A/HRC/43/51/Add.3 challenges the country faces in the absence of a comprehensive European Union policy of solidarity with Member States at the Union’s external borders. However, he reiterates that these circumstances cannot be used as justification to infringe on the human rights of migrants and migrant rights defenders and to disrespect international obligations. 539. The Special Rapporteur is concerned at the continued use of legislative measures to criminalise search and rescue operations carried out by civil society organisations in the Mediterranean, as well as at the intensification of the climate of hostility and xenophobia against migrants in Italy, reflected in the threats made against Ms. Rackete and the judge who released her. He is further concerned about the arrest of and the criminal investigations into Ms. Rackete, which appear to be directly linked to her peaceful work protecting the rights of migrants, and which may deter humanitarian organisations from continuing their work rescuing migrants in distress at sea. 540. The Special Rapporteur thanks the Government for its response dated 4 June 2019, including information on judicial proceedings aimed at assessing the criminal responsibility of the captains of seized NGO vessels which had been used in search and rescue operations. He encourages the Government to share the findings of those proceedings. The Special Rapporteur further acknowledges the response dated 11 October 2019 but regrets that it did not include information on the legal and factual basis of the arrest and criminal investigations against Ms. Rackete, and on their compatibility with international human rights law. 541. The Special Rapporteur would like to recall the recommendations made in his 2018 report (A/HRC/37/51), which underline, inter alia, that States must ensure that domestic law and administrative provisions facilitate the work of all actors providing humanitarian assistance to, and defending the rights of, people on the move, including by avoiding criminalisation. Kazakhstan 542. JAL 09/04/2019 14/06/2019 Case no.: KAZ 1/2019 State reply: 07/06/2019; Allegations concerning the detention and illegal expulsion of human rights observers Ms. Lyudmila Voloshina and Mr. Valerii Iavtushenko from Kazakhstan. 543. JAL 17/07/2019 Case no.: KAZ 3/2019 State reply: 06/09/2019 Allegations concerning the travel ban issued against the human rights defender Mr. Daniyar Khassenov, his repeated detention, and threats made against him and his family members. 544. JAL 25/10/2019 Case no.: KAZ 4/2019 State reply: 23/12/2019 Allegations concerning the discriminatory restrictions on the rights to freedom of peaceful assembly, freedom of association and freedom of expression of lesbian, bisexual, trans, intersex and queer (LBTIQ) human rights defenders, which may relate to their engagement in advocacy on human rights related to sexual orientation, gender identity and gender equality. 545. The Special Rapporteur thanks the Government of Kazakhstan for the responses received to all his communications sent in the review period of this report, proving its willingness to cooperate with Special Procedures. 546. The Special Rapporteur urges the Government of Kazakhstan to take decisive steps to end the criminalisation of legitimate human rights advocacy and remove the restrictions placed on human rights defenders, especially women human rights defenders, that preclude them from participation in public life and deprive them of the their freedom of expression, assembly and association. The Special Rapporteur reiterates the Government’s duty to respect, protect and fulfil the human rights of defenders to freedom of expression, assembly and association pursuant to articles 19, 21 and 22 of the International Covenant on Civil and Political Rights. Limitations on these rights are tightly constrained by the imperative to be 75

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