Politically motivated criminal prosecution of human rights activist Diana Baimagambetova.

⠀

On 5 April 2021, a senior investigator of the Investigative Division of the Almaty City Police Department, G. S. Kazhibayev, prepared a subsumption (legal argumentation of a crime) of a suspect Diana Baimagambetova. Diana Baimagambetova is politically prosecuted under Article 182 Part 2 ("participation in an extremist group") and Article 405 Part 2 ("participation in the activities of an extremist organisation").

⠀

"Justifications" for a political criminal case:

 

1) Since December 2019, together with her associates, she took an active part in changing the name and its (note: "DCK") transformation to "Koshe Partiyasy", where she continued her active participation in the unregistered movement "Koshe Partiyasy". This fact of the change of name from "DCK" to "Koshe Partiyasy" was established by the Yesil District Court on 19 May 2020."

2) Diana Baimagambetova "constantly participated in unauthorised meetings, actions, pickets for which she was repeatedly brought to administrative responsibility", namely: 27 June 2020 (15 days of arrest), 24 July 2020 (10 days of arrest), 22 August 2020 (15 days of arrest), 31 October 2020 (15 days of arrest).

3) "Baimagambetova D., being oppositional in her political beliefs and an adherent of extremist ideology, having a negative attitude towards the existing constitutional order and government system of the RK, ......, actively participated in the extremist group created under the leadership of Zheksebayev A., Klyshev K. and Begimbetov A., with the aim of changing the constitutional order of the Republic of Kazakhstan and political system of society".

 

4) "Baimagambetova D. was responsible for the promotion of media content" (note: media content of "Koshe Partiyasy" peaceful opposition movement).

5) Using the internet, she "carried out and implemented their ideas on supporting and recruiting new members to participate in the extremist group".

6) Diana Baimagambetova "intentionally, persistently and tendentiously proposed to join and unite in the ranks of "Koshe Partiyasy", expressing dissatisfaction with the social and political situation in the country, negative assessment of the current government, law enforcement bodies, with a call to perform actions aimed at changing the government, resignation of the government".

 

7) On 19 July 2020, she travelled to Astana to participate "in Asar - in the construction of D. Agadil's house". She planned with other activists the future protest actions in Astana and other cities.

8) Diana Baimagambetova participated in a Telegram-chat "Parliament", where they discussed forthcoming rallies and where "Aspandiyarova D.'s financial report on fundraising" was kept.

9) On 5 and 6 June 2020, Diana Baimagambetova and Askhat Zheksebayev talked about preparations for the rally on 6 June 2020.

⠀

Diana Baimagambetova is being politically persecuted for exercising her constitutional rights: she participated in peaceful protests (for which she has already received, formally, illegal administrative penalties), called to join the "Koshe Partiyasy" peaceful opposition movement and discussed the upcoming peaceful protests. The investigator explicitly writes that she is an opposition activist for her political beliefs, which is not in fact illegal, but in this case demonstrates the real reason for her political persecution.

⠀

The secret decision of the Yesil court on banning "Koshe Partiyasy" has not been published. "Koshe Partiyasy" and the “DCK” are two different peaceful opposition movements. 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". 

 

We call on the US, the EU, the UK and Canada to impose personal sanctions on: the head of the National Security Committee, Karim Massimov; the General Prosecutor, Gizat Nurdauletov; and the Minister of Internal Affairs, Yerlan Turgumbayev.