A/HRC/43/46/Add.1
demonstrates leadership, which is sorely absent on this issue in many other States.
Kazakhstan has been engaged in a continuous dialogue at all levels of Government aimed at
finding the optimum approach to addressing the challenges related to returning its foreign
fighters and their families. Kazakhstan is also deeply and positively engaged on these issues
at the international level, demonstrating how to optimize partnerships with other States and
international entities in tracing, identifying and delivering the practical means to extract
individuals from territories under the control of non-State actors and ensure their safe return
to their countries of nationality. The Special Rapporteur reaffirms that this approach is not
only in line with the human rights obligations of Kazakhstan, but also that its efforts are
extensive, sustained and consistent considering its long-term security interests.
56.
The Special Rapporteur notes that returnees are subject to a rigorous security
process to establish potential criminal culpability. Several of those returned, including at
least five women, have been arrested and transferred to law enforcement authorities. The
Special Rapporteur urges the Government to ensure that security measures preserve the
legal rights of returnees by conforming to national and international law and enabling fair
trials for those charged with committing crimes. During her visit to the “adaptation centre”
in Aktau, in which 231 women and children had arrived a week earlier, she had the
opportunity to meet with several returnees through the system of established “rehabilitation
centres”, which provide legal and other advice to ensure the normalization of the status of
such women and their children. She notes and welcomes the emphasis on integration and
rehabilitation in the efforts of the Government and describes the work being done by such
centres as humanitarian and supportive in nature, and necessary to enable the practical
integration into society of women and children who have travelled to, or been born in,
conflict zones overseas.
57.
The Special Rapporteur regrets, however, the overemphasis on religious
normalization in such programming and stresses, in accordance with the overall findings of
the present report, that the right to freedom of religious belief should be firmly protected by
the Government. She voices unease at theological criteria being used as a substitute for a
broader and scientifically based understanding of rehabilitation. She was notably struck that
for key personnel in these centres, successful deradicalization was measured by the absence
of religious garments and the length of women’s clothing. She also notes the dangers of
ethical compromise for professionals providing medical, social and educational services to
this group being elided into a security outpost for the State, thereby compromising the
provision of fundamental economic and social rights to highly vulnerable individuals. 37
While acknowledging the security concerns raised by the return of individuals who may
have committed serious crimes under international law, the Special Rapporteur is also
concerned at the lack of transparency surrounding both the legal basis for the detention of
these women and children, who were unable to meet or have contact with their families for
one month while in the camp in Aktau, as well as the clear presence of the security services
and their role in interrogating detainees. Ambiguity about such clear and basic human rights
issues is not necessary. She urges the Government to show more transparency, particularly
as many aspects of its work in this area are to be lauded.
III. Conclusions and recommendations
58.
Since independence, Kazakhstan has gained prominence in the global peace
and security agenda, including in countering terrorism. It has shown leadership in
repatriating its citizens from conflict zones in which terrorist groups are active.
However, parallel developments have yet to be replicated at the national level as the
counter-terrorism and extremism apparatus of Kazakhstan, in both its operational
and legal aspects, is in need of a substantial overhaul in order for it to be brought into
line with international law. An overly bloated security sector, numerous overlapping
layers of legislation and bodies that exist primarily to provide the appearance of a
system based on the rule of law and a professed adherence to the principle of equality
that fails in practice to take into account the cross-cutting vulnerabilities of various
groups and segments of the population, combined with dystopian measures to prevent
37
See Committee on Economic, Social and Cultural Rights, general comment No. 3 (1990) on the
nature of States parties’ obligations.
17
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