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As Bishimbayev Case Continues, Kazakhstan Toughens Domestic Violence Laws

While a court in Astana tries former economy minister Kuandyk Bishimbayev for murdering his wife Saltanat Nukenova, the Kazakhstani Senate has passed a law strengthening protections for women and children against domestic violence. The new law, if properly implemented, can hand out much harsher punishments to those who abuse those closest to them. In particular, a term of life imprisonment has been introduced for the murder of a minor child.   In the Face of Widespread Indifference The trial of Bishimbayev – and his relative Bakhytzhan Baizhanov, who is accused of failing to report the murder - has uncovered an uncomfortable truth. Many people already knew that Bishimbayev beat his wife, who died last November. Relatives and close acquaintances of the victim recounted details in court about bruises on Nukenova's face. On the day of her death, a number of witnesses saw Bishimbayev arguing with, and possibly beating, Nukenova. Many of these witnesses are employees of the restaurant where the alleged murder took place. Baizhanov admitted under interrogation that he saw blood as Nukenova was laying motionless, but, on the orders of Bishimbayev, had the restaurant's surveillance tapes deleted, and then drove Nukenova's phone around the city, so that it would seem later that she was still alive at the time. According to Baizhanov, he "did not know and did not realize" that Nukenova was dying. However, a forensics expert testified in court that the nature of Nukenova's injuries indicated serious beatings, not "light slaps and falls," as Bishimbayev had previously claimed. Examinations confirmed that Nukenova died of multiple brain injuries and a lack of oxygen, likely as a result of asphyxiation.   Will the New Law Help Stop Violence?  Kazakhstanis are closely following the legal proceedings that have resulted from Nukenova's death, and are organizing viral online actions and rallies in her memory in cities across Europe. Human rights activists and ordinary Kazakhstanis fought long and hard for domestic violence to be criminalized. Under the new law, criminal liability will be applied to any intentional infliction of harm to health, however minor. The Code "On marriage (matrimony) and family" establishes the legal status of family support centers and the functions they perform, and establishes helplines for information and psychological assistance relating to women's and children's rights. The law also contains many measures aimed at protecting children in public and online. Activists are still cautious about the new law, and argue that much will depend on its practical application and the amount of funds allocated to it. Support centers for victims of violence receive many calls per day, and physically cannot provide assistance to all those in need.   Central Asia's Changing Attitudes to Domestic Violence The other countries in Central Asia face a similar, and perhaps more difficult, situation. Uzbekistan, for example, adopted a law last year to give women and children more protection against domestic violence. Domestic violence in Uzbekistan is subject to administrative and criminal liability, and harassment has been made a crime. The sentences for sexual...

Online Viral Action #ZaSaltanat: Women of Kazakhstan Oppose Stereotypes About Domestic Violence

The trial of Former Minister of National Economy of Kazakhstan, Kuandyk Bishimbayev, accused of murdering his wife, Saltanat Nukenova, continues. During the hearing, Bishimbayev's lawyers have repeatedly attempted to emphasize that Saltanat, who died from a beating, led a promiscuous lifestyle, including the constant consumption of alcohol. Such arguments caused great displeasure on the part of Dina Tansari, head of the NeMolchy.kz fund, who expressed her support for the deceased and launched an online flashmob action, #ZaSaltanat. "Bishimbayev's lawyers are trying to blame the deceased Saltanat for her life choices. But what is source of this blame - the fact that she could have had a glass of wine or any other beverage? Join me. Post your pictures with a glass and the caption: 'If you see me with a glass of wine, it doesn't mean it's okay to kill me!'," Tansari urged. Thousands of women from Kazakhstan supported the viral action, posting photos with a glass of wine on social media to draw attention to the spurious claims of the ex-minister and his advocats. Media personalities, actresses, TV presenters, public figures and ordinary housewives joined the action, emphasizing the importance of drawing attention to this tragedy and supporting the victims of domestic violence.

Trial of Former Minister Bishimbayev Charged with Murdering Wife Begins

On March 27, the trial of former Minister of the Economy, Kuandyk Bishimbayev, who is accused of murdering his wife, Saltanat Nukenova, began in Astana. A live broadcast of the trial was available on the YouTube channel of the Supreme Court. Preliminary hearings in the case against former Minister, Kuandyk Bishimbayev had begun on March 11, with the indictment being read out and the defense filing a motion asking for a jury trial. In court yesterday, the prosecutor, Aizhan Aimaganova read out a long list of injuries sustained by Nukenova as revealed during her autopsy: "Closed craniocerebral trauma, multiple abrasions, facial bruising, splinter fracture of the nasal bones, wounds to the chin area, hemorrhage in the soft tissues of the face, head, and occipital area, and acute subdural hematoma. When analyzing Nukenova's internal organs, no narcotic, medicinal or psychotropic substances were found," Aimaganova added. "Kuandyk Bishimbayev is accused of causing physical and mental suffering by means of systematic beatings or other violent actions committed against a person who was financially dependent on the perpetrator," the prosecution stated. Following the prosecutor's speech, the judge asked the defendant for his plea, to which Bishimbayev replied “not guilty” before explaining the reasons for his response. "I didn't have a chance to tell my story at the pre-trial investigation, not anywhere. At all. Everything read out by the prosecutor are largely fabrications, for which there is no confirmation or evidence. According to Article 110, I have not committed such a crime at all. Therefore, I do not admit my guilt," Bishimbayev stated, adding that he hoped for an opportunity to express himself thoroughly. To the next count, namely article 99, part 2, paragraph 5, "Murder committed with particular cruelty," Beshimbayev also pled not guilty, stating that "I did not commit the premeditated murder of a human being with particular cruelty." Also in court accused of concealing a serious crime, Bakhytzhan Baizhanov, the director of BAU's Gastro-center where the crime allegedly took place, said he was not sure if he had committed this crime. "I confess that I asked to delete the video recordings [from the surveillance cameras] and asked to take Saltanat's phone home [to hide the geolocation]. I don't know if I committed a crime. At that time, I didn’t know whether Saltanat was dying or dead," Baizhanov said. The next session in the case is scheduled for March 29.   What Bishimbayev is accused of: Article 110, part 2, paragraph 1, item 1 of the Criminal Code: "Causing physical and mental suffering by systematic beatings with violent actions committed against a person who is materially dependent on the perpetrator"; Article 99, part 2, paragraph 5: "Murder committed with particular cruelty"; Article 14, paragraph 2 - according to the prosecution's version, Bishimbayev's actions are considered a dangerous recidivism of this crime. The law states that “Dangerous repetition of crimes shall be recognized as commission by person.”

Scandal on Khabar TV Raises Discussions About Domestic Violence in Kazakhstan

A scandal which erupted on Kazakhstan's state television channel, Khabar, has caused huge public outrage. At the center of events was a woman named Gulmira, who had suffered years of abuse at the hands of her husband. Her story became the subject of discussion on the talk show, Birak, which is dedicated to family relations. On Khabar, Gulmira spoke about the eighteen years of beatings and violence she had suffered in her marriage. She ran away from her hard drinking husband with her six children, but he found her in Astana, and arranged another humiliation, with the talk show hosts secretly and without any warning bringing her husband to the studio, which caused Gulmira to break down live on air. The shows hosts even tried to reconcile the spouses, which only served to aggravate the already extremely strained situation. On social networks, the public actively discussed the abhorrent behavior of the presenters and espoused their support for Gulmira. Videos were created which commented on the show, and many media outlets spoke out in defense of the woman, emphasizing the fact that such things should not be staged on national television. As a result of the wave of indignation, the state television channel Khabar decided to stop airing the talk show Birak. The Minister of Culture and Information of Kazakhstan, Aida Balayeva, promised to shut down the talk show, stating that the problem of family violence requires serious attention. This event took place against the background of huge public attention on the trial of former Minister of the National Economy, Kuandyk Bishembayev, who is accused of murdering his wife. In such an environment, any justification for the actions of an aggressor on state TV was deemed hugely inappropriate and only served to highlight the issue of domestic violence.

Central Asia’s First Center for the Support of Women and Girls to Open in Kyrgyzstan

Women whose rights are violated at home and at work will now be able to receive protection at a special center, according to the Kyrgyz Republic's Ministry of Labor, Social Security and Migration. It will be the first such center in Central Asia in support of female victims of violence, and will offer women and girls free psychological and legal assistance, as well as medical examinations. "When the one-stop shop opens, women and girls will receive all necessary services in one place, namely investigative and forensic medical examinations, as well as legal and psychological assistance," Deputy  Minister of Labor, Social Security and Migration, Zhanyl Alybayeva said at a meeting with international organizations and human rights activists. Alybayeva stated that the UN Office on Drugs and Crime is providing technical support for the center's opening. According to statistics, the number of cases of domestic violence against women in Kyrgyzstan today remains high. In 2022, according to official data, 8,620 cases of domestic violence against women were registered, and in the first 10 months of 2023, there were more than 8,000 instances. The majority of those who contacted law enforcement are women between the age of 18 and 34. At the end of last year, parliament ratified the international convention on the eradication of violence and harassment in the field of labor. A draft law "on amendments to some legislative acts of the Kyrgyz Republic in the field of protection and defense against family, sexual and gender violence" was also put forward. In their debate, MPs noted that most women who suffer from violence do not turn to law enforcement, and therefore the real figures are almost certainly much higher. The new bill also stipulates that perpetrators of violence within the family must temporarily leave the dwelling they share with the victim. "After an act of violence within the family, victims usually move out to acquaintances or to crisis centers, and then the family collapses," MP Dinara Ashimova said. "With this bill, we propose that it should be the accused who has to leave. Even when he returns, there will be a greater likelihood that the spouses will reconcile and the family will be preserved." Currently, ratification of the international convention is awaiting President Japarov's signature.

Uzbekistan to Strengthen Protections Against Domestic Violence

Following a project board meeting on February 7th, the UNDP has released plans to provide free legal aid in criminal proceedings for victims of domestic and gender-based violence. In April 2023, Uzbekistan followed Georgia, Moldova, Kyrgyzstan and Ukraine in criminalizing domestic violence. The impetus for this was the ever-increasing number of sex crimes perpetrated on women and minors. For example, in 2019, 99 people were convicted of sexual offenses involving a child under the age of 16, but by 2022, that number was 238. Last April, President Mirziyoyev signed amendments to legislation on the protection of the rights and freedoms of women and children. Experts from both within the government and NGOs, as well as activists from the Nemolchi.uz project, which helps protect women and children from violence, worked on the changes. The new version removes the right for perpetrators of sexual violence to use the argument of mitigating circumstances, and abolishes the right to early parole. Forced abortions can also be punishable by up to three years of correctional labor under certain circumstances. In addition, offenders who have committed sexual violence against a minor will no longer be able to use the argument that they did not know the victim's real age. One of the most anticipated innovations was the criminalization of domestic violence. According to the Committee of Family and Women of Uzbekistan, 21,871 protection orders were issued to victims of harassment and violence in the first seven months of 2023 alone. In 84.7% of those cases, the violence occurred within the family. Administrative or criminal punishment was meted out corresponding to 5,495 protection orders. In Uzbekistan, the overwhelming majority of families adhere to traditional patterns and recognize the dominant position of men as head of the family. Very often, women suffering from domestic violence do not speak about their issues out of fear of condemnation by their families and communities. In addition, such victims are usually financially dependent on the aggressor. In rural areas, girls are married off at a young age without receiving any education. As the UN Development Program (UNDP) Resident Representative in Uzbekistan, Matilda Dimovska observes, "criminalizing public sexual harassment is an important step in combating violence against girls and women. It is a logical continuation of the commitment to gender equality demonstrated at the highest level in Uzbekistan. The adopted legislation makes harassment in public places an administrative offense punishable by a fine of $60-150." In 2023, 666 people were convicted of sexual harassment in Uzbekistan. In recent years, along with its international partners, Uzbekistan has made tangible progress in combating violence against women and children. With UNDP support, a mobile application called Najot (Salvation) was developed with the aim of protecting the rights of victims of violence and providing them with timely assistance. The UNDP also launched a pilot initiative, Call Umida in Uzbekistan in March 2022. "Umida" means hope in Uzbek, and is a common name among women. Places and businesses that have joined the initiative are set up to immediately...