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- Kazakh authorities have abused counter-extremism and counter-terrorism legislation to target peaceful government critics and others, in violation of international human rights law.
- People convicted of overly broad extremism and terrorism offences – even if they did not participate in, incite or finance violence – are automatically subject to extensive financial restrictions that affect their economic and social rights.
- The Kazakh government should amend legislation related to extremism and terrorism to bring it into line with international human rights standards and remove from the list those convicted of non-violent crimes.
(Berlin) – Peaceful opposition activists and others Kazakhstan Many countries risk facing unreasonable financial restrictions due to charges of extremism or terrorism-related crimes that could violate internationally protected economic, social, and cultural rights, Human Rights Watch said in a report released today.
The 29-page report “Politically targeted, economically isolated: how Kazakhstan’s terrorist financing list exacerbates human rights abuses” Records show that individuals on Kazakhstan’s list of terrorism financiers face financial restrictions that impose significant hardship on them. These restrictions result in violations of rights guaranteed under the International Covenant on Economic, Social and Cultural Rights (ICESCR), to which Kazakhstan is a party, including the right to an adequate standard of living and to work and social security benefits. This is particularly alarming when prosecutions are directed at suspected non-violent “extremist” or “terrorist” crimes, which should not be considered crimes at all.
“If you participate in peaceful anti-government protests in Kazakhstan, the government can not only prosecute you as an ‘extremist’ but also cut off your financial resources,” he said. Mihra LittmanSenior researcher for Central Asia at Human Rights Watch. “Kazakhstan should immediately stop abusing its extremism and terrorism laws against peaceful critics and others, and remove from the list those currently on the terrorism financing list who have been convicted of nonviolent crimes.”
Human Rights Watch interviewed 18 people, 15 of whom had been prosecuted on extremism- or terrorism-related charges, and three of whose adult children had been prosecuted on such charges. Human Rights Watch also interviewed two human rights lawyers and reviewed court documents and media articles related to several of the cases documented in this report.
Kazakh legislation does not distinguish between violent and non-violent extremism, and several vague and overly broad provisions of the criminal code on extremism and terrorism have been used by Kazakh authorities to criminalize activities and expression protected under international human rights law.
Anyone prosecuted in Kazakhstan on criminal charges for being designated by authorities as an “extremist” or “terrorist,” regardless of whether they incited, participated in, or financed violence, is automatically placed on the country’s “list of persons and organizations associated with the financing of terrorism and extremism.” Under Kazakhstan’s 2009 money laundering law, people on the terrorism financing list are barred from accessing bank accounts and cannot use credit or debit cards. They are also prohibited from conducting certain financial transactions at notaries or post offices, for example.
Most of those interviewed for the report were charged with “participation in a banned extremist group,” an overly broad criminal charge that authorities say is “unfair”. has long been used to harass and silence peaceful opposition activists.
Human Rights Watch found that the government’s imposition of financial restrictions on people who did not participate in, incite, or finance violence was neither reasonable nor proportionate. Not only did the authorities fail to follow due process when imposing financial restrictions on people, but interviewees also said they faced significant barriers to finding and obtaining employment. Impediments to access to social security and other benefitsTogether, these restrictions prevent people from fully enjoying other economic and social rights guaranteed under international human rights law, including, but not limited to, the right to an adequate standard of living.
Human Rights Watch said being placed on the terrorism sponsor list has serious consequences for the well-being of individuals and their families and violates their right to be free from arbitrary interference in their personal and family life.
Abaibek Sultanov, a civic activist in a town outside Almaty who was indicted on extremism-related charges in 2021 and is currently subject to financial restrictions related to his prosecution, described to Human Rights Watch an “economic blockade” against him.
Kazakhstan should exclude “extremist” crimes from automatic inclusion on the list of terrorist financing crimes and immediately lift financial restrictions on anyone on the list who has been convicted of non-violent “extremist” or “terrorism” crimes.
Kazakh authorities should amend the criminal code’s provisions on extremism and terrorism to provide sufficient precision to ensure legal certainty. Kazakhstan should also not criminalize the legitimate exercise of freedom of opinion, expression, and association, or infringe other rights protected under international law.
“It’s bad enough that people in Kazakhstan are falsely accused of ‘extremism’ or ‘terrorism’ simply for exercising their rights to free expression, freedom of religion, or peaceful assembly; they are also forced to endure unjustified economic restrictions,” Rittman said. “The government urgently needs to amend its legislation related to extremism and terrorism to ensure it complies with international human rights standards.”
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