Drop up charges, release opposition leader – OpEd – Eurasia Review
Kazakh authorities should stop persecuting opposition leader Zhanbolat Mama for his peaceful political commitment, the International Partnership for Human Rights, the International Bureau of Human Rights and the Rule of Law in Kazakhstan, the Helsinki Human Rights Foundation and the Norwegian Helsinki Committee said today. Four groups demanded the dismissal of the criminal charge against Mama and his immediate release. They said the charges against Mama and the pressure on his party were undermining the political reform agenda announced by the president, and stressed that no real democratic change would take place until citizens were allowed to engage in legitimate opposition without hindrance.
Zhanbolat Mamai, leader of the unregistered opposition party, learned last week that new criminal charges have been brought against him in connection with the January 2022 events in Kazakhstan. During these incidents, peaceful elements were captured by violent elements and the authorities. answered with excessive force, leaving hundreds dead and thousands injured. The charges against Mamai relate to a peaceful demonstration considered The Democratic Party outside the Almaty Arena on 4 January 2022 in solidarity with protesters in the Mangystau region of Kazakhstan who had taken to the streets to protest against the sharp rise in fuel. According to the indictment, Mamai “influenced the mood of the crowd gathered in this place”, “meant creating social tension” and “turned people against the authorities” by talking about the need for fair government and political reform and demanding the dissolution of parliament, open and fair elections and registration of political parties. .
“The nature and circumstances of the criminal charges against Mamai clearly show that the charges have been brought in retaliation for his opposition and criticism of the authorities. There is nothing criminal about the authorities’ peaceful opposition and campaigns for change; welcome his efforts to improve social justice and democratic governance in Kazakhstan, said Brigitte Dufour, director of the International Partnership for Human Rights (IPHR).
New charges have been brought against Mama under the provisions of the Penal Code prohibiting the “organization of spring riots” (Article 272.1) and the “dissemination of deliberate misinformation in an emergency” (Article 274.4). If Mamai is found guilty, she could face a long prison sentence. The first offense alone can be sentenced to up to ten years in prison.
Inside something opinion Mamai was released on June 8, 2022, and he described the new charges as absurd and erroneous. He said he was accused of organizing riots by encouraging participants in a demonstration in front of the Almaty Arena on January 4 to go to the central square of the republic to demand political change, although a publicly available video of his speech clearly shows he did not urge protesters to go anywhere. Instead, he urged them to stay put and refrain from causing harm and confronting the police. He also stressed that it was physically impossible for him to lead the protesters into Republic Square as he was arrested shortly after his speech. He further noted that investigators had not been able to identify any group of rioters he claimed to have led. Mamai further stressed the absurdity of being accused of disseminating false information by quoting a figure that may not have been accurate. In a speech on January 4, Mamai noted that “10,000 protesters” had gathered in Zhanaozen, an allegation he said was based on media reports at the time. However, prosecutors criminalize the vaguely worded provision of the Penal Code on “knowingly disseminating false information,” which has been repeatedly used to suppress freedom of expression.
“Authorities must not use the events of January 2022 as an excuse to chase down uncomfortable people, such as Mamai, who have peacefully used their fundamental freedoms to speak out. They should instead focus on ensuring justice for victims of violence and human rights abuses during these tragic (KIBHR) Director.
In addition to Mama, a number of other opposition, civil society and human rights activists have been involved charged during the events of January 2022 in apparent retaliation for their legitimate civic activities. Authorities have so far failed to launch objective, effective and thorough investigations into allegations of excessive use of force during the January protests, arbitrary detention of demonstrators, and torture, ill-treatment and violations of due process. these events. Civil society actors working to document and assist victims of January violations have faced a number of obstacles, including a lack of transparency from the authorities, a reluctance on the part of victims to share their fears of retaliation, and reported cases. intimidation.
“The events of January 2022 show that ignoring the legitimate grievances of the population is dangerous. Instead of suppressing critical voices, the authorities should work with civil society and the political opposition to meet the challenges currently facing Kazakhstan, ”said Berit Lindeman, Secretary General of the Norwegian Helsinki Committee (NHC).
Mamai was already under arrest on other criminal charges when he was charged with the January 2022 events. March 14, 2022 Local Court of Almaty sanctioned charged with his pre-trial investigation for “violating law enforcement” and “knowingly disseminating false information” (sections 378 and 274.2 of the Penal Code) in two separate cases in 2021. Mamai was remanded in custody under national law does not offer as a restrictive measure in detention in such criminal matters. His detention on remand was 6 May 2022 prolonged Until June 12, 2022. Before that, he was denied under the amnesty law, which was passed on the basis of Kazakhstan’s 30 years of independence because he refused to “confess,” although admitting guilt is not a requirement for pardoning persons charged on the basis of charges against him. On June 10, 2022, Mamai’s pre-trial detention was extended extended Until 9.7.2022.
The charge of “violating law enforcement” concerns critical remarks Mamai did so when police forcibly disbanded his party in a peaceful demonstration and tried to arrest him on September 18, 2021. He specifically insulted the police officers who performed these actions by calling them “traitors.” He is therefore on a criminal prosecution for criticizing the abuses used by law enforcement. The second charge concerns his campaigning for the so-called credit amnesty on behalf of residents in financial difficulties. A public action was held in Almaty on 9 December 2021 to demand the cancellation of financial debts streaming On Mama’s official Facebook page. After that, the Financial Markets Regulatory and Development Agency accused He has “misled citizens” “for his own political purposes” by “disseminating false information about the alleged credit amnesty to all types of loans.” Mamai has dismissed this allegation, stressing that he used social media channels only to share information on how to seek help from the agency for problematic debt issues under its existing programs.
Since the founding of the Democratic Party in 2019, Mamai and other activists in this party have been subject to constant harassment. Because of the pressure, the party was forced to cancel its founding congress in 2020 and has not been able to register with the authorities. Since Mama’s arrest in March 2022, members of her party have repeatedly been intimidated, was arrested and sentenced to administrative sanctions for peaceful demonstrations demanding his release. Mama’s wife and activist Inga Imanbai has been fined several times for these reasons and in addition invited from interrogations of the events of January 2022 as an obvious attempt to keep him silent. Prior to his arrest on criminal charges, Mamai was himself doomed 15 days in administrative detention for the commemoration of the victims of the January 2022 events. He was too questioned as a witness to these events.
“The Kazakh authorities must abide by their international obligations regarding freedom of expression, association and peaceful assembly and stop targeting opposition activists and other citizens exercising these freedoms who express their dissatisfaction with the situation in the country,” Lenur said. Kerymov, Director of International Programs at the Helsinki Foundation for Human Rights (HFHR).
The criminal charges against Mama and the new campaign launched against other members of his party come at a time when Kazakh President Kassym-Yomart Tokayev sworn promote political modernization, strengthen the protection of human rights and increase citizen participation in decision-making. As part of this initiative, a referendum was held on a set of proposed constitutional amendments on 5 June 2022. Opinion groups said that if the Kazakh authorities are serious about improving democratic participation and political pluralism, they must allow real opposition parties. register and ensure that members of such parties are not intimidated and harassed.
In this context, there are also serious concerns that the authorities will continue to crack down on peaceful activists for alleged involvement in banned opposition movements, the Democratic Election in Kazakhstan (DVK) and the Street Party.Koshe Partiyasy). The court has banned these movements as “extremist” despite their non-violent agenda. Inside something established model, activists have been indicted for participating in two movements for peaceful demonstrations, social media messages and other non – violent expressions of concern. Some activists are currently under arrest on such charges. The groups that issued this statement are calling on the Kazakh authorities to release all those who are currently behind bars because of their peaceful opposition and pro-democracy activities.