On 5 April 2021, a senior investigator of the Investigative Division of the Almaty City Police Department, Kazhibayev G.S. prepared a subsumption (legal argumentation of a crime) of a suspect - Aspandiyarova Dametkan. Since 26 September 2020, Dametkan Aspandiyarova has been under house arrest for the duration of the investigation on the politically motivated criminal case under Article 182 Part 2 ("participation in an extremist group") and Article 405 Part 2 ("participation in the activities of an extremist organization").
The “grounds” for this criminal case are:
1. Aspandiyarova Dametkan “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 13 December 2019 a video under the name of “We will win” was published on the account “Koshe Partiyasy” in Youtube. In this video Aspandiyarova Dametkan was standing together with other activists. Activists were shouting “This dictatorship can be brought down only by Koshe Partiyasy”; “Support Koshe Partiyasy, only Koshe Partiyasy can beat this dictatorship”.
3. On 2 January 2020, a video greeting was published on Youtube channel of "Koshe Partiyasy", where on 31 December 2019, Aspandiyarova Dametkan together with other activists wished Mukhtar Ablyazov a happy new year.
- Further, investigator Kazhibayev states that the activists "express their gratitude to Mukhtar Ablyazov for awakening the sleeping people of Kazakhstan by his actions". Investigator Kazhibayev does not quote the activists, but states directly that Mukhtar Ablyazov “awakened the sleeping people of Kazakhstan by his actions".
4. On 5 March 2020 a video, taken at Ninagul Dzhumaniyazova's house, was published on Youtube channel “Mukhtar Ablyazov”. Another political activist and political prisoner Klyshev Kairat and other activists were on the video, including Aspandiyarova Dametkan. They were discussing movement “Koshe Partiyasy” and criticizing the current government at the video-conference with Mukhtar Ablyazov. While providing a legal description of the crime, the investigator labelled activists as “participants of extremist organization”, however “Koshe Partiyasy” wasn’t declared “extremist” at that particular time (when the video was made).
5. On 13 March 2020 on the Facebook page of user under the name of “Askhat Zheksebaev” there was a video published with Dzhumaniyazova Ninagul, Rakhimzhanov Noyan, Aspandiyarova Dametkan and Zheksebayev Askhat. On the video the latter (Zheksebayev Askhat) was supporting a civil activist from Uralsk city Moldalimov K. and appealed to join the opposition movement “Koshe Partiyasy”.
The forensic psycho-philological expertise concludes: "Thematically, the investigated conversations... are aimed at informing about the activities of the "Koshe Partiyasy" movement, the aim of which is the establishment of the Parliamentary Republic..., expression of dissatisfaction with the social and political situation in the country, negative assessment of the current authorities, law enforcement bodies, calling for actions aimed at changing the government, as well as the resignation of the government".
6. Dametkan Aspandiyarova "Being opposed by her political convictions and being an adherent of extremist ideology, having a negative attitude towards the existing constitutional system and the system of government authorities of Kazakhstan, ..., took an active part in an extremist group led by A. Zheksebayev, K. Klyshev and A. Begimbetov".
7. Dametkan Aspandiyarova “intentionally, persistently and tendentiously offered to join and unite in the ranks of “Koshe Partiyasy” expressing discontent with the social and political situation in the country, as well as expressing negative assessment of the current government in force, law enforcement agencies with the appeal to perform activities intended to change the government, resignation of the government”.
8. On 22 August 2020, Dametkan's home was illegally searched. The posters demanding the release of former political prisoner Iskander Yerimbetov, a questionnaire of the International Human Rights Foundation "Open Dialogue", a notebook with a description of the activists' activities, a notebook where records were kept on the collection and expenditure of money for the "Kose Partiyasy", flyers with demands to improve social support for people, freedom for political prisoners, etc. were seized.
9. Aspandiyarova Dametkan participated in public chats with activists Zheksebayev A., Klyshev K., Dzhaukerova G., Baimagambetova D. and others.
Dematkan Aspandiyarova is being politically prosecuted for supporting "Koshe Partiyasy" peaceful opposition movement, helping families of political prisoners, and participation in peaceful protests.
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.
DCK (Democratic Choice of Kazakhtstan opposition movement)*
