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Rule of law

Former Prosecutor General Beknazarov Detained in Kyrgyzstan

A former member of the Provisional Government and former Prosecutor General, Azimbek Beknazarov, has been detained in Kyrgyzstan. The State Committee for National Security (SCNS) said he is suspected of embezzling significant sums of money. The money in question was seized in April 2010 from bank boxes and the Government House during the revolutionary events. The investigation found that Beknazarov, then a member of the Provisional Government, was involved in the theft of these funds through the purchase of expensive real estate in Kyrgyzstan, including in Issyk-Kul, Bishkek, and the Chui and Jalal-Abad regions. “On September 12, 2024, A. Beknazarov was detained and placed in the temporary detention facility of the SIZO of the SCNS KR on suspicion of committing a crime under Article 222 part 3 p.3 of the Criminal Code of the Kyrgyz Republic (Legalization, laundering of criminal proceeds in large amounts),” the SCNS said in a statement. According to the investigation, the funds were allegedly seized from several bank boxes with the permission of the Bishkek prosecutor. At that time, $21 million belonged to President Kurmanbek Bakiyev's cronies. These funds were transferred to the National Bank for safekeeping. However, according to unconfirmed reports, the seized funds may have reached $100 million, which led to rumors that some money did not get into the vault. Azimbek Beknazarov is one of the key figures in Kyrgyz political life. He served as Prosecutor General and Deputy Prime Minister of Roza Otunbayeva's interim government from 2005 to 2010. Beknazarov was also actively involved in the coups d'état of 2005 and 2010, for which he was nicknamed “the bulldozer of revolutions.” The politician was also among the defendants in the “Kempir-Abad case”, in which he was acquitted in June 2024 with his associates.

Justice

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 Kassym-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.

Legislation

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...

Rule of law

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

Legislation

Uzbekistan Brings Home Citizens Convicted Abroad

On August 13, Uzbekistan amended its Code of Criminal Procedure to compel Uzbekistan's citizens who have been imprisoned for crimes in certain foreign countries to serve the rest of their sentences in Uzbekistan. Uzbekistan has so far signed agreements with only 10 countries for imprisoned persons to be transferred to prisons in Uzbekistan to continue serving their sentences. According to Sherzod Tokhtashev, a politician from the government-aligned Miliy Tiklanish (National Revival) party, this law does not concern Uzbeks currently imprisoned in Russia. He did however mention that there are separate appeals in parliament to return Uzbek nationals convicted of crimes in Russia to domestic jails. At the same time, there are also calls for these prisoners' families to be brought home. “We receive requests to return children and relatives of Uzbeks from Russian prisons to Uzbekistan. Due to the lack of an agreement with Russia on the exchange of prisoners, everyone is helpless,” said Tokhtashev. According to Uzbek government, 20 citizens of Uzbekistan are currently serving terms in Italy, 250 in Turkey, and more than 450 in Kazakhstan.

Rule of law

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.