A/HRC/43/46/Add.1
civil society activists and religious minorities. She concludes that the broad formulation of
the concepts of “extremism”, “inciting social or class hatred” and “religious hatred or
enmity” in national law are used to unduly restrict freedoms of religion, expression,
assembly and association.
Cumulative and overlapping measures on the organization of public associations,
religious associations and political parties allow authorities to seriously circumscribe and
curtail the actions of these groups, resulting in their being discredited and marginalized, if
not outright proscribed.
The Special Rapporteur addresses the application of sanctions and financial
restrictions and listing under national law. She is particularly concerned that the national
terrorism sanctions list automatically includes, in addition to individuals convicted of
terrorism financing offences, individuals convicted of other (non-financing) related
terrorism offences, individuals convicted of extremism offences, as well as persons against
whom there is suspicion of involvement in these crimes but against whom there is
insufficient evidence for prosecution, which appears both arbitrary and lacking in oversight.
She found a lack of legal clarity in respect of the government body responsible for listing,
and significant deficits in the appeals and review process for listed persons.
The Special Rapporteur was encouraged by the progress made overall by the
penitentiary system in Kazakhstan in recent decades in terms of the overall decrease in the
prison population and development of alternative sanctions. Nonetheless, she sees room for
improvement in respect of oversight and meaningful access for persons experiencing
torture or inhuman or degrading treatment in prison. She identifies human rights deficits in
the prison regime under which persons convicted of terrorism or extremism are held. She
makes concrete recommendations in respect of conditions of detention for such individuals.
The Special Rapporteur urges human rights-compliant regulation of the Internet and
the avoidance of blanket Internet shutdowns which, in her view, are disproportionate and
unnecessary and infringe on fundamental rights of expression.
2
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents