Aiming high: Kazakhstan responds to human rights NGO with commitment to international standards

The events known as Tragic January, when initially peaceful protests about rising fuel prices were followed by violence, have brought international pressure on President Tokayev and the Kazakh government. Their response has been to welcome the scrutiny and pledge to meet the highest standards in investigating allegations of torture and the abuse of power, writes Political Editor Nick Powell.

Since succeeding Nursultan Nazarbayev, who had lead Kazakhstan since independence from the Soviet Union, President Kassym-Jomart Tokayev has pursued his vision of a multi-party state that engages with civil society and permits peaceful demonstrations. The severest test since he took power in 2019 came last month. Tragic January saw protests about rising fuel prices turn to violence, with hundreds of arrests of those accused of riot, terrorism and other criminal acts.

The Prosecutor-General says 3,024 cases are under investigation and 779 people remain in custody. Others have been released due to lack of evidence or allowed out of prison after giving guarantees not to flee. The government alleges that peaceful demonstrations which began in Almaty, Kazakhstan’s largest city, were hijacked by individuals with criminal intent.

At least 227 people died, with 4,353 injured. 19 of the dead and most of the injured were police officers and other law enforcement personnel. International concern has centred on 305 complaints of torture and other abuses of power in custody.

Such allegations are a test of Kazakhstan’s international standing, of whether these cases will be investigated and punished if proven. The Prosecutor General has 170 allegations of torture and abuse of power under investigation. Lawyers and human rights activists have been given access to check conditions in detention centres. The authorities are also proactively engaging with the New York based NGO Human Rights Watch.

HRW’s executive director, Kenneth Roth, has said that “to avoid a deep stain on its record, Kazakhstan’s investigation should meet the highest international standards”. Such outside comments would not go down well in many countries but Kazakhstan has responded positively.

Each report about the torture of detainees is carefully checked. Prosecutors are in contact with lawyers, human rights activists and the Commissioner for Human Rights. They were given access to pre-trial detention centers, temporary detention centers and special detention centers to check the conditions of their detention. In total, the prosecutor's office received 305 complaints from detainees. According to 62 appeals, violations were not confirmed. On 170 facts, criminal cases were opened on torture and abuse of power.

“In each case, we will investigate in detail, and bring to justice only if there is undeniable evidence,” the Prosecutor General assured.​

Deputy Prime Minister and Minister of Foreign Affairs Mukhtar Tileuberdi has held discussions via video link with Kenneth Roth on compliance with international human rights norms and standards in the context of the Tragic January events.

Kazakhstan's interest in engaging in dialogue with the West can be seen in the active dialogue its government is pursuing at different levels. The Foreign Minister has also been reaching out to the EU and the United Nations, pledging that political reforms and efforts at social and economic improvement will continue. As well as visiting Brussels, Vienna and Geneva, he called together EU envoys in the Kazakh capital Nur-Sultan earlier this week to reaffirm the government’s commitment to reform and to engagement in active dialogue with western countries. He reaffirmed that Kazakhstan puts efforts to implement reforms aimed at improving the social and economic situation and gearing political modernization after mass riots swept across the country at the beginning of January causing mass unrest, looting and hundreds of deaths among civilians.

In his address to the nation when order was restored, President Tokayev said that maintaining law and order did not mean an attack on civil liberties and human rights. More recently, he told ministers that “citizens should see that the authorities ensure transparency and legality”. He has promised that law enforcement will review allegations of the excessive use of force and stated that securing the rights of detainees and a fair legal process is indispensable.

Kazakhstan is publicly committed to zero tolerance of torture and has declared invalid all evidence obtained under duress. Tougher penalties than the current maximum of 12 years imprisonment and a ban from holding public office are under discussion.

Countries great and small express a belief in the highest standards of human rights but the only true test is their willingness to be held to them. Kazakhstan’s response suggests a desire to meet that test and enhance the reputation of an Asian republic so vast that it counts as a European one as well.

Share this article: