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 Gulzipa Dzhaukerova. Gulzipa Dzhaukerova 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").

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"Justifications" for the political criminal case:

 

1) Gulzipa Dzhaukerova "Since December 2019, together with her associates, 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) On 2 January 2020, a video greeting was published on Youtube channel of "Koshe Partiyasy", where on 31 December 2019, Gulzipa Dzhaukerova and other activists conducted a live broadcast with Mukhtar Ablyazov where they congratulated each other. "In doing so, Dzhaukerova G. congratulates and openly supports M. Ablyazov and calls on Kazakhstanis to stop being afraid and raise a glass to Kazakhstan without Nazarbayev."

 

3) On 3 March 2020, a video taken outside the Almaty city court was posted on Askhat Zheksebayev's Facebook page. In the video, Gulzipa Dzhaukerova and other activists "expressed discontent over the murder of D. Agadil by officers of the Ministry of Internal Affairs and called to bring the officers to criminal responsibility". And in another video she "chanted": "Mukhtar Kabulovich, we are with you, "Alga Koshe Partiyasy" (Go ahead, Street Party).

 

4) The psycho-philological expertise, dated 20 August 2020, contains the following conclusion:

"Thematically, the investigated conversations are united by a common theme and aimed at informing about the activities of the "Koshe Partyasy" movement, which aims to establish a parliamentary republic in the country, encouraging 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".

 

5) Gulzipa Dzhaukerova "On a regular basis took part in unauthorised rallies, actions, pickets for which she was repeatedly brought to administrative responsibility", namely: 3 May 2019 (fine 120 USD), 22 February 2020 (fine 316 USD), 22 August 2020 (fine 198 USD).

6) "Dzhaukerova G. 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".

 

7) "Dzhaukerova G. was a personal adviser to the leader of the extremist group, Zheksebayev A.".

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

 

8) She "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".

 

9)  During a search of her place of residence on 22 August 2020, leaflets "Koshe Partiyasy" (188 pieces) and "Democratic Choice of Kazakhstan" were seized from Gulzipa Dzhaukerova.

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

 

 

 

In fact, Gulzipa Dzhaukerova 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.

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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.