52 persons

civil society activists

On 25 February, opposition activist Dulat Agadil died in a pre-trial detention center in Nur-Sultan.

Brief information

Place of residence: Shymkent

Article: Article 405 of the Criminal Code of the Republic of Kazakhstan

Date of birth: -

Detailed information

General provision

Civil society activists in Shymkent (52 persons):

1. Bilaliev Oralbay, born in 1950
2. Kusherbaev Daniyar Ergalievich, born in 1986
3. Kalmurzaeva Gulsara Seilovna, born in 1967
4. Akbaeva Gulzhan Beisenovna, born in 1971
5. Kasimbekov Marat Ebenovich, born in 1968
6. Pirmat Sharua, born in 1943
7. Sarybaeva Ulzhan Bukharbaevna, born in 1963
8. Kutybaeva Movsum Dzhumitbaevna, born in 1965 (citizen of Turkmenistan)
9. Sultanov Nurken Abaevich, born in 1988
10. Kultaev Daniyar Kenesovich
1 1. Sultanov Mukhtar Abaevich, born in 1985
12. Burkitov Nurlan Olzhabaevich, born in 1968
13. Dzhunisbekov Zhambul Alimkhanovich, born in 1960
14. Alserke Ibrahim Kuzembaiuly, born in 1960
15. Abdiev Zhalbyr Keriberdievich, born in 1970
16. Seytinbet Zharynbek, born in 1951
17. Ashtaev Zhanmurat Begmuratovich, born in 1978
18. Mominova Gulnar Aliyevna, born in 1963
19. Baykobekov Nurmakhan Zhakipovich, born in 1959
20. Zhailauov Zhaksylyk Board, born in 1965
21. Praliyev Daulet Dzholdasbekovich, born in 1982
22. Dzholdasova Aizhan Ashtarovna, born in 1952
23. Ashetaev Rustem Esimkhanovich, born in 1983
24. Sadibekov Moldabay Absadykovich, born in 1971
25. Bayzhanov Ilesbek Seitovich, born in 1956
26. Kasymbekov Abdirakhman Ualkhanovich, born in 1955
27. Kaliev Alibi Aliaskarovich, born in 1970
28. Forest Tleules Duysenuly, born in 1953
29. Tashkinbaev Nurlan Turdialiyevich, born in 1986
30. Kulbaev Ergali Narimanovich, born in 1986
31. Tulegenov Kidyrali Kirgizovich, born in 1983
32. Khudaibergenov Marat Kutunbetovich, born in 1983
33. Kuntureev Asan Amangeldievich, born in 1972
34. Panzarbek Omirali Ziyabekuly, born in 1951
35. Bortibay Shymkentbay Myrzauly, born in 1958
36. Zhunisbek Moldabek Zhunisbekovich, born in 1947
37. Syzdyқbek Nurlan Sattarovich, born in 1970
38. Nasyrov Davlyatbek, born in 1951
39. Ramanul Amanullah, born in 1955
40. Abishev Zhanabek Asanovich, born in 1957
41. Babash Asylbek Auelbekovich, born in 1960
42. Nakhipov Abay Ongarovich, born in 1982
43. Kenzhebay Tleubek Sagymbekovich, born in 1959
44. Otegen Zhanysbek Tursynaliyevich, born in 1951
45. Sultanbay Nurhan, born in 1961
46. Izmaganbetova Gulnara Baykabakovna, born in 1979
47. Abildaev Nurzhan Altynbekovich, born in 1968
48. Mukhamedov Nurzhon Mamarasulovich, born in 1975
49. Omir Shynybekovich born on 7 August 1962
50. Baymanov Bulat Amanzholovich, born in 1975
51. Perneeva Aklima Ertayevna, born in 1979
52. Mamakhan Yrysbek Mamakhanovich, born in 1996

For a number of years, a group of civil society activists has fought for the citizens to have the right of peaceful assembly in Kazakhstan. They have participated in unauthorized rallies held in Shymkent, on many occasions. Some of them are/were members of opposition political parties.

The activists have drawn society’s attention to the following issues:
- the formation and expression of the will of citizens and social groups;
- legal assistance on the legality of peaceful assemblies, establishment of political parties, and expression of opinion;
- amendment of legislation on trade unions.

On 12 December 2019, B. Zhanibekov, an investigator at the Investigation Unit of the Abai District Police Department (DPD) of the Shymkent City Police Administration, opened a pre-trial proceedings into the aforementioned individuals for allegedly committing a criminal offense under part 2 of article 405 of the Criminal Code of the Republic of Kazakhstan (participation in a public or religious association or other organization in respect of which there is a legally effective court judgment prohibiting the activity of such association or organization or liquidating it on the grounds of being engaged in extremism or terrorism.

Over the course of the investigation, the investigator on several occasions has called in the individuals listed above; in doing so the norms of criminal procedural law have been violated in that they were interrogated without their advocates in attendance. After that, they contacted the Shymkent branch office of the Kazakhstan International Bureau for Human Rights and the Rule of Law (KIBHR) asking for the protection of their rights.

Legal assistance to the civil society activists has been provided by advocates A. Raisov and M. Zholshiev, with the support from KIBHR; the advocates filed motions for the necessary investigative actions to be carried out, including an appointment of forensic examination from a religious and politоlogical perspective to see if the actions of the listed individuals contain the elements of extremism or terrorism.

Subsequently, the criminal case taken over by N. Asebai, an investigator at the Investigative Unit of the Abai DPD. Upon receipt of the results of the expert report, the investigator issued a final decision to terminate the pre-trial proceedings.

At the moment, the criminal case is under review at the Shymkent city prosecutor’s office.

Kazakhstan International Bureau for Human Rights and the Rule of Law
15 June 2020