Kazakhstan Justice - The Times Of Central Asia

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Tokayev Pardons Chinese Scholar Konstantin Syroezhkin

The Kazakh political analyst Andrei Chebotaryov has announced on his Telegram channel that President Kassym-Jomart Tokayev has pardoned a scholar of Chinese studies, Konstantin Syroezhkin, who was convicted of treason in 2019. “On the proposal of the Commission on pardon issues under the President of the Republic of Kazakhstan, the head of state Kasym-Jomart Tokayev pardoned the doctor of political sciences and professor Konstantin Syroezhkin by an appropriate decree. In this regard, his criminal record was removed, and his rights were restored. In general, justice has triumphed! I wish our colleague and mentor good health and new scientific achievements!”, Chebotaryov shared. Syroezhkin was arrested in February 2019 in a criminal case of high treason. The case caused widespread outrage, especially in scientific circles. At the same time, little is known about it. The trial was closed, and the circumstances of the case were not disclosed. In October 2019, Konstantin Syroezhkin was found guilty of high treason and sentenced to 10 years in prison by the specialized inter-district criminal court of Almaty. In April 2024, the appellate panel granted Syroezhkin's appeal and released him on parole with probation supervision for the remaining term of four years, five months, and 22 days. The board concluded that Syroezhkin's exemplary behavior, conscientious attitude to work, and participation in prison life proved he did not need to serve the entire sentence. Syroezhkin has been engaged in Oriental studies for many years and has had a long academic career in Kazakhstan. Earlier, he worked at the Institute of Uyghur Studies of the Academy of Sciences of the Kazakh SSR and at Kazakhstan's Center of Oriental Studies of the Academy of Sciences. During the investigation that ended his career, Syroezhkin was chief scientific officer of the Kazakhstan Institute for Strategic Studies, from 2006 to 2019. Among his significant works are such studies as “Modern Xinjiang and its Place in Kazakhstan-China Relations,” “Kazakhstan-China: From cross-border Cooperation to Strategic Partnership,” and “Should Kazakhstan be Afraid of China: Myths and Phobias.” He has also researched the life of Kazakhs in China, which became his work “Kazakhs in China: Sketches of Socio-Economic and Cultural Development.” It is worth noting that other well-known scientists have also been convicted in Kazakhstan. For example, in 2011, the leader of the country's Sufi community and a Doctor of Technical Sciences, Professor Sayat Ibrayev, was sentenced to 12 years in prison on charges of “organizing a criminal group.” The same year, he was nominated in absentia for the Alikhan Bukeikhanov Award of the Union of Journalists of Kazakhstan.

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Kazakhstan Proposes Lowering Age of Criminal Responsibility

Kazakhstan has proposed lowering the age of criminal responsibility Leading the initiative at a plenary session, Majilis Deputy Magerram Magerramov emphasized, “We, legislators, should probably revise the age of criminal responsibility threshold for some crimes, establishing responsibility not from 14, but from 12 years old, for example, in cases of rape." Magerramov drew attention to unsafe conditions in schools, citing cases of violence and murder committed by minors. In his opinion, bullying, and romanticizing banditry within the school environment create the basis for violence that continues in the army. The deputy also stressed the lack of a social protection system and called for strengthening educators' roles in preventing schoolchildren's destructive behavior. To this end, he recommended a revision of current approaches to the prevention of criminal behavior among teenagers in tandem with increased attention to moral and ethical education. Magerramov noted that Kazakhstan needs a comprehensive approach by authorized bodies to solving these problems as well as a revision of the current system which allows juvenile offenders to avoid punishment because of their age. In June 2024, a new law came into force in Kazakhstan, which introduced liability for bullying and cyberbullying of minors. However, the deputy believes that additional measures are needed to combat juvenile violence. The age of criminal responsibility varies from country to country. In Japan, Ireland, and Morocco, children can be held responsible for crimes from the age of twelve. In India, the minimum age of responsibility is set at 12, with the caveat that for serious offenses such as murder or rape, the court may take into account the child's conscious actions.

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Central Asian Police and Prosecutors Follow the Money

Gathering intelligence on money laundering and terrorist financing is just one step for authorities trying to crack down on those crimes. Transforming the intelligence into courtroom-ready evidence is just as vital. That challenge was the focus of a European Union-led workshop in Türkiye this week that drew more than 50 judicial and law enforcement officials, many of them from Central Asian countries. The prosecutors, police and financial intelligence experts discussed asset confiscation and forfeiture, mutual legal aid, open source intelligence and parallel financial investigations, which amount to following the money while separate criminal probes are underway. “The need to ensure the conversion of financial intelligence into admissible evidence in court is paramount, as it is the step that allows countries to prevent, detect and better prosecute criminals involved in financial crimes,” David Hotte, team leader at the EU Global Facility on money laundering and terrorism financing. The EU project and Türkiye´s financial intelligence unit, which is part of the Ministry of Finance, organized the workshop in Ankara, the Turkish capital. It ended Wednesday. The participants were from Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan, Azerbaijan, Georgia and Somalia. In recent years, Kazakh authorities have pursued an international campaign to recover assets that they say were stolen and moved abroad. Last month, Kazakh authorities said they had completed an investigation into the case of a nephew of former president Nursultan Nazarbayev and that the equivalent of $1.6 billion worth of assets had been returned to the state. The United Nations Office on Drugs and Crime is also helping Central Asia with efforts against financial crimes. In April, it hosted a training session on money laundering for prosecutors, judges and financial investigators in Kyrgyzstan. Similar workshops have been held in Uzbekistan and Kazakhstan. Some civil society groups in Central Asia say their governments could do a lot more to ensure budget transparency and curb violations of financial legislation. A 2023 index compiled by Transparency International ranks countries by perceived levels of public sector corruption – 0 is very corrupt and 100 is very clean. Kazakhstan scored 39, followed by Uzbekistan (33), Kyrgyzstan (26), Tajikistan (20) and Turkmenistan (18). The index scores are based on at least three “data sources” drawn from 13 different corruption studies and collected by institutions including the World Bank and the World Economic Forum, according to Transparency International.

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Kazakhstan: The Role of the Constitutional Court in Upholding the Rule of Law

This year marks 30 years since the adoption of the current Constitution of Kazakhstan, which was approved by a popular referendum. Over the years, several changes have been made to the country's basic laws to expand citizens' rights, support political modernization, and strengthen the protection of human rights. The last referendum demonstrated the people's will and became an important milestone in the country's history. As a result, the powers of the president were reduced, and the role of parliament and local self-government bodies was significantly strengthened. An important step was the introduction of the Ombudsman for the Human Rights institution, the abolition of the death penalty, and the restoration of the Constitutional Court, Elvira Azimova, Chairperson of the Constitutional Court of Kazakhstan, has told the Asian Legal Portal. As Azimova explained, the Constitutional Court plays a critical role in ensuring the supremacy of the Constitution and protecting citizens' rights. At the same time, she noted that regulations should not only comply with the Constitution, but also be organically linked to it, creating a legal basis for the law and the state's sustainable development. Azimova also highlighted the fact that more than 120 countries worldwide have established constitutional courts or similar bodies performing constitutional oversight functions. In Kazakhstan, as in other states, citizens have the right to apply to the Constitutional Court to verify the constitutionality of laws, acts of the executive branch, and international treaties. International experience shows that such courts not only resolve legal disputes, but also improve the legal culture and continuity of constitutional processes. The revival of the Constitutional Court in Kazakhstan was an essential stage of the constitutional reform of 2022. Azimova emphasized that this body, independent of the legislative, executive, and judicial branches of government, strengthens the state's system of checks and balances. Citizens, the prosecutor general, and the Human Rights Ombudsman can now appeal to the Constitutional Court to uphold constitutional legality. Since January 2023, according to Azimova, the Constitutional Court has received over 7,500 appeals from citizens. In her opinion, such appeals do not indicate mass rights violations, but rather reflect citizens' dissatisfaction with the legal decisions made by state bodies. Citizens, she said, go to court when they believe their rights have been violated and there is either no response or an insufficient response from government agencies. The Azimova-led Constitutional Court has already issued 252 rulings, including 49 final decisions on the constitutionality of legal norms and acts. These decisions directly impact laws and regulations, which can be repealed or revised if found unconstitutional. Azimova also notes that the president, the Supreme Court, and members of parliament have already submitted requests to the Constitutional Court to check the constitutionality of laws. The prosecutor general and other state bodies have repeatedly requested an official interpretation of the provisions of the Constitution. For example, the prosecutor general's request included an interpretation of the prosecutor's competence in court and legal provisions on housing deprivation. In June 2023, Azimova presented an annual message to Parliament on...

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Kazakhstan: Tokayev Delivers Address to the Nation

A new political season has started in Kazakhstan. Following tradition, it opened with a joint session of the chambers of Kazakhstan's parliament, at which the head of state, Kassym-Jomart Tokayev, delivered his regular Address to the Nation, this year entitled: Fair Kazakhstan: Law and Order, Economic Growth, Social Optimism. As predicted by State Counselor, Yerlan Karin, the president's new address contained over a hundred initiatives, instructions, and proposals that “develop the line of reforms laid out in his previous messages and election platform.” Tokayev began his address by mentioning the parliament's adoption of 102 laws in the previous session, including norms on public control, countering human trafficking, science and technology policy, heat and energy, etc. Social issues, especially child protection, remain a top priority and whilst many systematic steps have been taken to improve people's welfare, the president emphasized that much work lay ahead. “The people of Kazakhstan today live in a completely new political reality," he stated. "Over the past five years, large-scale reforms have been implemented; the political system has radically transformed. Fundamental changes are taking place in public consciousness; the level of legal culture of citizens is increasing, and new models of behavior and new values are taking root in society. The renewal of political and public life, as well as the mentality and cultural norms of the nation, has begun. The construction of "Fair Kazakhstan" is underway, and what is especially important is that all this fully corresponds to the people's aspirations. Therefore, we will continue to follow our course steadfastly and not turn off the path." Expanding on how the past five years have changed the country, Tokayev explained, "Since 2021, about 2.5 thousand akims of villages have been elected, which is ninety percent of the total number of heads of rural settlements. In the remaining villages, elections will be held after the expiration of the terms of office of their akims. The average age of newly elected akims is 46 years. Sixty percent will have no previous experience of working in public service, and their number includes entrepreneurs and members of various parties. The corps of akims elected by the people has been largely renewed." The head of state recalled that in the fall of last year, Kazakhstan began to hold elections for the first time for akims of districts and cities of regional significance. Under the new rules, 45 akims were elected in all oblasts. According to the president, the latest election system will go even further. “After a comprehensive study of the election results and analysis of the work of elected akims, it was decided to finally switch to the new system from next year. In the future, akims of districts and regional cities will be elected only through direct elections, which will be held as the powers (i.e., rotation terms) of incumbent akims expire,” Tokayev emphasized, calling it another essential step in the transformation of the political system and stressing that if required for the development of the state, reforms will...

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As Kazakhstan Marks Constitution Day, What Does the Occasion Really Symbolize?

Kazakhstan marks Constitution Day on August 30, an event inaugurated by the country’s second and current president, Kassym-Jomart Tokayev. The day has taken on a new meaning since the events of January 2022, when a violent coup-attempt challenged Tokayev’s authority and caused deadly destruction in the nation. Since then, the country has adopted various democratic and economic reforms. Most significantly, key amendments to the country’s constitution were adopted following a national referendum in 2022. One of the main changes was to limit the president’s time in office to a single seven-year term and banning consecutive terms. In 2022, Tokayev was re-elected under the new rules and his presidential term will now expire in 2029. The first constitution of independent Kazakhstan was adopted in January 1993 and was based on the model of a parliamentary republic. It incorporated laws on sovereignty, the independence of the state, the Kazakh language as the state language, the president as head of state, and identified the country’s judicial bodies as the Supreme Court, Constitutional Court, and Higher Arbitration Court. The current constitution was then adopted on 30 August 1995 through a national referendum. It was amended in 1998, 2007, 2011, 2017, and 2019. The most significant changes, however, took place in the above-mentioned referendum after the mass unrests of January 2022. On May 5, 2022, Tokayev announced a referendum on amendments “to transition to a new state model, a new format of interaction between the state and society … from a super-presidential form of government to a presidential republic with an influential parliament and an accountable government.” The referendum was held on June 5, 2022, and 77% of the people supported the changes. Overall, 33 articles of the current constitution were amended. Today’s celebrations mark this new and improved constitution that represents a significant step in the path forward for Tokayev’s New Kazakhstan