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| At the protest rally against "sale of land" in Atyrau, 24 August 2016. Photo by azattyq.org/ |
Authorities in Kazakhstan must immediately release all peaceful
activists arrested ahead of planned protests on May 21, the Norwegian Helsinki
Committee, Adil Soz, International Legal Initiative and Association for Human
Rights in Central Asia said in a statement today.
This week Kazakhstani authorities have arrested
several leading activists ahead of planned country-wide protests against a new
land reform, the groups said. Activists and social media users have been
arrested in Astana, Almaty, Atyray, Shymkent, Uralsk and Semey. Authorities
have pressed criminal charges against at least two activists, whereas numerous
others have been sentenced to up to 15 days of administrative detention.
“Arresting activists and social media users for
expressing their intention to participate in peaceful protests is a clear
violation of Kazakhstan’s international obligations. The authorities must
immediately release all arrested activists and ensure every citizen the right
to freedom of expression and the freedom of assembly,” said Bjørn Engesland, Secretary
General of the Norwegian Helsinki Committee.
Public demonstrations initially started in western
Kazakhstan, in the city of Atyrau on April 24 as a protest against amendments
to the land law. The new legislation would allow foreigners to lease farm land
for up to 25 years, which protesters fear will effectuate that Kazakhstani land
will permanently befall foreigners. From Atyrau the protests quickly spread to other
cities in western Kazakhstan, such as Aktobe, Aktau and Uralsk. Within a short
time similar rallies were manifested in numerous cities across Kazakhstan
including Astana, Almaty, Zhanaosen, Kizilorda and Semey. The demonstrations
have so far drawn a considerable number of protesters, which is highly uncommon
in Kazakhstan where broad public participation in public protests is a rare
occurrence.
“The wave of arrests shows the Kazakhstani
authorities’ disregard for freedom of assembly. We call on the authorities to
allow the planned peaceful protests to take place in line with international
human rights standards,” said Aina Shormanbaeva, President of the International
Legal Initiative.
President Nazarbaev responded to the protests on May 5
by announcing a moratorium on the new legislation. Dissatisfied with the
moratorium activists in several cities applied to local authorities seeking
permission to hold protest rallies on May 21. Following the subsequent denial
from the authorities to hold protest, numerous activists and social media users
across Kazakhstan nonetheless expressed their intention to participate in
protest rallies across Kazakhstan on May 21.
In response to the calls for public protests on May 21
the authorities launched a wave of arrests on May 17 that still continued when
this statement was published. Activists and outspoken social media users were
arrested in several cities, including Astana, Almaty, Semey and Uralsk. At
least 24 people have been arrested or detained after expressing their intention
to take part in the planned May 21 protests, or after applying to local
authorities for permission to hold protests.
“The
authorities are using administrative detention as a tool to silence activists
and outspoken voices”, said Tamara Kaleva, President of the Adil Soz
foundation. “This sends a chilling message to every citizen of Kazakhstan –
that openly expressing your views in social media can land you behind bars. Kazakhstan
must stop the current crackdown on freedom of expression”, she added.
Whereas most of the arrested activists are held in
administrative detention, several activists face criminal charges as well. In
Uralsk, local activist and musician Zhanat Esentaev is currently under arrest on
suspicions of “incitement of social, national, clan, race, class or religious
discord”. Esentaev had prior to his arrest applied to local authorities for
permission to hold protests in the public square of Uralsk on May 21. In
connection with Esentaev’s case, other local activists have the status as
witnesses, but may potentially risk criminal charges themselves. In Astana
authorities have raised criminal charges against activist Makhsat Ilyashev, although
the details of the charges remain unknown, according to Radio Azzatyk.
Furthermore, authorities have interrogated several other activists on charges
of organizing mass-disorder.
Although the Constitution of Kazakhstan guarantees the
right to peaceful assembly, the legal framework regulating such activities
poses numerous obstacles to public protest. According to Kazakhstani law,
would-be protesters must apply for a permit from local authorities no less than
ten days in advance of the planned protests. Furthermore, the application can
only be submitted by registered groups, not individuals, and the organizer
carries responsibility for security during the event. The law also restricts
where a meeting may be held: Public protests are not permitted where it may
disturb transport, pedestrians or general infrastructure. Furthermore, it is
forbidden to hold meetings outside the offices of public services, such as
those providing water, gas or electricity, or outside offices of health or
educational administrations, and close to buildings important to state defense
or security. Also, meetings may not take place near railroads, ports or
airports. Naturally, any spot in any city center will be in proximity of at
least one of the above mentioned.
Internationally, Kazakhstan has received criticism for
its restrictive approach to freedom of assembly and association. After a visit
to Kazakhstan, the United Nations Special Rapporteur on the Rights to Freedom
of Peaceful Assembly and Association, Maina Kiai, last year expressed criticism
of Kazakhstan’s practice and legal framework related to public protests. In his
statement Kiai said that “in Kazakhstan today the freedom of assembly is
treated as a privilege, or a favor, rather than a right”. Furthermore, the
United Nations Human Rights Committee also ruled last year that Kazakhstan must
review its legislation “in particular the Law on the Order of Organization and
Conduct of Peaceful Assemblies, Meetings, Processions, Pickets and
Demonstrations”.
“The arrests of civil society activists as well as the
total control over anyone expressing their intention to participate in the
planned peaceful protests, is a manifestation of political repression”, said
Nadejda Atayeva, President of the Association for Human Rights in Central Asia.
“We call on the Kazakhstani authorities to end its undue interference in
fundamental freedoms as guaranteed by the Constitution of Kazakhstan, and to
amend the legal framework as ruled by
the United Nations Human Rights Committee last year”, she added.
