Criminal Responsibility - The Times Of Central Asia

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Woman in Kazakhstan Sentenced for Inciting Ethnic Hatred

In Almaty, a Kazakh woman, Maral Zhalelova, was sentenced to two years in prison for inciting ethnic hatred. The court found that in her video messages in TikTok, she called on Russians to leave Kazakhstan and insulted the ancestors of Kazakh nationality who fought against Nazi Germany during the Second World War. In doing so, she used obscene language and expressed sympathy for Adolf Hitler. Even though Zhalelova did not admit guilt, she apologized for her words. The prosecutor insisted on a five-year sentence, but the court took her apology into account and handed down the minimum sentence, considering that she deserved a “more humane punishment.” The sentence has not been enforced yet. The case began in July 2024 after complaints about Zhalelova's provocative online statements. The investigation recognized that her words offended the feelings and dignity of citizens with Russian nationality, and hurt the memory of ancestors who fought against fascism. During the trial, Zhalelova explained that her reaction was triggered by the events following Russia's invasion of Ukraine. According to her, she sought to support the Kazakh language, but during the broadcasts, insults were directed at her, and she reacted to provocation. In April 2024, another resident of Almaty, Elina Liu, also received two years in prison for making disparaging remarks about the Kazakh people and language, which the court considered as incitement to discord.

Politics Human rights Opposition Government Criminal Responsibility

Tajik Opposition Calls for Global Action Against Rahmon Regime’s Human Rights Violations

According to Azda TV, the Tajik opposition movement “Reform and Development of Tajikistan” has appealed to the governments of the USA, Canada, the United Kingdom, Norway, and countries of the EU, to support efforts for peaceful and constructive dialogue between the Tajik opposition and President Emomali Rahmon’s government. The movement called the global community to help resolve the crisis in Tajikistan, where Rahmon’s regime targets political opposition, civil society, and independent media. They highlighted human rights violations, including extrajudicial killings, arbitrary arrests, and the persecution of journalists, activists, and lawyers. Sharofiddin Gadoev, the movement’s leader, called for key goals, such as freeing political prisoners, ending the repression of journalists and activists, ensuring free speech, and having an independent press. He also called for laws in Tajikistan to meet international human rights standards and for free, fair elections involving all political groups. In this regard, the movement “Reform and Development of Tajikistan” called on the international community for “coordinated actions to protect human rights and support democratic processes in Tajikistan, as well as to strengthen political pressure on Emomali Rahmon.” The movement has said: “Tajikistan is a country with a young population. For this generation, the absence of democratic alternatives and opportunities leads to the risk of radicalization. This vacuum of democratic choice can be used by extremist groups, which threatens not only Tajikistan but all of Central Asia. The country may be on the verge of destabilization in the ongoing crisis and the lack of effective reforms. This will create a stream of refugees and strengthen extremist movements, which will become a serious challenge in the field of security.” The movement is calling on the International Criminal Court to investigate Rahmon’s regime of serious crimes like torture and disappearances. They have asked for help before, urging the release of political prisoners and an end to repression, but so far, the Tajik government has ignored these calls, and human rights abuses continue.

Court Cases Children Children Rights Education Criminal Responsibility

Pupil’s Hand Stabbed by Teacher in Uzbekistan

The publication “Bolalar dunyosi” (“Children’s world”) reports that in one of the schools in the Andijan region of Uzbekistan, a teacher punished a 1st grader by stabbing a needle in her hand and locked the classroom door to prevent the pupil from visiting the toilet. In response, the girl's father filed a complaint with the Internal Affairs Department, accusing the teacher of applying psychological pressure. He explained that his daughter had missed an additional lesson after class, which cost 50,000 UZS (approximately $3.90). The Children’s Ombudsman of Uzbekistan, Surayyo Rahmonova, stated that following an examination of the girl's injury, the issue had been resolved. The case comes in the wake of a previous report by The Times of Central Asia concerning a Tashkent teacher who slapped a student for asking for the Russian language class to be taught in Russian; an event which caused broad public debate in Uzbekistan and a reaction from Russian politicians.

Organized Crime incident Criminal Responsibility Murder Court Cases Crime

Murder and Arson in Talgar: Kazakhs Fear Rising Tide of Organized Crime

On the night of October 4, 16-year-old Sherzat Bolat was killed in the town of Talgar, located in Almaty Oblast near the city of Almaty. The father of the victim blamed the incident on a gang - allegedly operating in Talgar and the surrounding area for many years - with connections to the government and law enforcement agencies. Later, unknown people burned down the family's house, and National Guard troops were brought into Talgar. The situation brings to mind the darkest pages of recent history, when criminal groups held cities and entire neighborhoods in a state of fear. The Talgar tragedy Sherzat Bolat was murdered in front of his father and mother after an incident occurred involving young people who entered the store the Bolat family rented. As stated by the boy's father, the customers refused to pay for a can of beer, and a fight broke out. According to other relatives, the group had knives and firearms. Sherzat's uncle was also injured during the fight and is recovering in hospital. Police initially claimed that all those involved in the incident had been detained, but the parents of the deceased later said that only seven had been arrested, while there were many more attackers. Fearing that the perpetrators would not be brought to justice, on October 7 Sherzat's relatives and concerned citizens of Talgar staged a rally at which Sherzat's father, Karzhaubai Nurymov, claimed that the so-called “Khutorskie” group was responsible for the boy's death. According to multiple reports, the Khutorskie have been terrorizing Talgar and its surroundings areas for many years. Businessman Hasan Kasymbayev allegedly runs the group, whilst sources also mention his brothers, including Yerzhan Kasymbayev, who was sentenced to 14 years for the murder of customs officer Medet Zhamashev, and Aslan Kasymbayev, head of the Talgar district Akim's (mayoral) office. In addition, the Kasymbayevs are said to be related to an official who once held high positions in law enforcement agencies. According to concerned residents of Talgar, the perpetrators of the boy's murder may be able to avoid justice due to their connections. In a statement, the acting head of the regional police department denied the involvement of any organized crime groups in the murder; the investigation has now been taken over by the Ministry of the Internal Affairs, which has dispatched a team to the scene of the crime. In an interview, Hasan Kasymbayev, who posted controversial photos on social networks, categorically denied his involvement in the murder of the teenager and any participation in an organized crime group. Despite assurances from officials, on October 12, the house of Sherzat's family in the village of Azat, Yenbekshikazakh district, Almaty region, was burned down. Police opened a criminal case and took the murdered teenager's family into protective custody. The house was empty at the time of the fire. The murder and arson have caused a sharp reaction in Talgar and led to a wider reverberations throughout Kazakhstan. Former Minister of Education and Mazhilis deputy, Askhat Aimagambetov, stated...

Justice Criminal Responsibility World Justice Project Legislation Rule of law

World Justice Project: Kazakhstan Leads, Uzbekistan Improves, Kyrgyzstan Drops

The World Justice Project has announced the 2023 ranking of countries based on the rule of law. The ranking is based on eight indicators across 142 countries, which include constraints on government powers, the absence of corruption, open government, fundamental rights, order and security, regulatory enforcement, civil justice, and criminal justice. Denmark, Norway, and Finland occupy the highest places on the list. Kazakhstan has the highest score among the countries of Central Asia, placing in 65th. The country's ranking in terms of corruption, order and security, and civil justice all improved. Uzbekistan placed in 78th, with its indicators for order and security particularly high; the state is listed 17th in this category, with indicators for the absence of corruption also positive. Both Kazakhstan and Uzbekistan have improved their ranking by 2 points compared to last year. Kyrgyzstan, meanwhile, dropped one place to 103rd, whilst Tajikistan and Turkmenistan are not included in the rankings.

Legislation teenager teens Criminal Responsibility Criminal Executive Code Crime

Kazakhstan Proposes Lowering Age of Criminal Responsibility

Kazakhstan has proposed lowering the age of criminal responsibility Leading the initiative at a plenary session, Mazhilis 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.