The Republic of Kazakhstan’s government system and constitution concentrate power in the presidency. The presidential administration controls the government, the legislature, and judiciary as well as regional and local governments. Changes or amendments to the constitution require presidential consent. The 2015 presidential election, in which President Nazarbayev received 98 percent of the vote, was marked by irregularities and lacked genuine political competition. The president’s Nur Otan Party won 82 percent of the vote in the 2016 election for the Mazhilis (lower house of parliament). The Organization for Security and Cooperation in Europe (OSCE)/Office for Democratic Institutions and Human Rights (ODIHR) observation mission judged the country continued to require considerable progress to meet its OSCE commitments for democratic elections. In June 2017 the country selected 16 of 47 senators and members of the parliament’s upper house in an indirect election tightly controlled by local governors working in concurrence with the presidential administration.
Civilian authorities maintained effective control over the security forces.
Human rights issues included torture; political prisoners; censorship; site blocking; criminalization of libel; restrictions on religion; substantial interference with the rights of peaceful assembly and freedom of association; restrictions on political participation; corruption; and restrictions on independent trade unions.
The government selectively prosecuted officials who committed abuses, especially in high-profile corruption cases; corruption remained widespread, and impunity existed for those in positions of authority as well as for those connected to government or law enforcement officials.
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, police and prison officials allegedly 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 (NPM) against Torture came into force in 2014 when the prime minister signed rules permitting the monitoring of institutions. The NPM is part of the Office of the Human Rights Ombudsman and thus is not independent of the government. The Human Rights Ombudsman reported receiving 135 complaints alleging torture, violence, and other cruel and degrading treatment and punishment in 2017. In its April report covering activities in 2017, the NPM reported that despite some progress, problems with human rights abuses in prisons and temporary detention centers remained serious. Concerns included poor health and sanitary conditions; high risk of torture during search, investigation, and transit to other facilities; lack of feedback from prosecutors on investigation of torture complaints; lack of communication with families; discrimination against prisoners in vulnerable groups, including prisoners with disabilities, lesbian, gay, bisexual, transgender, and intersex (LGBTI) prisoners, prisoners with HIV/AIDS, and other persons from vulnerable groups; and a lack of secure channels for submission of complaints. The report disclosed the problem of so-called voluntary assistants who are used to control other prisoners. Some observers commented that NPM staff lacked sufficient knowledge and training to recognize instances of torture.
In its official report, the prosecutor general indicated 103 cases of torture in the first seven months of the year, of which 16 cases were investigated and forwarded to courts.
Prison and Detention Center Conditions
Prison conditions were generally harsh and sometimes life-threatening, and facilities did not meet international health standards. Health problems among prisoners went untreated in many cases, or prison conditions exacerbated them. Prisons faced serious shortage of medical staff.
Physical Conditions: According to Prison Reform International (PRI), although men and women were held separately and pretrial detainees were held separately from convicted prisoners, during transitions from temporary detention centers, pretrial detention, and prisons, youth often were held with adults.
Abuse occurred in police cells, pretrial detention facilities, and prisons. Observers cited the lack of professional training programs for administrators as the primary cause of mistreatment.
To address infrastructural problems in prisons, authorities closed the eight prisons with the worst conditions. The NPM reported continuing infrastructure problems in prisons, such as unsatisfactory sanitary and hygiene conditions, including poor plumbing and sewerage systems and unsanitary bedding. It also reported shortages of medical staff and insufficient medicine, as well as problems of mobility for prisoners with disabilities. In many places the NPM noted restricted connectivity with the outside world and limited access to information regarding prisoners’ rights. PRI reported that there is widespread concern concerning food and nutrition quality in prisons. Prisoners and former prisoners have complained about their provisions and reported that they were served food past its shelf life.
The government did not publish statistics on the number of deaths, suicides, or attempted suicides in pretrial detention centers or prisons during the year.
Administration: Authorities typically did not conduct proper investigations into allegations of mistreatment. Human rights observers noted that in many cases authorities did not investigate prisoners’ allegations of torture or did not hold prison administrators or staff accountable. The law does not allow unapproved religious services, rites, ceremonies, meetings, or missionary activity in prisons. By law a prisoner in need of “religious rituals” or his relatives may ask to invite a representative of a registered religious organization to carry out religious rites, ceremonies, or meetings, provided they do not obstruct prison activity or violate the rights and legal interests of other individuals. PRI reported that some prisons prohibited Muslim prisoners from fasting during Ramadan.
Independent Monitoring: There were no independent international monitors of prisons. Public Monitoring Commissions (PMCs), quasi-independent bodies that respond to allegations of and attempt to deter torture and mistreatment in prisons, carry out monitoring. In the first 10 months of the year, the PMCs conducted 340 monitoring visits to prisons facilities. Human rights advocates noted that some prisons created administrative barriers to prevent the PMCs from successfully carrying out their mandate, including creating bureaucratic delays, forcing the PMCs to wait for hours to gain access to the facilities, or allowing the PMCs to visit for only a short time.
Authorities began investigating the chair of the Public Monitoring Commission in Pavlodar, Elena Semyonova, on charges of dissemination of false information after she raised the issue of the torture and mistreatment of prisoners to EU parliamentarians in early July. The investigation was ongoing.
According to media reports, Aron Atabek, a poet who has been in prison for 12 years, complained to Semyonova regarding the conditions in his prison. He mentioned his cold, damp cell, his worn clothes, and the information vacuum he was held in without access to letters or television.
Improvements: The 2015 criminal code introduced alternative sentences, including fines and public service, but human rights activists noted they were not implemented effectively.
e. Denial of Fair Public Trial
The law does not provide for an independent judiciary. The executive branch sharply limited judicial independence. Prosecutors enjoyed a quasi-judicial role and have the authority to suspend court decisions.
Corruption was evident at every stage of the judicial process. Although judges were among the most highly paid government employees, lawyers and human rights monitors stated that judges, prosecutors, and other officials solicited bribes in exchange for favorable rulings in many criminal and civil cases.
Corruption in the judicial system was widespread. Bribes and irregular payments were regularly exchanged in order to obtain favorable court decisions. In many cases the courts were controlled by the interests of the ruling elite, according to Freedom House’s Nations in Transit report for 2018. According to the same report, the process is not public and open as “all participants in criminal processes sign a pledge of secrecy of investigation.” Recruitment of judges was plagued by corruption, and becoming a judge often required bribing various officials, according to the Bertelsmann Stiftung’s Transformation Index report for the year.
Business entities were reluctant to approach courts because foreign businesses have a historically poor record when challenging government regulations and contractual disputes within the local judicial system. Judicial outcomes were perceived as subject to political influence and interference due to a lack of independence. A dedicated investment dispute panel was established in 2016, yet investor concerns regarding the panel’s independence and strong bias in favor of government officials remained. Companies expressed reluctance to seek foreign arbitration because anecdotal evidence suggested the government looks unfavorably on cases involving foreign judicial entities.
Judges were punished for violations of judicial ethics. According to official statistics, during the first nine months of the year authorities convicted two judges for corruption crimes. On June 13, the court in Shymkent convicted Makhta-Aral District Court judge Abay Niazbekov for taking a bribe and sentenced him to 4.5 years of imprisonment and a life ban on working in government offices and state-owned enterprises. On January 30, authorities caught Niazbekov accepting a bribe of 500,000 tenge ($1,360) in his office.
Military courts have jurisdiction over civilian criminal defendants in cases allegedly connected to military personnel. Military courts use the same criminal code as civilian courts.
All defendants enjoy a presumption of innocence and by law are protected from self-incrimination. Trials are public except in instances that could compromise state secrets or when necessary to protect the private life or personal family concerns of a citizen.
Jury trials are held by a panel of 10 jurors and one judge and have jurisdiction over crimes punishable by death or life imprisonment, as well as grave crimes such as trafficking and engagement of minors in criminal activity. Activists criticized juries for a bias towards the prosecution as a result of the pressure that judges applied on jurors, experts, and witnesses.
Observers noted the juror selection process was inconsistent. Judges exerted pressure on jurors and could easily dissolve a panel of jurors for perceived disobedience of their orders. The law has no mechanism for holding judges liable for such actions.
Indigent defendants in criminal cases have the right to counsel and a government-provided attorney. By law a defendant must be represented by an attorney when the defendant is a minor, has mental or physical disabilities, does not speak the language of the court, or faces 10 or more years of imprisonment. Defense attorneys, however, reportedly participated in only one half of criminal cases, in part because the government failed to pay them properly or on time. The law also provides defendants the rights to be present at their trials, to be heard in court, to confront witnesses against them, and to call witnesses for the defense. They have the right to appeal a decision to a higher court. According to observers, prosecutors dominated trials, and defense attorneys played a minor role.
Domestic and international human rights organizations reported numerous problems in the judicial system, including lack of access to court proceedings, lack of access to government-held evidence, frequent procedural violations, denial of defense counsel motions, and failure of judges to investigate allegations that authorities extracted confessions through torture or duress.
Lack of due process remained a problem, particularly in a handful of politically motivated trials involving opposition activists and in cases in which there were allegations of improper political or financial influence.
Human rights and international observers noted investigative and prosecutorial practices that emphasized a confession of guilt regarding over collection of other evidence in building a criminal case against a defendant. Courts generally ignored allegations by defendants that officials obtained confessions by torture or duress.
POLITICAL PRISONERS AND DETAINEES
The Open Dialog Foundation maintained a list of approximately 24 individuals it considered detained or imprisoned based on politically motivated charges, including land code activist Maks Bokayev and individuals connected to the opposition group Democratic Choice of Kazakhstan, led by fugitive banker Mukhtar Ablyazov, and other individuals connected to Ablyazov. Convicted labor union leader Larisa Kharkova remained under restricted movement, unable to leave her home city without permission of authorities. Human rights organizations have access to prisoners through the framework of the National Preventative Mechanism against Torture.
Land code activist Maks Bokayev was sentenced in 2016 to five years in prison for organizing peaceful land reform protests. Although the UN Working Group on Arbitrary Detention concluded that his imprisonment was arbitrary, he remained in jail.
On October 22, a court in Almaty found businessman Iskander Yerimbetov guilty of fraud for illegally fixing prices in his aviation logistics company and sentenced him to seven years’ imprisonment. Human rights observers criticized numerous violations in the investigation and court proceedings, including allegations of physical mistreatment, and condemned the case as politically motivated. On December 11, the UN Working Group on Arbitrary Detention determined his deprivation of liberty to be arbitrary. The Working Group was concerned by the lack of a warrant at the time of arrest, procedural violations during his detention and trial, and Yerimbetov’s well-being while in detention.
On August 17, authorities released Vadim Kuramshin, a human rights defender designated by civil society organizations as an individual imprisoned on politically motivated charges, on parole after six years in prison.
CIVIL JUDICIAL PROCEDURES AND REMEDIES
Individuals and organizations may seek civil remedies for human rights violations through domestic courts. Economic and administrative court judges handle civil cases under a court structure that largely mirrors the criminal court structure. Although the law and constitution provide for judicial resolution of civil disputes, observers viewed civil courts as corrupt and unreliable.
f. Arbitrary or Unlawful Interference with Privacy, Family, Home, or Correspondence
The constitution and law prohibit violations of privacy, but the government at times infringed on these rights.
The law provides prosecutors with extensive authority to limit citizens’ constitutional rights. The KNB, the Ministry of Internal Affairs, and other agencies, with the concurrence of the Prosecutor General’s Office, may infringe on the secrecy of private communications and financial records, as well as on the inviolability of the home. Human rights activists reported incidents of alleged surveillance, including KNB officers visiting activists and their families’ homes for “unofficial” conversations regarding suspect activities, wiretapping and recording of telephone conversations, and videos of private meetings posted on social media.
Courts may hear an appeal of a prosecutor’s decision but may not issue an immediate injunction to cease an infringement. The law allows wiretapping in medium, urgent, and grave cases.
Government opponents, human rights defenders, and their family members continued to report the government occasionally monitored their movements.
In July 2017 the prime minister transferred the State Technical Service for centralized management of telecommunication networks and for monitoring of information systems from the Ministry of Information and Communication to the KNB.
Section 2. Respect for Civil Liberties, Including:
b. Freedom of Peaceful Assembly and Association
FREEDOM OF PEACEFUL ASSEMBLY
The law provides for limited freedom of assembly, but there were significant restrictions on this right. The law defines unsanctioned gatherings, public meetings, demonstrations, marches, picketing, and strikes that upset social and political stability as national security threats.
The law includes penalties for organizing or participating in illegal gatherings and for providing organizational support in the form of property, means of communication, equipment, and transportation, if the enumerated actions cause significant damage to the rights and legal interests of citizens, entities, or legally protected interests of the society or the government.
By law organizations must apply to local authorities at least 10 days in advance for a permit to hold a demonstration or public meeting. Opposition figures and human rights monitors complained that complicated and vague procedures and the 10-day notification period made it difficult for groups to organize public meetings and demonstrations and noted local authorities turned down many applications for demonstrations or only allowed them to take place outside the city center.
Activists in Almaty applied to hold a public gathering on August 4 to demand police reform following the death of Olympic medalist Denis Ten. The mayor’s office refused the request, stating that the only place designated for public events in Almaty had already been reserved for another event. The Astana mayor’s office similarly declined a demonstration request. The Almaty activists subsequently submitted 31 petitions requesting a gathering to be held any day in the next month; the mayor’s office denied them all.
On May 10, several dozen individuals staged a protest initiated by fugitive banker and leader of the banned opposition group Democratic Choice of Kazakhstan (DCK) Mukhtar Ablyazov to demand the release of political prisoners and an end to torture. The protest had not received government approval. Police dispersed the protestors and detained several, among them random passers-by and minors, according to activists. Some of those detained were punished by court fines or short administrative detentions. The government did not release any official data on the number of detained or punished protestors.
On June 23, the DCK called another unapproved rally. Police preemptively arrested a number of individuals thought to be involved in the protests. Human rights advocacy organizations reported that those detained included passersby, senior citizens, pregnant women, and children. In several cities reporters who came to cover the event were briefly detained. All detainees were taken to police stations and held there for several hours without food or water. Human rights observers criticized police for unjustified detention and numerous procedural violations in holding the detainees in custody. There were no official reports on the number of those detained. Human rights advocates stated that more than a hundred individuals were detained in Almaty, 30 in Astana, and at least a dozen in Shymkent. In some cities protestors dispersed without police involvement.
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.
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. The government considered political parties and labor unions to be membership organizations but required political parties to have 40,000 signatures for registration. If authorities challenge the application by alleging irregular signatures, the registration process may continue only if the total number of eligible signatures exceeds the minimum number required. The law prohibits parties established on an ethnic, gender, or religious basis. The law also prohibits members of the armed forces, employees of law enforcement and other national security organizations, and judges from participating in trade unions or political parties.
According to Maina Kiai, the UN special rapporteur who visited Kazakhstan in 2015, the law regulating the establishment of political parties is problematic as it imposes onerous obligations prior to registration, including high initial membership requirements that prevent small parties from forming and extensive documentation that requires time and significant expense to collect. He also expressed concern regarding the broad discretion granted to officials in charge of registering proposed parties, noting that the process lacked transparency and the law allows for perpetual extensions of time for the government to review a party’s application.
Under the 2015 NGO financing 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 53,025 tenge ($159) 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 636,300 tenge ($1,910) or imprisonment for up to 75 days. If committed by the leader of the organization, the fine may be up to 1.06 million tenge ($3,180) or imprisonment for no more than 90 days. The law does 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 is 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.
c. Freedom of Religion
See the Department of State’s International Religious Freedom Report at www.state.gov/religiousfreedomreport/.
Section 3. Freedom to Participate in the Political Process
The constitution and law provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage, but the government severely limited exercise of this right.
Although the 2017 constitutional amendments increased legislative and executive branch authority in some spheres, the constitution continues to concentrate power in the presidency itself. The president appoints and dismisses most high-level government officials, including the prime minister, cabinet, prosecutor general, the KNB chief, Supreme Court and lower-level judges, and regional governors. The Mazhilis must confirm the president’s choice of prime minister, and the Senate must confirm the president’s choices of prosecutor general, the KNB chief, Supreme Court judges, and National Bank head. Parliament has never failed to confirm a presidential nomination. Modifying or amending the constitution effectively requires the president’s consent. Constitutional amendments exempt the president from the two-term presidential term limit and protect him from prosecution.
The law on the first president–the “Leader of the Nation” law–established President Nazarbayev as chair of the Kazakhstan People’s Assembly and of the Security Council for life, granted him lifetime membership on the Constitutional Council, allows him “to address the people of Kazakhstan at any time,” and stipulates that all “initiatives on the country’s development” must be coordinated through him.
Elections and Political Participation
Recent Elections: An early presidential election in 2015 gave President Nazarbayev 97.5 percent of the vote. According to the New York Times newspaper, his two opponents, who both supported the Nazarbayev government, were seen as playing a perfunctory role as opposition candidates. The OSCE stated that the election process in most cases was managed effectively, although the OSCE/Office for Democratic Institutions and Human Rights (ODIHR) election observation mission stated voters were not given a choice of political alternatives and noted that both “opposition” candidates had openly praised Nazarbayev’s achievements. Some voters reportedly had been pressured to vote for the incumbent.
In June 2017 16 of the 47 members of the Senate were selected by members of maslikhats–local representative bodies–acting as electors to represent each oblast (administrative region) and the cities of Astana and Almaty. Four incumbent senators were re-elected, and the majority of the newly elected senators were affiliated with the ruling Nur Otan Party.
As a result of early Mazhilis elections in 2016, the ruling Nur Otan Party won 84 seats, Ak Zhol won seven seats, and the Communist People’s Party of Kazakhstan won seven seats. The ODIHR reported widespread ballot stuffing and inflated vote totals. The ODIHR criticized the election for falling short of the country’s democratic commitments. The legal framework imposed substantial restrictions on fundamental civil and political rights. On election day serious procedural errors and irregularities were noted during voting, counting, and tabulation.
In June the government amended the election law, reducing the independence of local representative bodies (maslikhats). Previously, citizens could nominate and vote for candidates running in elections for the maslikhats. Under the amended law, citizens vote for parties and parties choose who sits on the maslikhats.
Political Parties and Political Participation: Political parties must register members’ personal information, including date and place of birth, address, and place of employment. This requirement discouraged many citizens from joining political parties.
There were six political parties registered, including Ak Zhol, Birlik, and the People’s Patriotic Party “Auyl” (merged from the Party of Patriots of Kazakhstan and the Kazakhstan Social Democratic Party). The parties generally did not oppose President Nazarbayev’s policies.
To register, a political party must hold a founding congress with a minimum attendance of 1,000 delegates, including representatives from two-thirds of the oblasts and the cities of Astana, Turkistan, and Almaty. Parties must obtain at least 600 signatures from each oblast and the cities of Astana, Turkistan, and Almaty, registration from the Central Election Commission (CEC), and registration from each oblast-level election commission.
Participation of Women and Minorities: Traditional attitudes sometimes hindered women from holding high office or playing active roles in political life, although there were no legal restrictions on the participation of women or minorities in politics.
Section 5. Governmental Attitude Regarding International and Nongovernmental Investigation of Alleged Violations of Human Rights
A number of domestic and international human rights groups operated with some freedom to investigate and publish their findings on human rights cases, although some restrictions on human rights NGO activities remained. International and local human rights groups reported the government monitored NGO activities on sensitive issues and practiced harassment, including police visits to and surveillance of NGO offices, personnel, and family members. Government officials often were uncooperative or nonresponsive to their views.
The Ministry of Foreign Affairs-led Consultative Advisory Body (CAB) for dialogue on democracy, human rights, rule of law, and legislative work continued to operate during the year. The CAB includes government ministries and prominent international and domestic NGOs, as well as international organization observers. The NGO community generally was positive regarding the work of the CAB, saying the platform enabled greater communication with the government regarding issues of concern. The government and NGOs, however, did not agree on recommendations on issues the government considered sensitive, and some human rights concerns were barred from discussion. NGOs reported that government bodies accepted some recommendations, although, according to the NGOs, the accepted recommendations were technical rather than substantive.
The Kazakhstan International Bureau for Human Rights and Rule of Law, Kadyr Kassiyet, the Legal Media Center, and PRI were among the most visibly active human rights NGOs. Some NGOs faced occasional difficulties in acquiring office space and technical facilities. Government leaders participated–and regularly included NGOs–in roundtables and other public events on democracy and human rights.
The United Nations or Other International Bodies: The government invited UN special rapporteurs to visit the country and meet with NGOs dealing with human rights. The government generally did not prevent other international NGOs and multilateral institutions dealing with human rights from visiting the country and meeting with local human rights groups and government officials. National security laws prohibit foreigners, international organizations, NGOs, and other nonprofit organizations from engaging in political activities. The government prohibited international organizations from funding unregistered entities.
Government Human Rights Bodies: The Presidential Commission on Human Rights is a consultative and advisory body that includes top officials and members of the public appointed by the president. The commission reviews and investigates complaints, issues recommendations, monitors fulfillment of international human rights conventions, and publishes reports on some human rights issues in close cooperation with several international organizations, such as UNHCR, the OSCE, the IOM, and UNICEF. The commission does not have legal authority to remedy human rights violations or implement its recommendations in the reports.
A recent constitutional change stipulated that the Human Rights Ombudsman be selected by the Senate; however, the existing ombudsman was appointed by the president. He also serves as the chair of the Coordinating Council of the National Preventive Mechanism against Torture.
The ombudsman did not have the authority to investigate complaints concerning decisions of the president, heads of government agencies, parliament, cabinet, Constitutional Council, Prosecutor General’s Office, CEC, or courts, although he may investigate complaints against individuals. The ombudsman’s office has the authority to appeal to the president, cabinet, or parliament to resolve citizens’ complaints; cooperate with international human rights organizations and NGOs; meet with government officials concerning human rights abuses; visit certain facilities, such as military units and prisons; and publicize in media the results of investigations. The ombudsman’s office also published an annual human rights report. During the year the ombudsman’s office occasionally briefed media and issued reports on complaints it had investigated.
Domestic human rights observers indicated that the ombudsman’s office and the Human Rights Commission were unable to stop human rights abuses or punish perpetrators. The commission and ombudsman avoided addressing underlying structural problems that led to human rights abuses, although they advanced human rights by publicizing statistics and individual cases and aided citizens with less controversial social problems and issues involving lower-level elements of the bureaucracy.
Section 6. Discrimination, Societal Abuses, and Trafficking in Persons
Rape and Domestic Violence: The law criminalizes rape. The punishment for conviction of rape, including spousal rape, ranges from three to 15 years’ imprisonment. There were reports of police and judicial reluctance to act on reports of rape, particularly in spousal rape cases.
Legislation identifies various types of domestic violence, such as physical, psychological, sexual, and economic, and outlines the responsibilities of local and national governments and NGOs in providing support to domestic violence victims. The law also outlines mechanisms for the issuance of restraining orders and provides for the 24-hour administrative detention of abusers. The law sets the maximum sentence for spousal assault and battery at 10 years in prison, the same as for any assault. The law also permits prohibiting offenders from living with the victim if the perpetrator has somewhere else to live, allows victims of domestic violence to receive appropriate care regardless of the place of residence, and replaces financial penalties with administrative arrest if paying fines was hurting victims as well as perpetrators.
NGOs estimated that on average 12 women each day were subjected to domestic violence and more than 400 women died annually as a result of violence sustained from their spouses. Due in part to social stigma, research conducted by the Ministry of National Economy indicated that a majority of victims of partner abuse never told anyone of their abuse. Police intervened in family disputes only when they believed the abuse was life-threatening. Police often encouraged the two parties to reconcile.
On January 22, the Karatau District Court in Shymkent sentenced Khairulla Narmetov to 3.5 years in jail for injuring his wife Umida. In November 2017 he had attacked her with a knife and injured her severely. After a difficult six-hour surgery, doctors managed to save her life. During the court trial, Umida forgave her husband “for the sake of the children,” she said.
The government opened domestic violence shelters in each region. According to the NGO Union of Crisis Centers, there were 28 crisis centers, which provided reliable services to victims of domestic violence. Of these crisis centers, approximately a dozen have shelters.
Other Harmful Traditional Practices: Although prohibited by law, the practice of kidnapping women and girls for forced marriage continued in some remote areas. The law prescribes a prison sentence of eight to 10 years for conviction of kidnapping. A person who voluntarily releases an abductee is absolved of criminal responsibility; because of this law, a typical bride kidnapper is not necessarily held criminally responsible. Law enforcement agencies often advised abductees to sort out their situation themselves. According to civil society organizations, making a complaint to police could be a very bureaucratic process and often subjected families and victims to humiliation.
Sexual Harassment: Sexual harassment remained a problem. No law protects women from sexual harassment, and only force or taking advantage of a victim’s physical helplessness carries criminal liability in terms of sexual assault. In no instance was the law used to protect the victim, nor were there reports of any prosecutions.
According to studies conducted by NGOs, half of all working women (53 percent) were subject to sexual advances from male supervisors and 14 percent received advances from colleagues. None of those women reached out to police with complaints due to shame or fear of job loss.
In March a group of NGOs and media activists set up Korgau123, an organization to support victims of harassment, and launched a hotline.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The constitution and law provide for equal rights and freedoms for men and women. The law prohibits discrimination based on gender. Significant salary gaps between men and women remained a serious problem. According to observers, women in rural areas faced greater discrimination than women in urban areas and suffered from a greater incidence of domestic violence, limited education and employment opportunities, limited access to information, and discrimination in their land and other property rights.
In 2016 the president issued a decree to establish the Office of the Commissioner for Child Rights (Children’s Ombudsman) to improve the national system of child rights protection.
Birth Registration: Citizenship is derived both by birth within the country’s territory and from one’s parents. The government registers all births upon receipt of the proper paperwork, which may come from the parents, other interested persons, or the medical facility where the birth occurred. Children born to undocumented mothers were denied birth certificates.
Child Abuse: School violence was a problem, and experts estimated two of three schoolchildren suffered or witnessed violence. Violence and abuse were particularly serious in boarding schools and orphanages. An estimated 17,000 to 18,000 children suffered from either psychological or physical abuse by their parents. According to UNICEF, 75 percent of the public supported the use of violent methods of disciplining children, and children faced violence at home, schools, children’s group homes, and on the street. Humanium, an international child rights NGO, reported that mistreatment was becoming rarer, but still occurred regularly in boarding schools, foster homes, and prisons and detention centers. Children who were victims of such violence did not have easy access to adequate complaint mechanisms.
There were reports of selling newborn babies.
Early and Forced Marriage: The legal minimum age for marriage is 18, but it may be reduced to 16 in the case of pregnancy or mutual agreement. According to the United Nations Population Fund about 3,000 early and forced marriages occurred annually. Many couples first married in mosques and then registered officially when the bride reached the legal age. The government did not take any action to address the issue.
Sexual Exploitation of Children: The law does not specify the minimum age for consensual sex, but it provides for eight to 15 years in prison for individuals convicted of forcing boys or girls younger than age 18 to have sexual intercourse. The Children’s Ombudsman noted that the number of sexual violence incidents reported increased 38 percent compared with the previous year.
The law criminalizes the production and distribution of child pornography and provides administrative penalties to cover the sale of pornographic materials to minors. The country retains administrative penalties for child pornography. Perpetrators convicted of sexual offenses against minors receive a lifetime ban on working with children.
Displaced Children: Human rights observers noted that the number of street children, mainly in large cities, was high. According to the Children’s Ombudsman, the number of street children was increasing. The Children’s Rights Protection Committee reports that 1,422 street children, 233 orphans, 21 delinquent children and 12 children from problematic families were referred to Centers for Delinquent Children in the first quarter of the year. Of the total, 1,371 were returned to their families. The remaining children were sent to orphanages (97), foster families (33), or correctional boarding schools (22).
Institutionalized Children: Incidents of child abuse in state-run institutions, such as orphanages, boarding schools, and detention facilities for delinquent children, were “not rare,” according to government sources. NGOs stated one-half the children in orphanages or closed institutions suffered from abuse by teachers or other children. According to the Children’s Rights Protection Committee, the number of orphans who lived in orphanages decreased from approximately 7,000 in 2016 to 6,223 in 2017. The rest of the 27,274 orphan children were in foster or other home care.
International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
Leaders of the Jewish community estimated that the country’s Jewish population was approximately 10,000. They reported no incidents of anti-Semitism by the government or in society.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at http://www.state.gov/j/tip/rls/tiprpt/.
Persons with Disabilities
The law prohibits discrimination against persons with physical, sensory, intellectual, and mental disabilities in employment, education, and access to health care, and in the provision of other government services, but significant discrimination existed. The government took steps to remedy some barriers to persons with disabilities, including providing access to information. NGOs stated implementation of the law on disability was lacking.
The law requires companies to set aside 3 percent of their jobs for persons with disabilities, and the government enacted high-level enforcement measures to enhance economic opportunities as part of the president’s strategy 2050; nevertheless, there were reports persons with disabilities faced difficulty integrating into society and finding employment. The government identified the two biggest barriers facing persons with disabilities as poor infrastructure and lack of access to education, while persons with disabilities expressed difficulty accessing public transportation.
Human rights observers noted multiple types of discrimination against persons with disabilities: some airlines refused to sell tickets to persons with disabilities seeking to travel alone and insisted that they should be escorted by assistants; doctors discouraged women who use wheelchairs from having children; and treatment of prisoners with disabilities in detention facilities remained a serious problem.
The government did not legally restrict the right of persons with disabilities to vote and arranged home voting for individuals who could not travel to accessible polling places.
There are no regulations regarding the rights of patients in mental hospitals. Human rights observers believed this led to widespread abuse of patients’ rights. NGOs reported that patients often experienced poor conditions and a complete lack of privacy. Citizens with mental disabilities may be committed to state-run institutions without their consent or judicial review, and the government committed young persons under the age of 18 with the permission of their families. According to an NPM report, most of the hospitals required extensive maintenance. Other problems observed included shortage of personnel, unsatisfactory sanitary conditions, poor food supply, overcrowding, and lack of light and air.
Members of the NPM may visit mental hospitals to monitor conditions and signs of possible torture of patients, but any institutions holding children, including orphanages, were not on the list of institutions NPM members may visit.
Kazakh is the official state language, although Russian has equal status as the language of interethnic communication. The law requires presidential candidates to be fluent in Kazakh. The Constitution prohibits discrimination based on language, but all prospective civil servants are required to pass a Kazakh language exam.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
According to the constitution, no one shall be subject 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 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.
There were no prosecutions of anti-LGBTI violence. Although there were no government statistics on discrimination or violence based on sexual orientation or gender identity, there were reports of such actions. According to an 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.
HIV and AIDS Social Stigma
The law prohibits discrimination against persons with HIV and AIDS, but stigma 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.