1. Introduction
Thus far, more than 42 cases of politically motivated criminal prosecution have been registered in Kazakhstan. 18 political prisoners are being held in prisons and detention facilities:- Maks Bokayev, Mukhtar Dzhakishev, Aron Atabek, Ablovas Dzhumayev, Kenzhebek Abishev, Almat Zhumagulov, Muratbek Tungishbayev, Aset Abishev, Iskander Yerimbetov, Yaroslav Golyshkin, Sanat Bukenov, Makhambet Abzhan, Sanat Dosov, Ruslan Ginatullin, Igor Chuprina, Igor Sychev, Muratkhan Tokmadi, Saken Tulbayev.
- Olesya Khalabuzar, Alima Abdirova, Bolatbek Blyalov, Larisa Kharkova, Zhanbolat Mamay, Amangeldy Batyrbekov, Bigeldy Gabdullin, Aset Nurzhaubay, Farit Ishmukhametov, Azat Ibrayev, Arman Alakayev, Bakiza Khalelova, Muratbek Argynbekov.
- Ardak Ashim and Natalia Ulasik.
- Zhanara Akhmetova, Tatiana Paraskevich, the Khrapunov family (Viktor, Leila and Ilyas Khrapunov, etc.).
- Ablovas Dzhumayev was sentenced to 3 years’ imprisonment for criticising the authorities on social networks and supporting the opposition movement ‘Democratic Choice of Kazakhstan’ (DCK).
- Iskander Yerimbetov was sentenced to 7 years’ imprisonment. Authorities subjected Yerimbetov to illegal prosecution in order to force his sister, lawyer Botagoz Jardemalie, to return to Kazakhstan and ‘cooperate with the investigation bodies’ in the case against oppositionist Mukhtar Ablyazov.
- Kenzhebek Abishev, Almat Zhumagulov, Muratbek Tungishbayev, and Aset Abishev, who have been accused of posting on social networks, comments in support of the DCK opposition movement and ‘creating a negative image of the authorities’. They are being prosecuted on the basis of a decision of a Kazakhstan court, which ruled in March 2018 that the DCK ‘encourages political disobedience’ and is ‘extremist’.
- Aigul Akberdiyeva, Zhenis Bisengaziyev, and Evgeniy Kravets who have been accused of supporting the opposition movement DCK and criticising the authorities on social networks.
- Human rights activist Elena Semenova, who, at meetings with members of the European Parliament, spoke about incidents of mass cruel torture of prisoners in Kazakhstan. With regard to these statements, the Kazakhstani authorities initiated a criminal case against her for ‘disseminating deliberately false information’.
- Iskander Yerimbetov, Muratkhan Tokmadi, Aset Nurzhaubay, Muratbek Tungishbayev, Mukhtar Dzhakishev, Ablovas Dzhumayev, Almat Zhumagulov, and Kenzhebek Abishev. In all of the aforementioned cases, the Kazakhstani authorities have ignored international appeals and refused to carry out proper investigation into the incidents of torture.
- According to the information available, Muratkhan Tokmadi was subjected to torture in the NSC detention facility. They demanded that he ‘confess’ having ‘committed a contract murder’ on the order of the opposition member Mukhtar Ablyazov 13 years before. Based on these ‘confessions’, the authorities organised a new trial in absentia against Ablyazov.
- As part of the ‘deal with the investigation bodies’, the authorities demand that the accused not only ‘repent’, but also make defamatory statements about human rights defenders. This happened in the cases of torture victims Aset Nurzhaubay and Muratbek Tungishbayev. Nurzhaubay, his mother, and Tungishbayev’s wife Mira Kaliyeva made public statements in which they asserted that those prosecuted have been ‘presented as political prisoners’ before the European community, human rights defenders have been ‘controlled by Ablyazov’, and members of international human rights observation missions are ‘pseudo-defenders’.
- Mukhtar Dzhakishev is suffering from life-threatening diseases. However, the authorities of Kazakhstan have not provided him with effective medical treatment. Over the past few months, the authorities have denied the request of three human rights observation missions to visit Dzhakishev.
- Also, serious health problems have been recorded in the case of Maks Bokayev, Aron Atabek, and Kenzhebek Abishev.
2. Persons in detention
A) Those serving time in prison



















3. Persons whose freedom has been restricted












4. Activists who are being investigated for and facing the risk of imprisonment




5. Victims of punitive psychiatry


6. Kazakhstan misuses the mechanisms of Interpol and international legal assistance
Using the mechanisms of INTERPOL and international cooperation in criminal cases, the Kazakhstani authorities are striving to lay hands on their opponents residing abroad. In most cases, it is a question of ‘hunting down’ of former colleagues of oppositionist Mukhtar Ablyazov, whom President Nazarbayev considers his personal enemy. On 9 December 2016, the French Council of State recognised this case as political.INTERPOL removed the names of Ablyazov and several other defendants in the case of BTA Bank from the wanted list in connection with the political overtones of the criminal charges. 13 colleagues and relatives have been granted asylum or additional protection in the EU and the US. Ignoring the decisions of France and other EU states, the Kazakhstani authorities began to search for new ways to bring about Ablyazov’s extradition, making attempts to obtain ‘additional testimony’ against him. To this end, Kazakhstani investigators have been using threats, torture, exerting pressure on their counsels, and harassing their relatives.




6. Conclusions and recomendation
In an attempt to prevent a reduction in the volume of foreign investment in the country’s economy, and to maintain its positive international image, the authorities of Kazakhstan are being forced to make individual concessions in the cases of political prisoners. In recent years, the consistent pressure exerted by the international community brought about the release of numerous people prosecuted for political reasons – Vladimir Kozlov, Gyuzyal Baydalinova, Seytkazy Matayev, Aset Matayev, Talgat Ayan, Edige Batyrov, Yerzhan Orazalinov, Sayat Ibrayeva, Zinaida Mukhortova and oil workers of Zhanaozen, as well as trade unionists Amin Eleusinov and Nurbek Kushakbayev, who spent more than a year imprisoned for their protest against liquidation the Confederation of Independent Trade Unions of Kazakhstan. Still, at the same time, the number of political prisoners in Kazakhstan is growing. Respect for democratic freedoms, human rights and the rule of law are the fundamental principles on which the internal and external policies of the European Union are based. European states should not sacrifice these principles in exchange for economic cooperation with authoritarian regimes. The Open Dialogue Foundation hereby urges the competent bodies of the EUand governments of democratic states to take a firm stand: the provision of financial assistance and the development of trade and economic cooperation with Kazakhstan should be made dependent on concrete improvements in the situation of the freedom of opinion, freedom of assembly and association, and the freedom of dissemination of information in the country. We urge the European Commission:- Immediately intervene in the politically motivated cases where the final judicial judgements have not yet been handed down. In particular, these are the cases of Ablovas Dzhumayev, Iskander Yerimbetov, Kenzhebek Abishev, Almat Zhumagulov, Muratbek Tungishbayev, Aset Abishev, Aigul Akberdiyeva, Zhenis Bisengaziyev, and Elena Semenova.To demand that the Kazakhstani authorities cease the criminal prosecution, and release those persecuted who are being held in custody. The case of Elena Semenova should be particularly important and fundamental for the EU. The human rights activist was persecuted in connection with her speech in the European Parliament. The authorities forbade her from leaving Kazakhstan in order to participate in human rights meetings in the EU.
- Within the framework of the Partnership Agreement between Kazakhstan and the EU, to launch comprehensive monitoring of the conditions of detention of political prisoners in Kazakhstan, and to inform the European Parliament and the international community about progress in negotiations with the authorities of Kazakhstan aimed at releasing all political prisoners and ensuring human rights.
- To express a public stance regarding the incidents of torture and politically motivated prosecution in Kazakhstan.
- To demand cessation of politically motivated prosecutionin Kazakhstan.
- To implement the UN recommendations and release Mukhtar Dzhakishev and Maks Bokayev. It is necessary to remind the Kazakhstani authorities that systematic violation of human rights and political prosecution will entail sanctions under the Enhanced Partnership and Cooperation Agreement concluded between the EU and Kazakhstan.
- To recommend that the International Monetary Fund, the World Bank, and governments of the EU states to develop economic and investment cooperation with Kazakhstan with reference to the human rights situation in the country.
- To demand that the authorities of Kazakhstan remove vague and politically motivated articles from the Criminal Code that provide for criminal responsibility for ‘slander’, ‘incitement of social discord’, ‘dissemination of false information’ and ‘violation of the order of organising rallies’.
- To warn the Kazakhstani authorities about the inadmissibility of exerting any form of persecution or pressure on counsels and lawyers for their professional activities. In particular, the persecution of the family members of counsels and lawyers is inadmissible.
- To demand that the authorities of Kazakhstan revoke the decision to ban the peaceful opposition movement ‘Democratic Choice of Kazakhstan’, as it does not have legal certainty and makes it possible to sentence people to prison terms for exercising their right to freedom of speech and assembly.
- During visits to Kazakhstan, to hold meetings with representatives of civil society and victims of politically motivated prosecution.
- To send observation missions and monitor court trials against activists, journalists and people prosecuted for political reasons.
- To send inquiries to the Kazakhstani authorities regarding the situation of political prisoners, as international control contributes to putting a stop to torture being exerted on them and to ensuring their release from prison.
- European Parliament President Antonio Tajani – 1047 Brussels, Belgium, Bât. Paul-Henri Spaak 09B011, Rue Wiertz / Wiertzstraat 60, e-mail: [email protected], tel: +32(0)2 28 45503 (Brussels), +33(0)3 88 1 75503 (Strasbourg);
- The Head of the European Parliament Committee on Foreign Affairs David McAllister – 1047 Brussels, Belgium, Bât. Altiero Spinelli 05E240, Rue Wiertz / Wiertzstraat 60, e-mail: [email protected], тел: +32(0)2 28 45323 (Brussels), +33(0)3 88 1 75323 (Strasbourg);
- The Head of the European Parliament Subcommittee on Human Rights Antonio Panzeri – 1047 Brussels, Belgium, Bât. Altiero Spinelli 11G354, Rue Wiertz / Wiertzstraat 60, e-mail: [email protected],тел: +32(0)2 28 45846 (Brussels), +33(0)3 88 1 75846 (Strasbourg);
- The President of the European Commission Jean-Claude Juncker – 1049 Brussels, Belgium Rue de la Loi / Wetstraat 200, e-mail: [email protected];
- The President of the European Council Donald Tusk -– 1048 Brussels, Rue de la Loi / Wetstraat 175, e-mail: [email protected], tel: +32 2 28 15650;
- EU High Representative for Foreign Affairs and Security Policy Federica Mogherini – 1049 Brussels, Rue de la Loi / Wetstraat 200, e-mail: [email protected], tel: +32 2 584 11 11; +32 (0) 2 295 71 69.