On 30 March 2021 Lieutenant Colonel of Police, Chief of Investigative Division of Aktobe region Police Department, Abdullin E. A. drew up an indictment against Berik Nogayev on a politically motivated criminal case under Article 405 Part 2 ("participation in extremist organizations"). Berik Nogayev was illegally placed under house arrest in connection with this criminal case on 26 February 2021, as a preventive measure prior to the peaceful protests on 28 February 2021.
The "accusation" is based on the fact that:
1) On 4 September 2019, Berik Nogayev called to join the opposition movement “DCK”, to participate in protests and to change the government.
2) On 23 November 2020, Berik Nogayev published materials on Facebook "the content of which is aimed at forming a protest mood in society and demanding the immediate release, freedom of political prisoners":
"We will continue to fight for the release of Kenzhebek and Almat, as well as all other political prisoners! Freedom for political prisoners".
3) He reposted the publication of a human rights activist Dana Zhanay from "Qaharman", dated 25 November 2020, about preventive persecution and illegal searches in Pavlodar and Ekibastuz in connection with the parliamentary elections on 10 January 2021. The repost also stated the illegal seizure of personal belongings of activists and human rights defenders.
4) On 19 December 2020, Berik Nogayev reposted on Facebook a post by Mukhtar Ablyazov calling on the day of the parliamentary elections on 10 January 2021 to vote for the registered Akzhol party and to come out in peaceful protest: "Vote for Akzhol, 'Come out to rally. Kick out Nazarbayev and his gang!".
On 9 April 2021, First Deputy Prosecutor of Aktobe region, Rakhmetov K.K. approved the indictment.
In its
resolution of 11 February 2021, the European Parliament has condemned the abuse of anti-extremism legislation by the Kazakhstani authorities to persecute supporters of the peaceful opposition movements “DCK” and “Koshe Partiyasy” and called on the Kazakhstani authorities "to drop politically motivated charges and end all forms of arbitrary detention, reprisals and harassment against human rights activists, religious organisations, civil society organisations, trade unions, journalists and political opposition movements".