A/HRC/43/51/Add.3
based on grounds of national security, public order or public health or morals and must be
necessary and proportionate.
547. The Special Rapporteur regrets that the replies to his communication sent on 9 April
2019 do not fully address the substance of the allegations of the illegal expulsion of human
rights observers Ms. Lyudmila Voloshina and Mr. Valerii Iavtushenko from Kazakhstan. He
regrets that the investigation carried out by the Office of the Procurator General found no
irregularities in the actions taken by the police, despite the reported preclusion of Ms.
Voloshina and Mr. Iavtushenko from engaging with their legal representatives and the
Ukrainian Consul while in detention.
548. The Special Rapporteur remains concerned by the Government’s efforts to justify the
detention and expulsion of Ms. Voloshina and Mr. Iavtushenko without providing further
information on how these measures meet international human rights standards. Further
concern is expressed at the consequences of their expulsion for the work of other human
rights observers in Kazakhstan.
549. The Special Rapporteur welcomes the decision to lift the travel ban and the freezing
of bank assets imposed on Mr. Khassenov. However, he remains concerned by the repeated
detentions and threats made against him and his family members, which appear to be directly
linked to his peaceful human rights activities and the exercise of his right to freedom of
opinion and expression, in particular through posts made on social media platforms
concerning the human rights situation in Kazakhstan.
550. The Special Rapporteur regrets that the Government failed to provide information on
how the measures taken against Mr. Khassenov, as well as the detentions and interrogations
of other peaceful protesters, are compatible with international human rights norms and
standards, in particular with articles 19, 21 and 22 of the International Covenant on Civil and
Political Rights.
551. The Special Rapporteur is grateful for the responses received from the Government
of Kazakhstan to concerns raised about discriminatory restrictions placed on LBTI human
rights defenders and advocacy groups. While the Special Rapporteur appreciates the
clarification provided in regards to a number of instances in which Feminita members were
unable to carry out their activities, he remains concerned about the grounds cited to block the
registration of the organisation. The Special Rapporteur is concerned that the employment of
Article 22 of the Law of the Republic of Kazakhstan “On charity” which requires that
organisations strengthen the spiritual and moral values, spiritual culture, prestige and the role
of the family in society, lends itself subjective interpretation that could exclude the rights of
the LGBTI community or sex worker rights and their freedom of expression and association.
In addition, the Special Rapporteur notes with concern that despite assurances from the
Government of Kazakhstan that rallies advocating LGBT rights took place in 2019, none of
the rallies cited were in fact manifestations on LGBT rights.
552. In this context, the Special Rapporteur would like to remind the Government of article
7 of the UN Declaration on Human Rights Defenders, which includes the right to discuss and
advocate for human rights ideas that are not necessarily new but that, in some contexts, may
be perceived as new or unpopular because they address issues that might challenge tradition
and culture. States are encouraged to ensure the protection of defenders who are at greater
risk of facing certain forms of violence and discrimination because they are perceived as
questioning accepted sociocultural norms, traditions, perceptions and stereotypes, including
about sexual orientation and gender identity.
Malta
553.
JAL 31/05/2019
Case no: MLT 1/2019
State reply: 29/07/2019
Allegations of acts of intimidation against Ms. Sarah Clarke, by Maltese high
level officials during a UN High Level event on 10 December 2018, following her
statement on the public inquiry into the assassination of the investigative journalist and
human rights defender, Ms. Daphne Caruana Galizia.
76
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