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A politically motivated criminal prosecution of civil activist #DZHUMANIYAZOVA Ninagul.

21 April 2021

Almaty

On 5 April 2021, #KAZHIBAYEV G.S., a chief investigator of Almaty Police Department prepared a subsumption (legal argumentation of a crime) against suspected DZHUMANIYAZOVA Ninagul.

DZHUMANIYAZOVA Ninagul is being politically persecuted under Article 182 Part 2 (“participation in an extremist group”) and Article 405 Part 2 (“participation in the activities of an extremist organisation”).

The “grounds” for this criminal case are:

DZHUMANIYAZOVA Ninagul “starting in December 2019, together with her associates, took active part in changing the name of the organisation (“DCK”) and its transformation to “Koshe Partiyasy”, where she continued her active participation in the unregistered movement “Koshe Partiyasy”. This fact of changing the name from “DCK” to “Koshe Partiyasy” was established by Yesil regional court on 19 May 2020.
On 13 December 2019 a video under the name of “We will win” was published on the account “Koshe Partiyasy” in Youtube, where DZHUMANIYAZOVA Ninagul 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”.
Peaceful movement “Koshe Partiyasy” was declared “extremist” only on 19 May 2020. The above-mentioned video was published 5 months prior to that!
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).
Is it a crime to discuss “Koshe Partiyasy” and criticize the current government?
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”.
Expressing solidarity with other civil activists – is an “extremism”?

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».

Can you see at least one crime listed here? Elections are also actions intended to change the government. So, it means that elections are also a crime, right?

«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».
“Intentionally, persistently and tendentiously offered to join and unite in the ranks of “Koshe Partiyasi” 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”
On 22 August 2020 Nurgul’s house had been unlawfully searched, where books, newspapers, application forms, booklets, leaflets and printed copies of “DCK” programme (from the times when Democratic Choice of Kazakhstan was established), booklet with Mukhtar Ablyazov’s image and T-shirts/leaflets of “Koshe Partiyasy” were seized.

This unlawful and absurd subsumption was approved by MASAKBAYEV I.B, a chief of the Department of Criminal Prosecution of Almaty Prosecutor’s Office on 6 April 2021.