IS IT NOW ILLEGAL TO COMMUNICATE WITH LYUDMYLA KOZLOVSKA?
22 April 2021. Almaty
Politically motivated criminal prosecution of civil activist and political prisoner Askhat #ZHEKSEBAYEV.
On 5 April 2021, #KAZHIBAYEV G., a senior investigative officer of the Investigative Division of the Almaty City Police Department, prepared a subsumption (legal argumentation of crime) of the suspect, Askhat ZHEKSEBAEV.
Askhat ZHEKSEBAYEV is politically prosecuted under Article 182 Part 1 («establishment of an extremist group») and Article 405 Part 2 («participation in the activities of an extremist organisation»).
«Grounds» for the political criminal case:
Askhat ZHEKSEBAYEV «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. This fact of the name change from the “DCK” to “Koshe Partiyasy” was established by the Yesil District Court on 19 May 2020. The decision of the Yessil court has not been published yet and is politically motivated.
On 16 April 2020 a video was posted on Facebook page of Askhat ZHEKSEBAYEV in which he urged qualified specialists (lawyers, financiers) to join a separate chat of “Koshe Partiyasy” in order «to form necessary staff after the change of the present authorities».
On 18 April 2020 a video was published on the Facebook page of Askhat ZHEKSEBAYEV in which he (wearing a “Koshe Partiyasy” T-shirt) «talks about the benefits of the armband «Жуқа» at rallies» (an armband for linking activists together during peaceful protests in order to prevent OMON officers from detaining peaceful protesters separately one by one).
On 5 May 2020, a video was published on the Facebook page of Askhat ZHEKSEBAYEV in which he «informs about the reasons for registration» of the opposition movement “Koshe Partiyasy”, «invites to participate in the creation of the movement program and criticizes the current government against the background of the flag with the logo of “Koshe Partiyasy”».
On 11 May 2020, a video was published on Askhat ZHEKSEBAYEV’S Facebook page in which he «criticises the current authorities against the background of the flag with the logo of the “Koshe Partiyasy” and calls for unification and membership in the opposition movement “Koshe Partiyasy”».
On 12 May 2020, a video was published on the Youtube channel of «Koshe Partiyasy» in which he and other “Koshe Partiyasy” activists prepare for peaceful protests. Some of the activists have their arms connected with the «Жуқа» armband, while another part of the activists «act as police officers and try to break the chain between them and pull them aside».
On 23 May 2020, a video was published on Askhat ZHEKSEBAYEV’S Facebook page where Kairat KLYSHEV «calls on the international community to condemn the actions of the authorities and also to join their telegram chat “Koshe Partiyasy”».
Kairat KLYSHEV «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 (15 days of arrest), on 2 July 2020 (5 days) for «disobeying a police officer», on 22 August 2020 (8 days).
«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”.
He was given a «leading role» in the «extremist group». How was this even proven?
On 19 July 2020, came to Astana to participate in Asar — collective help for building a house for the family of the murdered Dulat AGADIL. Moreover, the investigator himself writes «Asar». Further the investigator writes that together with other activists Kairat KLYSHEV rented a flat in Astana, where they conducted meetings with activists in the capital, discussed the involvement of new supporters and future protests. Is provision of humanitarian aid illegal?
On 1, 2, 5 and 6 June 2020, Askhat ZHEKSEBAYEV discussed with Abai BEGIMBETOV, Diana BAIMAGAMBETOVA, Noyan RAKHIMZHANOV and Dametkan ASPANDIYAROVA the upcoming peaceful protest on 6 June 2020 in Telegram chats.
But Zhanbolat MAMAY also called for and participated in an «unsanctioned protest» on 6 June 2020 during the pandemic.
13) In the period from 1 to 4 June 2020, Askhat ZHEKSEBAYEV has been communicating with Lyudmyla Kozlovska on Telegram — «counseling and instructions are given to A. ZHEKSEBAYEV on how to make videos against police violence and political persecution, as well as advised on distributing videos in the «Koshe Partiyasy» chat.
Since when has it become illegal to consult human rights defenders about protecting their rights?
On 6 April 2021, the Head of the Criminal Prosecution Department, I.B. MASAKBAYEV, approved the subsumption (legal argumentation of a crime) of the suspect.