Repeated statements about the physical and mental abuse during the investigations, as well as the course and the outcome of the proceedings in cases related to events of the 16th and 17th December, 2011, in Zhanaozen, put a big question mark over the objectivity and fairness of the Kazakh judicial system, as well as over the Kazakh authorities’ assurances of compliance with international standards and obligations.
The Republic of Kazakhstan, as a member of many international organizations, has undertaken a number of obligations in the area of protection of human rights and freedoms, to which it currently does not adhere. In particular, on January 24th, 2006, Kazakhstan ratified the International Covenant on Civil and Political Rights (ICCPR) and the First Additional Protocol – on the 30th of June 2009. Given the nature of the breaches identified in the course of court proceedings, one can say that the Republic of Kazakhstan does not adhere to the following articles of the ICCPR:
Art. 6 – right to life;
Art. 7 – freedom from torture and ill-treatment;
Art. 9 – freedom from arbitrary detention and security of person;
Art. 10 – the right to humane treatment of persons in custody or in prison;
Art. 14 – right to a fair trial.
Also, Kazakhstan acceded to the Convention against Torture on March 26th, 1998 and ratified the First Additional Protocol on October 22nd, 2008, thus recognizing the jurisdiction of the Committee against Torture and Subcommittee for the Prevention of Torture. According to Article 22 of the Convention against Torture, a person under the jurisdiction of the State party that recognizes the competence of the Committee against Torture has the right of individual petition in the case of torture, cruel or inhuman treatment or punishment applied against this person by the authorities of that State. Additionally, the States that have signed and ratified the First Additional Protocol to the Convention against Torture com-mitted themselves to establishing a national mechanism to prevent torture, cruel or inhuman treatment or punishment.
At this point, it can be firmly stated that Kazakhstan has systematically ignored its obligations to protect human rights and freedoms.
