Kazakhstan Justice - The Times Of Central Asia

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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 president, Kasym-Jomart Tokayev. The day has taken on a new meaning since the events of January 2022, when violent unrest throughout the country put Tokayev's authority under the spotlight. This newer version of the country's laws is still being tested for strength. The new constitution was adopted following a national referendum in 2022, after the mass riots. The main change within it is the limitation of presidential terms. Under the new law, the president in Kazakhstan is elected once every seven years, and the same person cannot hold the post for consecutive terms. In 2022, when Tokayev was re-elected early under these new norms, there was a lot of talk about political tricks. His presidential term expires in 2029; there is hope that he will fulfil his obligations and simply stand down. The first constitution of independent Kazakhstan was adopted in January 1993. It incorporated laws on people's sovereignty, the independence of the state, recognition of the Kazakh language as the state language, recognition of the President as the head of state, and recognition of the judicial bodies -- the Supreme, Constitutional, and Higher Arbitration Courts. The 1993 constitution was based on the model of a parliamentary republic. The current constitution was adopted on 30 August 1995, again following a national referendum. However, since 1995, it has been amended five more times: in 1998, 2007, 2011, 2017, and 2019. The most significant changes took place in 2022, after the mass unrest of that January. On May 5, Tokayev announced a referendum on amendments to the constitution. According to him, the purpose of the amendments was 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.” Amendments to 33 articles were prepared. The referendum was held on June 5, 2022, and 77% of those who voted supported the amendments. It is these amendments that are being celebrated today: the constitution that represents the new path that Tokayev's Kazakhstan is taking.

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Banker’s Murder: Former-FBI Director Speaks in Kazakhstan Over High-Stakes Tokmadi Parole Case

Louis Freeh, former director of the U.S. Federal Bureau of Investigation (FBI), will speak at a hearing of the Almaty Oblast Court on August 23 on the case to review the early release of businessman Muratkhan Tokmadi, who in 2018 was sentenced to ten and a half years for the 2004 murder of the BTA Bank chair, Yerzhan Tatishev. On August 9, it was ruled that Tokmadi should be released on parole after serving six and a half years. In 2017, Freeh led a team of U.S. investigators and forensic experts who were brought in by the Tatishev family to look into the death of Yerzhan Tatishev, one of the founders and co-owners of what was at the time Kazakhstan's largest bank. On the morning of the 23rd, Freeh, who served as a U.S. district judge before becoming the fifth director of the FBI, leading the agency from September 1993 to June 2001, shared details of his investigation with the media in Kazakhstan. "In 2018, Murakhan Tokmadi admitted that he killed Tatishev and said that he did it because Mukhtar Ablyazov promised to pay four million dollars. Ablyazov's goal was to gain control of BTA Bank," Freeh told reporters. "His accidental shooting is impossible... The gun didn't go off by itself." The probe and the findings of investigative firm Freeh Group International Solutions (FGIS), part of the law firm Freeh Sporkin & Sullivan LLP (FSS), since acquired by Alix Partners LLP, formed the basis of the original indictment against Tokmadi, after FSS and FGIS staff accessed documents which proved the banker's death was willful. The court hearing into Tokmadi's parole was initiated by the family of the deceased. On December 19, 2004, Yerzhan Tatishev died on a hunting trip whilst driving an SUV in the Zhambyl Region. At the car's wheel pursuing prey across the steppe, Tatishev handed a 12-gauge shotgun to Tokmadi, who was sitting beside him. According to the defense, the SUV suddenly hit a bump, and the gun fired accidentally, with Tatishev receiving a gunshot wound to the head, the bullet passing through his left eye. At the time, the killing was ruled to be an “accident,” with Tokmadi sentenced to one and a half years for manslaughter. One of the witnesses to the incident was the banker's security guard, Sergei Kozlikin, who swiftly fled Kazakhstan, saying he feared for his life. In 2017, the case was reopened, and Tokmadi was charged with extortion and the illegal possession of firearms. In his 2018 testimony, Tokmadi stated that he was fulfilling an order from fugitive oligarch Mukhtar Ablyazov, who was the co-owner of BTA Bank at the time. “Each time I met [Ablyazov] he argued that Yerzhan could not at any instant keep or sustain his word," Tokmadi testified. "He proposed to deal with the problem through the physical elimination of Yerzhan. This would happen during a hunting trip and look like an accidental death. And so it happened.” Some of the documents relating to the investigation - which...

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Nazarbayev’s Nephew Returns $1.6 Billion to Kazakhstan Following Embezzlement Conviction

Kazakhstan's Anti-Corruption Service has completed an investigation into the case of Kairat Satybaldyuly, the nephew of former president Nursultan Nazarbayev. Following the investigation, around 733 billion KZT ($1.6 billion) worth of assets have been returned to the state. In September 2022, Satybaldyuly was sentenced to six years in prison for embezzling funds, and causing damage to companies such as Kazakhtelecom and CTC. In 2023, the investigation was expanded to look into into other crimes that he committed. The full investigation revealed numerous cases of legalization of illegal income and evasion of customs duties. Satybaldyuly pleaded guilty and cooperated with the investigation, allowing the return of assets in Kazakhstan and abroad. Most assets were found in Austria, Liechtenstein, the UAE, and Turkey. The recovered assets included 28.8% of shares of the national telecom operator Kazakhtelecom, assets of CTC JSC, and stakes in four companies. The state has also recovered 115 real estate objects in Kazakhstan, including buildings, apartments, and land plots. The returned assets include luxury real estate and jewellery confiscated in various countries.

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Greek Reports: Captain of Boat Carrying Kazakhs Says Hydra Fire Was His Fault

The captain of a luxury boat that was carrying Kazakh tourists when it was linked to a forest fire on the Greek tourist island of Hydra in June has taken responsibility for the blaze, according to Greek media. While some circumstances surrounding the fire remain unclear, the statement by the captain undercuts suspicion that initially fell on the group of tourists including Daniyar Abulgazin, who has shares in multiple Kazakh companies and is one of Kazakhstan’s wealthiest business executives. Abulgazin, who rented the boat, had denied wrongdoing in connection with the fire and said he had left Greece as previously scheduled on June 22 after speaking with “representatives of the Greek authorities.” The captain, who is in detention and faces arson charges, said he launched fireworks, one of which landed in the forest and started the wildfire, protothema.gr reported last week. The acknowledgement reversed his earlier account that no fireworks were set off from the vessel. The Greek media outlet did not identify the captain. A dozen other crewmembers were arrested after the fire. Most were released on bail. Prosecutors also filed charges of complicity in arson against the Kazakh passengers, Greek media have said. But the captain’s new testimony, delivered early this month, exonerates “the other crew members and the foreign multimillionaire charterers of the yacht,” ekathimerini.com reported. Abulgazin had referred to “incorrect and misleading” media reports, expressing regret about the fire and promising to cooperate with the Greek investigation.

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Is Kazakhstan Preparing to Take on the Oil Consortium “Whales”?

The filed lawsuits and environmental claims totaling $159.6 billion against the consortiums operating the Kashagan and Karachaganak fields reflect the Kazakhstani government’s intention to revise the largest oil & gas contracts. Kazakhstan, due to drought in Central Asia and a drop in oil production after the expiration of major oil & gas contracts by 2040, will likely look like Arrakis, the fictional desert planet from Dune: Part Two over whose valuable commodity the Great Houses struggle. Meanwhile, the Dune sandworms, which produce the spice needed by all the planets, resemble the consortiums developing the Tengiz, Karachaganak, and Kashagan fields – just as huge and just as rare, with almost no such production sharing agreements (PSAs) with 40-year stabilization contracts left in the world. In Kazakhstan, the three operators are known as the “three whales.” What’s going on At the beginning of April 2024, Bloomberg published an article about the claims exceeding $16.5 billion brought forward by Kazakhstan, through PSA LLP, against the consortiums North Caspian Operating Company (NCOC), which is developing the offshore Kashagan field, and Karachaganak Petroleum Operating (KPO). The environmental regulator for the Atyrau region has additionally filed a claim for $5.1 billion against NCOC, while another lawsuit for $138 billion of lost revenue has been launched. Consortium Amount of PSA claim Environmental fine Total NCOC $13 billion + $138 billion $5.1 billion $156.1 billion KPO $3.5 billion $3.5 billion The total amount is possibly the largest in the world for the oil & gas sector. Since 2016, PSA LLP has been the authorized state institution in the production sharing agreements for NCOC, KPO, and the Dunga project (previously owned by Total E&P Dunga GmbH; in November 2023, the state-owned KazMunayGas bought the TotalEnergies stake for an estimated $300 million). Kazakhstan’s Ministry of Energy is currently entrusted to run PSA LLP, while the stakes in Karachaganak and Kashagan are held by KazMunayGas (KMG) and the sovereign wealth fund Samruk-Kazyna (SK). The international arbitration claims followed inspections in 2013-20 that revealed costs not agreed upon with the Kazakhstani government (costs are reimbursed from oil revenues), along with failure to hit planned oil production targets and violations during tenders, etc. The initial amount of the lawsuit against NCOC was raised from $13 billion to $15 billion. The new claim for $138 billion relates to lost revenue “reflecting the calculation of the value of oil production that was promised to the government but not delivered by the field developers,” Bloomberg reported, citing sources familiar with the matter. The $5.1 billion fine levied by regional environmental regulators against NCOC has to do with the storage of excessive amounts of sulfur on site (more than a million tons more than permitted), as well as 10 other Administrative Code violations. Later, however, a court partially satisfied the consortium’s appeal. Deputy General Director of PSA LLP Nurlan Serik has made clear that Kazakhstan intends to challenge the consortium’s costs and failure to fulfil plans only through courts. According to various estimates, about $60...

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Controversy and Confrontation Surround LGBT Issues in Kazakhstan

The situation surrounding the so-called “LGBT propaganda” conversation continues to heat up in Kazakhstan. Known for its controversial initiatives and stances, earlier this year the Parents' Union published a petition demanding a ban on demonstrations of non-traditional relationships in the country. The petition gained over 50,000 signatures, meaning Kazakhstan’s Ministry of Culture and Information must consider it under a law passed following Tokayev’s promise of a more engaged and aware “listening state.” However, UN experts have warned that Kazakhstan should not accept the petition for consideration, as it would seriously damage the republic's image in the international arena. The authors of the petition “We are against open and hidden propaganda of LGBT in Kazakhstan,” published on the official portal E-Petition.kz, is the Kazakhstan Union of Parents. The Ministry of Culture reported that according to Article 90-4 of the Administrative Procedural Code of the Republic of Kazakhstan, the petition should be considered. A working group, which includes representatives of interested parties, state bodies, and public associations, has been established, and hearings are underway. [caption id="attachment_21311" align="aligncenter" width="598"] Poster of Kazakh composer Kurmangazy Sagyrbaiuly and Russian poet Aleksandr Pushkin, Havas Worldwide, Facebook[/caption] UN warning On July 31, UN experts said Kazakhstan should reject the petition calling for a law banning gay propaganda. The statement was attributed to Graham Reed, Independent Expert on the Protection against Violence and Discrimination on the Basis of Sexual Orientation and Gender, Irene Khan, UN Special Rapporteur on the right to freedom of opinion and expression, Mary Llor, Special Rapporteur on the situation of human rights defenders, Gina Romero Rodriguez, Special Rapporteur on the right to freedom of peaceful assembly, and Farida Shaheed, Special Rapporteur on the right to education. "The Government of Kazakhstan should reject the petition it is considering for legislation that violates freedom of expression, peaceful assembly, and association based on sexual orientation and gender identity. The petition itself is based on prejudice, and any legislation resulting from it inevitably and unlawfully tramples on human rights,” the UN experts stated. In their opinion, the call for a ban on propaganda of the LGBT movement contradicts the Administrative Procedure Code of Kazakhstan. According to it, the government is prohibited from considering petitions, the implementation of which may lead to the violations of human rights and freedoms. If the government responds to the petition and adopts a law banning the public expression of lesbian, gay, bisexual, and transgender (LGBT) identity, it would violate many rights, including freedom of expression and equality before the law, as guaranteed by the International Covenant on Civil and Political Rights, which Kazakhstan ratified in 2005. The UN has previously expressed concern about similar bills on so-called “LGBT propaganda” in Kazakhstan, Kyrgyzstan, and the Russian Federation. In Russia, laws against “LGBT propaganda” were introduced in 2013 and were tightened in 2022. A complete legal ban on LGBT propaganda (among people of all ages) was introduced, administrative cases were conducted, and internet resources were blocked. Kyrgyzstan passed a similar law in 2023, effectively...

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