A/HRC/43/46/Add.1 particular impact on women and the lesbian, gay, bisexual, transgender and queer community. 22. The heavy-handed approach of the Government can be illustrated by the wave of arrests and detention in April and May 2019, which also led to charges under article 405. The Special Rapporteur notes that, in the last five years, dozens of civil society activists, bloggers and religious figures have been held criminally liable and dozens more arrested and detained under the provisions on extremism, suggesting overly broad application of criminal punishment for displaying dissenting opinion, such as the cases of Max Bokayev and Talgat Ayan, who were arrested for peacefully protesting against amendments to the Land Code in May 2016.21 Overzealous judicial practice is evidenced by the number of prosecutions and convictions, particularly for extremism. Supreme Court data indicated that 37 individuals were convicted of extremism offences in 2014, while in 2018, the number rose sharply to 156. Administrative prosecutions are also increasing. According to civil society, 22 there were 165 known administrative prosecutions brought against 139 individuals, religious communities, charities and companies in 2018, while the first six months of 2019 saw at least 104 administrative prosecutions for unapproved worship, sharing faith, selling religious literature and items in shops or online, or using the word “amen” in mosque worship, of which 92 ended in convictions and fines, as well as temporary bans on activities, a permanent ban on a place of worship, and seizures and destruction of religious literature. 23. A number of security-related practices premised on countering terrorism or extremism, the aim of which appears to be to instil fear among activists and extinguish civil society capacity, are deeply worrying. Some individuals reported being followed, having their photographs taken by the intelligence services, knowing that they were under prolonged surveillance and sometimes receiving direct or indirect threats to their or their family’s well-being. Some were afraid to meet or speak freely and openly with the Special Rapporteur. The Special Rapporteur is very conscious of the chilling effect that the silencing of one individual can have on an entire group. She was also informed of the alleged use by Kazakhstan of the Red Notice mechanism of the International Criminal Police Organization (INTERPOL) against civil society, political opposition and journalists. She observes that any internationalization of a Government’s flawed terrorism and extremism legislation would be an extremely worrying practice. 3. Specific impact on religious rights and absolute rights to freedom of thought and belief 24. There is substantial concern that non-violent criticism of State policies can effectively constitute a criminal offence (A/HRC/37/52, para. 47). An even deeper concern is that the legislative provisions on terrorism and extremism allow the authorities to shift seamlessly from the criminalization of acts of terrorism to the criminalization of extremist thought and belief (viewed as the precursor to terrorism). She notes that in practice, however, this slippage is a fundamental change of paradigm, which lies in the differentiation between violent and non-violent actions, and between the criminalization of acts and the criminalization of thoughts and beliefs. 25. The Special Rapporteur expresses her profound disquiet at the impingement upon the absolute right of belief in the context of the broader right to freedom of religion or belief, resulting from the law and practice on extremism. 23 Such a right exists independently of administrative approval (A/HRC/28/66/Add.1, paras. 19 and 26). Limitations do not apply to belief per se and in situations in which they are applied under article 18 (3) of the International Covenant on Civil and Political Rights, they must be legally prescribed, clearly necessary, proportionate and non-discriminatory in intention and effect, and pursue a legitimate aim. In the name of preventing and countering extremism, and to preserve the secular nature of the country and its “religious moderation”,24 a number of measures have 21 22 23 24 See A/HRC/WGAD/2017/16. Max Bokayev remains imprisoned. Felix Corley, “Kazakhstan: 104 administrative prosecutions in January–June 2019”, Forum 18, 19 July 2019. International Covenant on Civil and Political Rights, art. 18 (1). Note the specific role of the Ministry of Religious and Civil Society Affairs, which was created in 2016. 9