstan a 'listening state'1 - eager to respond to the citizens' needs - does not correspond to the deteriorating human rights situation routinely reported by international and local NGOs. We are appalled by the death of three activists, namely Dulat Agadil,2 Amanbike Meirkhanova and Serik Orazov, whose political activism was well known to Kazakhstani and international human rights watchdogs. In many instances, Kazakhstani law enforcement agencies pressured and persecuted them on political grounds. Now, the authorities are intimidating the family members of Dulat Agadil, a blogger and civil society activist who was found dead in a Kazakhstani pre-trial detention facility, which coincided with the very first day of a visit of a European Parliament delegation in February 2020. We believe that the requests that Dulat Agadil’s closest relatives have put forward deserve serious consideration. These requests are: carrying out an impartial investigation into his death and bringing to justice those responsible for the ill-treatment and torture of the blogger. Every possible step must be taken to carry out an effective and transparent investigation into these deaths, deliver justice to the victims and their families and grant them full access to the criminal files.3 Moreover, we regret that, from 30 July to 27 September 2020, more than 200 cases of political persecution,4 including 39 criminal cases,5 have been initiated against those activists who paid tribute to Dulat Agadil. -
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The Open Dialogue Foundation was established in Poland in 2009 on the initiative of Ukrainian student and civic activist Lyudmyla Kozlovska (who currently serves as President of the Foundation). Since its founding, statutory objectives of the Foundation include the protection of human rights, democracy and the rule of law in the post- Soviet area. In July 2017 area of interest of the Foundation was expanded due to the rapidly deteriorating situation in Poland and other EU member states affected by illiberal policies implemented by their populist governments. The Foundation has its permanent representations in Brussels, Warsaw and Kyiv. Website: https://odfoundation.eu/ ; e-mail: [email protected] Twitter: @ODFoundation The Italian Federation for Human Rights (Federazione Italiana Diritti Umani - FIDU) is active since 1987 as Italian Helsinki Committee. FIDU promotes the protection of human rights as enshrined in the Universal Declaration of Human Rights of 1948, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 1966, the Helsinki Final Act of the Conference on Security and Cooperation in Europe of 1975, the Charter of Fundamental Rights of the European Union of 2007 and in other relevant international documents. Website: https://fidu.it/ ; e-mail: [email protected] Human Rights Protection Foundation Qaharman – a Kazakhstani human rights organisation which was established for the purpose of protecting fundamental human rights in Kazakhstan, in particular, the right to peaceful assembly, right to a fair trial, and right to participation in the management of state affairs, as well as freedom of speech and dissemination of information. -
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The Open Dialogue Foundation was established in Poland in 2009 on the initiative of Ukrainian student and civic activist Lyudmyla Kozlovska (who currently serves as President of the Foundation). Since its founding, statutory objectives of the Foundation include the protection of human rights, democracy and the rule of law in the post- Soviet area. In July 2017 area of interest of the Foundation was expanded due to the rapidly deteriorating situation in Poland and other EU member states affected by illiberal policies implemented by their populist governments. The Foundation has its permanent representations in Brussels, Warsaw and Kyiv. Website: https://odfoundation.eu/ ; e-mail: [email protected] Twitter: @ODFoundation Human Rights Protection Foundation Qaharman – a Kazakhstani human rights organisation which was established for the purpose of protecting fundamental human rights in Kazakhstan, in particular, the right to peaceful assembly, right to a fair trial, and right to participation in the management of state affairs, as well as freedom of speech and dissemination of information. As a public initiative, Qaharman began its activities in Kazakhstan in 2019, and in February 2020, it was officially registered. One of its leaders is Dana Zhanay. Qaharman activists monitor politically motivated trials and the right to peaceful assembly. Twitter: @qaharman_kz ; e-mail: [email protected] The human rights movement ‘405’ is a public initiative founded in 2019. One of its leaders is Anna Shukeyeva. The main goal of the movement is to protect participants of peaceful assemblies and bloggers who are subject to political prosecution under Article 405 of the Criminal Code of Kazakhstan (“participation in the activities of the organisation after its recognition as extremist”). -
Kazakhstan 2020 Human Rights Report
KAZAKHSTAN 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Republic of Kazakhstan’s government and constitution concentrate power in the presidency. Kassym-Jomart Tokayev became president after June 2019 elections that were marked, according to an observation mission by the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights, by election day violations, including ballot stuffing and falsification of vote counts; restrictions on the freedoms of assembly, expression, and association; and “scant respect for democratic standards” overall. Former president Nursultan Nazarbayev enjoys broad, lifetime legal authority over a range of government functions. The executive branch controls the legislature and the judiciary, as well as regional and local governments. Changes or amendments to the constitution require presidential consent. On August 12, in the country’s only national election during the year, the legislatures of oblasts and cities of national significance chose 17 of 49 senators for parliament’s upper house in an indirect election tightly controlled by local governors working in coordination with the presidential administration. The Ministry of Internal Affairs supervises the national police force, which has primary responsibility for internal security. The Committee for National Security also oversees internal and border security, as well as national security, antiterrorism efforts, and the investigation and interdiction of illegal or unregistered groups, such as extremist groups, military groups, political parties, religious groups, and trade unions. The committee reports directly to the president, and its chairman sits on the Security Council, chaired by former president Nazarbayev. Civilian authorities maintained effective control over the security forces. Security forces committed abuses. -
2020 Human Rights Report
KAZAKHSTAN 2020 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY The Republic of Kazakhstan’s government and constitution concentrate power in the presidency. Kassym-Jomart Tokayev became president after June 2019 elections that were marked, according to an observation mission by the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights, by election day violations, including ballot stuffing and falsification of vote counts; restrictions on the freedoms of assembly, expression, and association; and “scant respect for democratic standards” overall. Former president Nursultan Nazarbayev enjoys broad, lifetime legal authority over a range of government functions. The executive branch controls the legislature and the judiciary, as well as regional and local governments. Changes or amendments to the constitution require presidential consent. On August 12, in the country’s only national election during the year, the legislatures of oblasts and cities of national significance chose 17 of 49 senators for parliament’s upper house in an indirect election tightly controlled by local governors working in coordination with the presidential administration. The Ministry of Internal Affairs supervises the national police force, which has primary responsibility for internal security. The Committee for National Security also oversees internal and border security, as well as national security, antiterrorism efforts, and the investigation and interdiction of illegal or unregistered groups, such as extremist groups, military groups, political parties, religious groups, and trade unions. The committee reports directly to the president, and its chairman sits on the Security Council, chaired by former president Nazarbayev. Civilian authorities maintained effective control over the security forces. Security forces committed abuses. -
Political Prisoners and Political Persecutions in the Republic of Kazakhstan» 2019 Report
«POLITICAL PRISONERS AND POLITICAL PERSECUTIONS IN THE REPUBLIC OF KAZAKHSTAN» 2019 REPORT CONTENTS POLITICAL PRISONERS PERSECUTIONS FOR RELIGIOUS BELIEFS REFUGEES FROM THE PEOPLE’S REPUBLIC OF CHINA “THE LISTS OF EXTREMISTS” THE RIGHT TO FREEDOM OF EXPRESSION THE RIGHT TO INTERNET ACCESS THE OBSTRUCTION OF THE PROFESSIONAL ACTIVITY OF JOUR- NALISTS THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY THE RIGHT TO FREEDOM OF ASSOCIATION THE RIGHT NOT TO BE SUBJECTED TO TORTURE AND CRUEL TREATMENT TORTURE THROUGH FAILURE TO PROVIDE ADEQUATE MEDICAL CARE MASS TORTURE OF INMATES IN PRISONS SUMMARY RECOMMENDATIONS POLITICAL PRISONERS 1. In 2019 there were 24 people on the list of political prisoners. 11 of them were re- leased this year: Ablovas Dzhumayev (on parole), Saken Tulbayev (full sentence served), Yaroslav Golyshkin (pardoned by the President Kassym-Jomart Tokayev), Makhambet Abzhan (on parole), Iskander Yerimbetov (due to health condition); and Oksana Shevchuk, Gulzipa Dzhaukerova, Zhazira Demeuova, Anuar Ashiraliyev, Serik Zhakhin and Bolatkhan Zhunusov, who were convicted for participating in the “Democratic Choice of Kazakhstan” (DCK), an organisation recognised as “extremist” by court. At the end of 2019, 15 people had the status of political prisoners: 2. Maks Bokayev — sentenced to 5 years in prison, a human rights defender and a civil activist from Atyrau. In April 2016 Bokayev was a participant of peaceful protests against amendments to the Land Code. He was accused of “inciting social discord” (Article 174 of the Criminal Code), “dissemination of knowingly false information” (Article 274 of the Criminal Code) and “violation of the procedure of organisation and holding of protests, rallies, pickets, street processions and demonstrations” (Article 400 of the Criminal Code). -
Report on Monitoring of the Right to Freedom of Peaceful Assembly in the Republic of Kazakhstan in 2018 - 2020
REPORT ON MONITORING OF THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY IN THE REPUBLIC OF KAZAKHSTAN IN 2018 - 2020 Kazakhstan International Bureau for Human Rights and the Rule of Law 1 December 2020 г. TABLE OF CONTENTS RESUME 4 INTRODUCTION 5 1. LEGAL CONTEXT OF EXERCISING THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY IN THE REPUBLIC OF KAZAKHSTAN 8 2. PRACTICE OF REGULATING PEACEFUL ASSEMBLY IN THE REPUBLIC OF KAZAKHSTAN 59 3. GENERAL RECOMMENDATIONS 125 This publication was released as part of the project "Preparation, publication and dissemination of a report on the situation with the right to peaceful assembly in 2018-the first half of 2020" with the financial / expert support of the Soros Foundation-Kazakhstan. The content of this publication reflects the point of view of the authors and does not necessarily coincide with the point of view of the Foundation 2 8 1.1. Republic of Kazakhstan and international law 10 1.2. Fundamental international standards to guarantee the right to freedom of peaceful assembly 13 1.2.1. Basic guiding principles regarding the right to freedom of peaceful assembly 14 1.2.2. Definition of assembly 15 1.2.3. Subjects of the right to peaceful assembly 15 1.2.4. Notification or authorization 17 1.2.5. Place and time of peaceful assemblies 19 1.2.6. Planning and publicizing of an assembly 19 1.2.7. Journalists and monitors 21 1.2.8. Restrictions on the right of peaceful assembly, use of force 27 1.2.9. The liability of organizers and participants of peaceful assemblies 28 1.3. -
Here Were 24 People on the List of Political Prisoners
POLITICAL PRISONERS AND POLITICAL PERSECUTIONS IN THE RK 2019 REPORT CONTENTS POLITICAL PRISONERS ..............................................................................................................2 PERSECUTIONS FOR RELIGIOUS BELIEFS .........................................................................6 REFUGEES FROM THE PEOPLE’S REPUBLIC OF CHINA .....................................................7 “THE LISTS OF EXTREMISTS” ...........................................................................................8 THE RIGHT TO FREEDOM OF EXPRESSION ...............................................................................9 THE RIGHT TO INTERNET ACCESS ..................................................................................11 THE OBSTRUCTION OF THE PROFESSIONAL ACTIVITY OF JOURNALISTS .......................12 THE RIGHT TO FREEDOM OF PEACEFUL ASSEMBLY ..............................................................14 THE RIGHT TO FREEDOM OF ASSOCIATION ...........................................................................22 THE RIGHT NOT TO BE SUBJECTED TO TORTURE AND ILL-TREATMENT ................................24 TORTURE THROUGH FAILURE TO PROVIDE ..................................................................25 ADEQUATE MEDICAL CARE ............................................................................................25 MASS TORTURE OF INMATES IN PRISONS .....................................................................26 SUMMARY ...............................................................................................................................27 -
The-Toll-Of-COVID-19-On-Human
Drafted by: The Open Dialogue Foundation (ODF) was established in Poland in 2009 on the initiative of Ukrainian student and civic activist Lyudmyla Kozlovska (who currently serves as President of the Foundation). Since its founding, statutory objectives of the Foundation include the protection of human rights, democracy and the rule of law in the post-Soviet area. In July 2017, the area of interest of the Foundation was expanded due to the rapidly deteriorating situation in Poland and other EU member states affected by illiberal policies implemented by their populist governments. The Foundation has its permanent representations in Brussels, Warsaw and Kyiv. Website: https://en.odfoundation.eu/; e-mail: [email protected] Twitter: @ODFoundation The Italian Federation for Human Rights (Federazione Italiana Diritti Umani - FIDU) has been active since 1987 as the Italian Helsinki Committee. FIDU promotes the protection of human rights as enshrined in the Universal Declaration of Human Rights of 1948, the European Convention for the Protection of Human Rights and Fundamental Freedoms of 1950, the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights of 1966, the Helsinki Final Act of the Conference on Security and Cooperation in Europe of 1975, the Charter of Fundamental Rights of the European Union of 2007 and in other relevant international documents. Website: https://fidu.it/; e-mail: [email protected] Twitter: @FedDirittiUmani In collaboration with: The Arrested -
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1 The Open Dialogue Foundation was established in Poland in 2009 on the initiative of Ukrainian student and civic activist Lyudmyla Kozlovska (who currently serves as President of the Foundation). Since its founding, statutory objectives of the Foundation include the protection of human rights, democracy and the rule of law in the post-Soviet area. In July 2017 area of interest of the Foundation was expanded due to the rapidly deteriorating situation in Poland and other EU member states affected by illiberal policies implemented by their populist governments. The Foundation has its permanent representations in Brussels, Warsaw and Kyiv. Website: https://en.odfoundation.eu/; e-mail: [email protected] Twitter: @ODFoundation Human Rights Protection Foundation Qaharman – a Kazakhstani human rights organisation which was established for the purpose of protecting fundamental human rights in Kazakhstan, in particular, the right to peaceful assembly, right to a fair trial, and right to participation in the management of state affairs, as well as freedom of speech and dissemination of information. As a public initiative, Qaharman began its activities in Kazakhstan in 2019, and in February 2020, it was officially registered. One of its leaders is Dana Zhanay. Qaharman activists monitor politically motivated trials and the right to peaceful assembly. Twitter: @qaharman_kz ; e-mail: [email protected] The human rights movement ‘405’ is a public initiative founded in 2019. One of its leaders is Anna Shukeyeva. The main goal of the movement is to protect participants of peaceful assemblies and bloggers who are subject to political prosecution under Article 405 of the Criminal Code of Kazakhstan (“participation in the activities of the organisation after its recognition as extremist”).