On 5 April 2021, Kazhibayev G., a senior investigator of the Investigative Division of the Almaty City Police Department, issued a subsumption (legal argumentation of a crime) of a suspect Abay Begimbetov. Abay Begimbetov is politically prosecuted under Article 182 Part 1 ("establishment of an extremist group"), Article 405 Part 2 ("participation in the activities of an extremist organization"), and Article 378 Part 2 ("insulting a public officer"). "Grounds" for a political criminal case:
1. The investigator writes that despite the fact that the World Health Organisation (WHO) declared a pandemic and the Chief Sanitary Doctor of Kazakhstan imposed restrictions on mass events, Abay Begimbetov "went to participate in an unsanctioned rally".
2. Abay Begimbetov "In December 2019, together with his associates, took an active part in changing the name of the organisation (DCK) and its transformation into "Koshe Partiyasy", where he continued his active participation in the unregistered movement "Koshe Partiyasy". This fact of the name change from “DCK” to “Koshe Partiyasy” was established by the Yesil District Court on 19 May 2020.
● The decision of the Yesil court has not been published yet and is politically motivated.
3. On 22 July 2020, a video was published on “Askhat Zheksebayev” YouTube channel in which Askhat Zheksebayev introduced Abay Begimbetov as a "civil activist in Almaty and leader of the Pavlodar Koshe Partiyasy chat". That video focused on the process of helping to build a house for the family of the murdered Dulat Agadil.
4. Abay Begimbetov "On a regular basis took part in unsanctioned rallies, actions, pickets for which he was repeatedly brought to administrative responsibility", namely: on 18 June 2020 (fine of 200USD).
5. "Being oppositional in his political convictions and an adherent of extremist ideology, having a negative attitude towards the existing constitutional system and the system of government of the Republic of Kazakhstan, ......, "planned the creation and management of an extremist group", with the aim of changing the constitutional system of the Republic of Kazakhstan and the political system of society”.
6. Abay Begimbetov was given a "leading role" in the "extremist group".
7. Abay Begimbetov "Intentionally, persistently and tendentiously offered to join and unite in the ranks of "Koshe Partiyasy", expressing dissatisfaction with the social and political situation in the country, as well as expressing negative assessment of the current government, law enforcement agencies, calling for actions aimed at changing the government, resignation of the Government".
8. On 19 July 2020, Abay Begimbetov came to Astana to participate in Asar - assistance in building a house for the family of the murdered Dulat Agadil. The investigator further writes that together with other activists, Abay Begimbetov rented a flat in Astana, where they held meetings with activists in the capital, discussed the involvement of new supporters and future protests.
9. On 6 June 2020, Abay Begimbetov discussed with Askhat Zheksebayev on Telegram the upcoming "unsanctioned rally" on 6 June 2020.
10. Participated in a Telegram chat where the upcoming rallies were discussed and where Aspandiyarova D.'s "financial report on fundraising" was kept.
They discussed the distribution of funds collected from public fundraisers in order to provide humanitarian assistance to the families of politically persecuted activists and political prisoners, nor is it illegal to discuss future peaceful protests.
In fact, Abay Begimbetov is being politically persecuted for exercising his constitutional rights: he participated in peaceful protests (for which he 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 he 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.
DCK (Democratic Choice of Kazakhtstan opposition movement)*
Koshe Partiyasy (opposition movement)
