KAZAKHSTAN: The List of Political Prisoners and Other Victims of Political Persecutions

Disclaimer: This brief contains lists of political prisoners, victims of torture and mass shooting in January 2022, victims of political persecution, including Kazakhstani human rights defenders, and Karakalpakstani civil activists (at risk of extradition to Uzbekistan) – identified by human rights defenders. The lists are not exhaustive. The information provided in this brief has been collected with the help of Kazakhstani human rights defenders. The brief is also based on the data provided by victims of torture and mass shooting, their relatives and lawyers, and on the news published by local and international media outlets. Although the authors have put all efforts to collect the most up-to-date and accurate data, the lists are not extensive due to the fact that the authorities of Kazakhstan limit access to information to human rights defenders and persecute human rights defenders, lawyers, victims of torture and mass shooting (as well their relatives) who publicly speak about human rights violations.

SUMMARY

Human rights situation is deteriorating rapidly in Kazakhstan. This rise in political repression, unprecedented in Kazakhstan’s modern history, is associated with mass shooting and torture during and after the mass peaceful protests in January 2022 as well as with a ban on the peaceful opposition movements Democratic Choice of Kazakhstan (DCK) and “Koshe Partiyasy”.

• There are 105 political prisoners in Kazakhstan [In August 2022, there were at least 140 political prisoners. The number has decreased to 105 because some people were unjustly convicted to restriction of freedom, while some have been released after international pressure (from the European Parliament, PACE, and other institutions). However, they are still being prosecuted and need help – edit.].
• At least 17 human rights defenders are being subjected to political persecution.
• More than 10,000 people were subjected to arbitrary detention during the January events. There is reason to believe that most of them were tortured or ill-treated after their detention.

At the beginning of 2022, tragic events took place in Kazakhstan. In response to the demands for genuine political reforms, peaceful protesters were labelled as “terrorists” by the Kazakhstani authorities. President Tokayev gave the order “to shoot to kill without warning” at the protesters. At least 238 people (including children) were killed because of the violent dispersal of peaceful protests across the country. The authorities have not yet provided full information on those who died during the January events, disclosing only their surnames. Human rights defenders claim that some of the data do not match theirs, which may indicate a higher number of victims.

Despite the call from the European Parliament, Kazakhstani and international human rights organisations, the Kazakhstani authorities publicly refused to ensure an international investigation into the matter. The lack of proper international control over the investigation of the January events allowed the authorities of Kazakhstan to launch a large-scale crackdown on peaceful protesters, civilians arrested during the protests as well as human rights defenders and journalists who have documented human rights violations and violations of the right to peaceful assembly.

According to the Kazakhstani authorities, as of the end of September 2022 at least 1035 people were convicted in cases related to the January events, 93 of them received real prison terms, 930 were given suspended sentences and are on probation now. About 400 more people are under investigation. Among those convicted are human rights activist Lyazzat Dosmambetova, activists Zhanmurat Ashtayev and Kairat Sultanbek. The Kazakhstani authorities also politically persecute members of the legal community. For example, the authorities are exerting pressure and attempting to revoke the licence of Murat Zholshiyev, a lawyer from the city of Shymkent who defends victims of torture during the January events.

The authorities have accused peaceful protesters killed by the authorities of “terrorism” and “mass disorders”. According to the authorities, 149 of the 238 killed peaceful civilians were allegedly involved in attacks on government buildings. In accordance with Kazakhstani law, “attacking or seizing buildings, structures or facilities” is a “terrorist offence”. Based on the information from human rights organisation “Ar. Rukh. Khak.”, there are at least 33 known cases in which protesters have been posthumously charged with “attacking buildings”. That is, they have been posthumously accused of “terrorism”.

The efforts of the investigative authorities are directed against peaceful protesters and witnesses of the January events, while criminal actions by law enforcement agencies and the army are not properly investigated. The authorities have reported that criminal cases have been opened against 49 police and law enforcement officers. However, there is no guarantee that these cases will reach court and result in convictions. As of 20 October 2022, not a single law enforcement officer was brought to real responsibility for the torture of detainees, while according to various estimates, from 6 to 8 people died as a result of torture during January events.

According to a study by the human rights organisation Kazakhstan International Bureau for Human Rights which interviewed detainees in connection with the January events, 71% of them had been tortured. In 83% of cases, lawyers filed complaints of torture and only 18% of cases succeeded in obtaining the status of torture victim or the detention of a torture suspect. More than 10,000 thousand people were detained during the January events. According to the Kazakhstan NGO Coalition against Torture, their organisation received 188 complaints of torture. In 72 cases, law enforcement agencies closed the torture case and only two cases went to trial. In the remaining cases, investigations are allegedly ongoing.

In May 2022, the Anti-Corruption Agency of the Republic of Kazakhstan reported that 279 criminal cases were opened on allegations of torture. However, as of July 2022, only 15 law enforcement officials had been identified as suspects on charges of “abuse of power” or “torture”, nine of whom had been detained. Practice shows that investigative authorities close torture cases ostensibly due to lack of corpus delicti. One example is the case of political prisoner Kosay Makhanbayev, who was subjected to torture during the January events. The torture case was closed without an objective and transparent investigation and police officers managed to go unpunished.

On 1 September 2022, President Tokayev announced an amnesty for participants in January peaceful protests. Tokayev stressed that the amnesty would not extend to “organisers of mass disorders”. Human rights defenders Yevgeniy Zhovtis, Bakhytzhan Toregozhina and “ActivistsNotExtremists” human rights coalition expressed concern that most peaceful demonstrators, human rights defenders and civil activists will not be able to benefit from the amnesty because they are facing charges under “extremist” articles. Moreover, the amnesty does not acquit those convicted and therefore does not imply their rehabilitation [1], [2], [3].

According to the draft amnesty law, persons who have committed minor and moderate crimes may be exempted from criminal responsibility. In addition, they must admit their guilt and repent. It is worth noting that amnesty will be granted not only to protesters but also to law enforcement officers. According to the draft law, amnesty will be granted to persons who committed murder “committed upon the use of excessive force in self-defence” (Article 102 of the Criminal Code), “committed upon the excess of measures, necessary for the detention of a person, committed a crime” (Article 103 of the Criminal Code) and in cases of “causing death by negligence” (Article 104 of the Criminal Code). There is a risk that charges against the majority of law enforcement officers will be reclassified under these articles and they will fall under amnesty. The Kazakhstani authorities state that only one police officer may qualify for the amnesty. At the same time, according to the Deputy Prosecutor General Aset Chindaliev, “not a single crime of the police has been qualified as a deliberate act”. This creates the preconditions for amnesty for the police.

Activists from Karakalpakstan, who have been accused by the Uzbek authorities of “encroaching on the constitutional order of the Republic of Uzbekistan”, are being prosecuted in Kazakhstan. The activists are being prosecuted in connection with mass peaceful protests that were violently suppressed by the Uzbek authorities in Karakalpakstan in July 2022. At least four activists are known to have been detained in Kazakhstan – Raisa Khudaibergenova, Koshkarbai Toremuratov, Zhangeldy Dzhaksymbekov and Ziuar Mirmanbetova. Another activist, Niyetbay Urazbayev, chairman of the Karakalpak ethnocultural association in Aktau, was put on an international wanted list by Uzbekistan. He has now been summoned to the police in Kazakhstan. There is a threat that Kazakhstan will hand over all prosecuted activists to Uzbekistan. Ethnic Kazakh from China Saltanat Kusmankyzy and Shaden Karibayev (he has a disability) have been sentenced to long-term imprisonment for their anticorruption activism [1], [2].

The investigation into the mass shooting and torture of peaceful people in January 2022 has yet to assess the actions of Kazakhstan’s top leadership, including President Tokayev, who gave the order to shoot at the peaceful people, including peaceful protesters. The use of force by the authorities was not proportionate to the level of threats made by the protesters. This also applies to the decision to deploy the Russian-led CSTO (Collective Security Treaty Organisation) troops into Kazakhstan.  The role of the involvement of the military of the Collective Security Treaty Organisation (CSTO), at the request of the Kazakh authorities, in suppressing the protests also has not been investigated. The Kazakh authorities have no interest in conducting an objective and comprehensive investigation into the January events.

The international community cannot allow Kazakhstani authorities to once again, following the Zhanaozen tragedy in 2011, fabricate the results of the investigation, and those responsible for crimes against humanity remain unpunished. It is crucial to continue exerting pressure on the authorities to conduct independent international investigation for January 2022 events in Kazakhstan. Independent international experts should be involved in this process so that the investigation is transparent and objective.

We call on the United States, the European Union, the United Kingdom, Canada and other democratic states to support the call of the January 2022 European Parliament resolution on Kazakhstan and of four senators of US Senate Foreign Affairs Committee for an independent international investigation of the mass shooting and torture in Kazakhstan in the January events 2022.

We also call to support the call of the European Parliament for personal sanctions against high-ranking officials of Kazakhstan for grave violations of human rights, and for more active support of civil society and opposition of Kazakhstan.

ATTACHMENT: POLITICAL PRISONERS AND OTHER VICTIMS OF THE POLITICAL PERSECUTIONS

1. The list of political prisoners not connected with the January 2022 events

In pre-trial detention:

1. Mendygaziyev Bekizhan
2. Ashirbekov Karasai
3. Khudaibergenova Raisa (at risk of extradition to Uzbekistan)
4. Toremuratov Koshkarbai (at risk of extradition to Uzbekistan)
5. Dzhaksymbekov Zhangeldy (at risk of extradition to Uzbekistan)
6. Mirmanbetova Ziuar (at risk of extradition to Uzbekistan)

The following individuals convicted to prison terms:

1. Yelshibayev Yerzhan 
2. Kusmankyzy Saltanat
3. Jussupov Baurzhan
4. Dauletiyarova Nataliya
5. Batkayev Rinat
6. Amirov Erulan 
7. Narymbayev Yermek
8. Kibirov Shukhrat
9. Namazbayev Danat
10. Karibayev Shaden

2. The list of political prisoners connected with the January 2022 events

3. The following individuals identified by human rights defenders have been politically persecuted in connection to the mass repressions and shootings following peaceful protests in January 2022 and were placed in the pre-trial detention facilities across the country. Their current whereabouts are unknown due to the fact that the investigation is not transparent and access to information to human rights defenders is limited.

1. Abdumanap Yerbolsyn
2. Abenov Damir
3. Aituov Adilkhan
4. Aldes Bakhytzhan
5. Alikhanuly Alibek
6. Anukhanov Amirbe
7. Asetbek Kudaibergen
8. Asetbek Nurlybek
9. Azhniyazov Yernur
10. Babenko Alexander
11. Bozhen Asylkhan
12. Borlybay Yerbol
13. Dauletzhanov Syrym
14. Embergenov Yergali
15. Isayev Dastan
16. Yemelyanov Vasiliy 
17. Yerengaiyp Yerlan
18. Yernazarov Temirlan
19. Yerzhan Bekzat
20. Yerzhan Nurshat
21. Zholdasov Sagat
22. Ikhasov Nurmukhan
23. Kasymkhan Kuandyk
24. Kenzhebay Duman
25. Mukhit Nurbek
26. Myrza Galym
27. Nurganov Amirkhan
28. Nurzhanov Aidyn
29. Raimov Yerbol
30. Rysbek Azil
31. Sadykov Daniyar
32. Salkhanov Sarkyt
33. Sarsenbekov Dias
34. Smagulov Daulet
35. Smorchkov Anton
36. Tokanov Arman
37. Tokenov Yersultan
38. Toktarov Daulet
39. Tolegenov Aidos
40. Torekhan Akhat
41. Turdaliyev Dinmukhammed
42. Shalkharov Meirambek
43. Zharakhmetov Zhardarbek

4. The list of human rights defenders subject to political persecution

1. Mukhambetova Saule
2. Imangaliyeva Bibigul
3. Kaluova Nurgul
4. Zhamaliyev Zhanat
5. Sadyrbayeva Raigul
6. Isenova Aliya
7. Khassenov Daniyar
8. Tuxikova Altynai
9. Zhanay Dana
10. Nurusheva Alma
11. Turdiyeva Ulbolsyn
12. Sadvakasova Aiya
13. Musayeva Roza
14. Mendygaziyev Barlyk
15. Dzhanzakova Sholpan
16. Toregozhina Bakytzhan
17. Bekkulova Shalipa

5. List of civilians killed in January, including participants of peaceful protests, posthumously prosecuted on “terrorist” charges under Article 269 (“seizure of administrative buildings”) and Article 272 (“organisation and participation in mass disorders”)

1. Abramov Aibek
2. Abubakirov Kozhantai
3. Dauletkazy Agyzam
4. Aliyev Aitbay
5. Arystankulov Turar
6. Aubakirov  Kanat
7. Bayzhanov Yerzhan
8. Zhotabayev Zhandos
9. Kanapiya Olzhas
10. Kasymzhanov Nurbolat
11. Kerimov Serik
12. Kebekbayev Yermek
13. Koishmanov Zhomart
14. Kopzhanov Askar
15. Korober Vadim
16. Kumisbayev Amirkhan
17. Kanatbek Duman
18. Lezhanov Serik
19. Makhatay Abylay
20. Musabekov Marat
21. Omarov Farkhat
22. Onaltayev Bagdad
23. Opushiyev Andrey
24. Oshakbay Toktar
25. Pirmanov Darkhan
26. Pirzada Bekzat
27. Rakhmetkaliyev Zhanybek
28. Rysbekov Raiys
29. Skendir Yerkebolan
30. Talasbayev Kanat
31. Tastanbekov Shyngys
32. Tokay Kurmanali
33. Shyngysov Yerlan