A/HRC/43/46/Add.1
been adopted to regulate religion tightly that directly impinge on the right to freedom of
religion and certain religious groups, 25 as noted by the Human Rights Committee in its
concluding observations in July 2016. The Committee expressed concern at the targeting of
members or presumed members of banned or unregistered Islamic groups, such as the
Tabligh Jamaat (CCPR/C/KAZ/CO/2, para. 13). The Special Rapporteur confirms the
regular practice of imposing restrictive registration requirements on the organized and
public practice of religion (CCPR/C/125/D/2312/2013, para. 7.6), and limitations on the
importation and distribution of religious literature, which targets distinct groups and
individuals exercising their right to freedom of thought, conscience and religion. She notes
with concern the post-jail bans handed down as part of sentences for individuals convicted
of various forms of illegal practice of religion, which include bans on visiting places of
worship or sharing their faith with others, for substantive periods.
26.
The Special Rapporteur’s attention was drawn to the cumulative use of these
measures to target certain religious groups, notably various Protestant groups, including
Baptists, Lutherans, the Revival Protestant Church, as well as Hare Krishnas and Jehovah’s
Witnesses. However, these measures mostly target devout non-Hanafi Muslim groups,
including the Azerbaijani community. Some cases are emblematic of the overreach of the
provisions on freedom of religion. Saken Tulbaev, whom the Special Rapporteur met
during her visit, was sentenced to nearly five years of prison for peacefully practising his
religion, after which he will be subject to a three-year ban on carrying out “activity directed
at meeting the religious needs of believers”. She was particularly moved by the plight of an
elderly man of deep religious belief who had to serve a prison sentence for observing his
faith. Teymur Akhmedov, a Jehovah’s Witness, was sentenced to five years in prison and a
post-jail ban of three years for praying in a private home. Zhanna Umirova was sentenced
to five years’ imprisonment for posting a video on social media. In her view, the terrorism
and extremism legislation and administrative practice of Kazakhstan that normalizes the
diminution of rights for certain groups has long-term costs, increasingly affirmed by
practitioners and experts in the field of countering and preventing violent extremism.
Extremism law and practice that function to limit rights in a de facto permanent manner are
not a shortcut worth taking if States are genuinely committed to tackling the conditions that
produce and sustain extremism and mobilization (A/HRC/37/52, para. 61).
4.
Online restrictions to freedom of expression and information
27.
The Special Rapporteur’s visit was affected by numerous Internet blockages. She
was informed that on 9 May – the day of her arrival – several independent news outlets and
social media services were temporarily unavailable in some parts of the country. According
to the Government, in 2017 and 2018, 317,000 web items were removed by site
administrators upon the request of the General Prosecutor. Furthermore, during the same
period access to more than 19,000 websites was restricted by court orders or injunctions by
the General Prosecutor or other relevant State body. In addition, she was made aware of
independent research indicating that up to 29,458 websites had been blocked. In the course
of her meetings and information provided by the Government, it is clear that certain
websites, including social media, music streaming and others, were and continue to be
blocked in their entirety on the orders of the Prosecutor General on very broad grounds.
Given the already very challenging environment in which activists, civil society and human
rights defenders operate in Kazakhstan, the apparent lack of proportionality in the adoption
of such wholesale measures premised on broad terrorism and extremism threats is very
concerning.
28.
It is of further concern that, despite existing legal provisions, the Government itself
appeared wholly unclear about the legal basis of, and the procedure and the responsibility
for the adoption of these measures. The use of information and communications technology
for the purpose of radicalization, recruitment and incitement of others is a serious concern
for States. However, given both the role played by information and communications
technology in fostering the enjoyment of human rights and the very negative impact on the
free exchange of ideas and information that measures to limit access can have, removals,
takedowns, deletions and blockages of entire websites, web pages, blogs, videos, articles or
25
10
The Law on Religious Activities and Religious Associations, last modified in 2018.
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