NEW YORK (Aug. 22, 2024) — The Human Rights Foundation (HRF) filed a submission with the United Nations Special Procedures on behalf of Kazakh human rights activist and athlete Marat Zhylanbaev. Zhylanbaev is chairperson of the opposition group “Alga Kazakhstan!,” which has been denied registration as an official political party more than 21 times.
On May 3, 2023, Zhylanbaev was arrested on the administrative charge of participating in an “illegal rally” for attending a protest calling for an investigation into the events of “Bloody January,” a protest that was violently broken up by officials in January 2022, resulting in numerous deaths. On May 23, 2023, the day Zhylanbaev was to be released from administrative detention, officials arrested and placed him under pretrial detention for participating in and financing “extremist activities.” Officials accused Zhylanbaev of “extremism” based on his contacts with members of the opposition group, “Democratic Choice Kazakhstan,” which was banned in 2018 by a court decision that has since been widely criticized, including by the European Parliament.
Following a closed trial, the Inter-District Criminal Court of Astana convicted Zhylanbaev on Nov. 29, 2023, and sentenced him to seven years in prison, followed by a three-year ban on his right to engage in social and political activities. He appealed the decision to the Supreme Court of Kazakhstan but lost his appeal on June 5, 2024.
“The Articles of the Criminal Code under which Mr. Zhylanbaev was convicted have been identified by the UN Special Rapporteur on human rights and counterterrorism and the Human Rights Committee as vague and overbroad,” HRF International Legal Associate Kaitie Holland said. “The Kazakh regime has demonstrated a pattern of suppressing dissent by consistently classifying the opposition as ‘extremist.’”
In its submission, HRF highlighted the violations of Zhylanbaev’s fundamental rights, including his rights to the freedom of opinion and expression and the freedom of assembly and association. The submission also outlines the lack of due process in Zhylanbaev’s case.
Holland explained, “Kazakhstan failed to release Mr. Zhylanbaev when his pretrial detention was set to end in July 2023 and held him in a cell with a convicted individual while awaiting trial. His closed trial took place before a tightly controlled judiciary, and all but one of his requests to call witnesses was denied. His detention cannot be justified under these circumstances.”
HRF’s submission brings Zhylanbaev’s case to the attention of the Special Rapporteurs on the freedom of expression and opinion, the freedom of peaceful assembly and association, and the independence of judges and lawyers, as well as to the Working Group on Arbitrary Detention, which has already received a submission on Zhylanbaev’s behalf. HRF calls on the Special Procedures to investigate Zhylanbaev’s case and calls on Kazakhstan to release him immediately.
Supported by a grant from the John Templeton Foundation.
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