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Kazakhstan

Executive Summary

The Republic of Kazakhstan’s government and constitution concentrate power in the presidency. Kassym-Jomart Tokayev became president after June 2019 elections that were marked, according to an observation mission by the Organization for Security and Cooperation in Europe’s Office for Democratic Institutions and Human Rights, by election day violations, including ballot stuffing and falsification of vote counts; restrictions on the freedoms of assembly, expression, and association; and “scant respect for democratic standards” overall. Former president Nursultan Nazarbayev enjoys broad, lifetime legal authority over a range of government functions. The executive branch controls the legislature and the judiciary, as well as regional and local governments. Changes or amendments to the constitution require presidential consent. On August 12, in the country’s only national election during the year, the legislatures of oblasts and cities of national significance chose 17 of 49 senators for parliament’s upper house in an indirect election tightly controlled by local governors working in coordination with the presidential administration.

The Ministry of Internal Affairs supervises the national police force, which has primary responsibility for internal security. The Committee for National Security also oversees internal and border security, as well as national security, antiterrorism efforts, and the investigation and interdiction of illegal or unregistered groups, such as extremist groups, military groups, political parties, religious groups, and trade unions. The committee reports directly to the president, and its chairman sits on the Security Council, chaired by former president Nazarbayev. Civilian authorities maintained effective control over the security forces. Security forces committed abuses.

Significant human rights issues included: unlawful or arbitrary killing by or on behalf of the government; torture by and on behalf of the government; political prisoners; problems with the independence of the judiciary; restrictions on free expression, the press, and the internet; interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; corruption; trafficking in persons; and restrictions on workers’ freedom of association.

The government selectively prosecuted officials who committed abuses, especially in high-profile corruption cases. Nonetheless, corruption remained widespread, and impunity existed for many in positions of authority as well as for those connected to law enforcement entities.

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The law prohibits torture; nevertheless, there were reports that police and prison officials tortured and abused detainees. Human rights activists asserted the domestic legal definition of torture was noncompliant with the definition of torture in the UN Convention against Torture.

The National Preventive Mechanism against Torture (NPM) was established by law as part of the government’s Office of the Human Rights Ombudsman. According to public statements by Ombudsman Azimova in September, the number of prisoner complaints about torture and other abuse increased in comparison to 2019. During the first 10 months of the year, her office received 125 complaints about torture and cruel treatment, compared to 84 throughout 2019. The NPM reported that 121 criminal cases were registered from those complaints and 23 individuals were convicted of torture. In 2019 the Prosecutor General’s Office reported 136 complaints of torture in the first six months of the year, of which five were forwarded to courts following investigation.

The ombudsman also criticized what she termed “the widely practiced GULAG-style treatment” of prisoners and suggested that the lack of education and monitoring were the reasons for that lingering problem. She called for regular training of the staff of penitentiary institutions and an update of the penitentiary system’s rules to provide for more effective interaction with the NPM to make it impossible for prison staff to conceal incidents of torture.

Cases of prison officers being brought to justice for torture were rare, and officers often received light punishment.

On February 3, the Kapshagay district court convicted seven officers of Zarechniy prison of torture. The court sentenced Deputy Director for Behavioral Correction Arman Shabdenov and Deputy Director for Operations Jexenov to seven years in jail, and the others received sentences ranging from five to six years in jail.

On April 1, Yerbolat Askarov, director of the operations unit of a prison in Shakhtinsk near Karaganda, was sentenced to two-and-a-half years’ probation for torturing prisoners in addition to a three-year ban on work in penitentiary institutions. On January 23, more than 200 prisoners in Uralsk prison RU-170/3 were severely beaten by National Guard soldiers brought in by prison administrators to search for contraband. A prisoner’s relative contacted human rights activists about the incident, and the next day NPM representatives led by a local human rights activist visited the prison and listened to prisoners describe their treatment. Prisoners stated that the soldiers beat prisoners, kept them outdoors in frigid temperatures for three hours with inadequate clothing, destroyed personal items, and verbally abused them. After the raid prison officials did not let prisoners visit the infirmary. NPM representatives collected 99 written complaints, and the Penitentiary Committee and prosecutors promised to investigate all allegations. A similar incident occurred in that same prison a year prior, but no one was held responsible for either incident.

Section 2. Respect for Civil Liberties, Including:

Freedom of Association

The law provides for limited freedom of association, but there were significant restrictions on this right. Any public organization set up by citizens, including religious groups, must be registered with the Ministry of Justice, as well as with the local departments of justice in every region in which the organization conducts activities. The law requires public or religious associations to define their specific activities, and any association that acts outside the scope of its charter may be warned, fined, suspended, or ultimately banned. Participation in unregistered public organizations may result in administrative or criminal penalties, such as fines, imprisonment, the closure of an organization, or suspension of its activities.

NGOs reported some difficulty in registering public associations. According to government information, these difficulties were due to discrepancies in the submitted documents (see section 5, Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Abuses of Human Rights).

Membership organizations other than religious groups, which are covered under separate legislation, must have at least 10 members to register at the local level and must have branches in more than one-half the country’s regions for national registration (see sections 3, Political Parties and Political Participation, and 7.a., Freedom of Association and the Right to Collective Bargaining).

By law all “nongovernment organizations, subsidiaries, and representative offices of foreign and international noncommercial organizations” are required to provide information on “their activities, including information regarding the founders, assets, sources of their funds and what they are spent on….” An “authorized body” may initiate a “verification” of the information submitted based on information received in mass media reports, complaints from individuals and entities, or other subjective sources. Untimely or inaccurate information contained in the report, discovered during verification, is an administrative offense and may carry fines up to 63,125 tenge ($164) or suspension for three months if the violation is not rectified or is repeated within one year. In extreme cases criminal penalties are possible, which may lead to a large fine, suspension, or closure of the organization.

The law prohibits illegal interference by members of public associations in the activities of the government, with a fine of up to 404,000 tenge ($1,050) or imprisonment for up to 40 days. If committed by the leader of the organization, the fine may be up to 505,000 tenge ($1,310) or imprisonment for no more than 50 days. The law did not clearly define “illegal interference.”

By law a public association, along with its leaders and members, may face fines for performing activities outside its charter. The law was not clear regarding the delineation between actions an NGO member may take in his or her private capacity versus as part of an organization.

The law establishes broad reporting requirements concerning the receipt and expenditure of foreign funds or assets; it also requires labeling all publications produced with support from foreign funds. The law also sets out administrative and criminal penalties for noncompliance with these requirements and potential restrictions on the conduct of meetings, protests, and similar activities organized with foreign funds.

In November a group of 13 NGOs that receive foreign funds reported heightened scrutiny by tax authorities, which some of the NGOs stated was likely motivated by the NGOs’ planned activities around parliamentary elections on January 10, 2021. The NGOs reportedly received notifications from tax authorities about discrepancies in their 2017-18 foreign grants reports, which the NGOs claimed were typographical errors and minor technical inaccuracies. The penalties the tax authorities proposed, administrative fines of 555,600 tenge ($1,300) and suspension of activities, were not commensurate with the alleged errors. None of the NGOs was accused of evading taxes, inappropriate spending of funds, or other unlawful tax-related actions.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Acts of Violence, Criminalization, and Other Abuses Based on Sexual Orientation and Gender Identity

According to the constitution, no one shall be subjected to any discrimination for reasons of origin; occupational, social, or property status; sex; race; nationality; language; religion or belief; place of residence; or any other circumstances. The country does not criminalize consensual same-sex sexual activity.

Although gender reassignment documentation exists, the law requires a transgender person to fulfill psychiatric and physical requirements (such as undergoing gender reassignment surgery) before being able to receive identity documents that align with the person’s outward gender. Many individuals lived with nonconforming documents for years and reported problems with securing employment, housing, and health care. Activists expressed concerns about the country’s new health law passed in July. The law sets the age of eligibility for gender reassignment at 21 (note: the UN Human Rights Council recommends 18). The law also added behavioral disorders to the reasons for denial of gender reassignment, which expanded the categories of persons who could be denied such treatments.

Prosecutions of anti-LGBTI violence were rare. There were reports of anti-LGBTI violence, but there were no government statistics on discrimination or violence based on sexual orientation or gender identity. According to a 2017 NGO survey within the LGBTI community, 48 percent of respondents experienced violence or hate because of their sexual orientation, and 56 percent responded they knew someone who suffered from violence. The most frequent forms of abuse were verbal insults, harassment, interference in private life, and physical assaults.

NGOs reported members of the LGBTI community seldom turned to law enforcement agencies to report violence against them because they feared hostility, ridicule, and violence. They were reluctant to use mechanisms such as the national commissioner for human rights to seek remedies for harms inflicted because they did not trust these mechanisms to safeguard their identities, especially with regard to employment.

In September 2019 Nur-Sultan police reported that two men were under pretrial detention for the investigation of sexual assault, beating, and extortion of a 21-year-old gay man in July. A medical examination showed that the man sustained serious injuries after he was attacked in an apartment. In December 2019 a court sentenced each abuser to six years of incarceration.

Activists told media that beating, extortion, and harassment of LGBTI individuals were not uncommon, although typically unreported. Human rights activists reported that the COVID-19 pandemic situation also impacted LGBTI communities negatively. Locked down in their houses, they often endured stress and abuse from family members who resented their status. Transgender persons were vulnerable to abuse during security checks by police patrols due to their lack of appropriate identification. Transgender persons were among the first whom employers dismissed from jobs because they often worked without official contracts, and they were often not eligible to relieve programs offered by the government to support needy individuals. Transgender persons, like many during the lockdowns, also faced difficulties receiving needed medical care because health facilities were restricted or closed. They often could not get necessary medicines, because they were not available in small pharmacies in their neighborhoods, or they could not afford them.

In July 2019 Victoria Berkkhodjayeva, a transgender woman serving a sentence in Zhaugashty, Almaty region, told authorities that she had been raped three times by a KNB officer. Berkkhodjayeva reported the incident to the Prosecutor General’s Office and the Anticorruption Agency. Almaty region police launched an investigation. In October 2019 media further reported that authorities had placed Sani Abdikash, the KNB officer suspected of rape, under arrest based on the results of forensic tests. On February 18, court proceedings began in a district court in Almaty province. In October, the Ile district court in Almaty found Abdikash guilty of rape and sentenced him to five and one-half years of imprisonment.

HIV and AIDS Social Stigma

The law prohibits discrimination against persons with HIV and AIDS, but stigma remained and resulted in societal discrimination that continued to affect access to information, services, treatment, and care. The National Center for AIDS provides free diagnosis and treatment to all citizens.

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