Wave of political repression: witch hunts for activists, marred elections and scores of arrests

This report covers developments on the freedoms of expression, association and peaceful assembly in Kazakhstan from July 2020 to January 2021. It was prepared for the CIVICUS Monitor by the International Partnership for Human Rights (IPHR) and the Kazakhstan International Bureau of Human Rights and Rule of Law (KIBHR) based on KIBHR’s monitoring of the situation in the country.

Events during this reporting period form part of the strongest wave of politically motivated repression in Kazakhstan since the aftermath of the 2011 events in Zhanaozen. Over 30 people were detained and are currently in custody across the country in retaliation for their peaceful exercise of the freedoms of expression, association and assembly. On top of that, at least 50 people detained for exercising their freedoms have been sentenced to prison, and around 250 have been summoned for interrogation as suspects and witnesses in criminal cases initiated in this context. Most of these people have been charged with participating in a banned extremist organisation under Article 405 of the Kazakhstani Criminal Code, a provision that the authorities use to target individuals associated with the opposition Democratic Choice of Kazakhstan (DVK) and Street Party movements. Both movements have been banned and labelled as extremist organisations by a court.

In the reporting period, we also documented a problematic trend regarding the conviction of citizens holding single pickets. Since the law on peaceful assembly was amended in May 2020, the vague wording of the legislation, it establishes a de facto permission regime from the authorities prior to holding a demonstration, even when holding single pickets.

On 10th January 2021, Kazakhstan held parliamentary and local council elections. Voters were faced with a limited selection of candidates, and the elections took place against a background of a lack of genuine political competition, with the ruling Nur Otan party dominating political life and opposition parties not being able to run. Prior to and during the elections, the Kazakhstani authorities took steps to prevent independent election observers from monitoring what was happening at polling stations. During the elections, the Kazakhstani authorities violated the right to free and fair elections and infringed fundamental rights and freedoms of citizens in violation of their obligations under international law. These actions included detaining dozens of peaceful activists and protestors, as well as “kettling” protestors for several hours on election day in sub-zero temperatures, resulting in at least two people being hospitalised with frostbite. (Kettling is a police tactic for control of large crowds and involves cordons of police officers who contain protestors in a small area and do not let them leave).