KAZAKHSTAN: ARBITRARY DETENTION OF LOCAL OFFICIAL MARAT ZHYLANBAEV

The International League Against Arbitrary Detention urges the Government of Kazakhstan to take all necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 18/2025 concerning Marat Zhylanbaev, asking the Government of Kazakhstan to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Marat Zhylanbaev (Kazakhstan): Opinion No. 18/2025.

ARBITRARY ARREST AND DETENTION OF A POLITICAL OPPOSITION LEADER

Marat Zhylanbaev is a Kazakh civil activist and opposition leader of the party Alga, Kazakhstan! (“Forward, Kazakhstan!”). He is known for his peaceful advocacy for democratic reforms and participation in the 2023 parliamentary election candidacy.

On 3 May 2023, Mr. Zhylanbaev was arrested for allegedly participating in an unsanctioned peaceful protest and sentenced to 20 days’ imprisonment on administrative charges.

Shortly before his scheduled release, on 23 May 2023, he was detained again on new criminal charges. During this arrest, no warrant was presented to him. He was secretly taken from the detention center by investigators and special forces without the knowledge of his lawyer or family. Two days later, on 25 May 2023, he was interrogated as a suspect for the first time. The same day, the Specialized Inter-District Investigative Court of Astana ordered his two-month pretrial detention, which was repeatedly prolonged. His appeal against the pretrial detention was denied on 7 June 2023, and he was formally charged on 25 September 2023 for participating in unsanctioned protests and giving informational and financial support to Democratic Choice of Kazakhstan, a party considered by the Government as "extremist".

On 30 October 2023, his closed-door trial began, and he was convicted on 29 November 2023 and sentenced to seven years in prison and banned from social and political activities for three years. His appeal was rejected on 19 January 2024, and a Supreme Court cassation appeal is pending.

The government was given an opportunity to contest these allegations. The Government requested an extension of the time limit for its response, which was granted. It responded on 19 February 2025, within the established deadline.

ARRESTED WITHOUT WARRANT AND DETAINED BEYOND LEGAL FRAMEWORK

According to the source, Mr. Zhylanbaev was not shown any arrest warrant at the time of his detention on criminal charges and was secretly taken by the investigator and special forces officers from the detention center where he was serving a 20-day administrative sentence. The Government did not address those allegations. Hence, the Working Group found a violation of  Mr. Zhylanbaev’s rights to be informed, at the time of the arrest, of the reasons for it, under article 9 (2) of the Covenant and article 9 of the Universal Declaration of Human Rights.

Moreover, Mr. Zhylanbaev faced prolonged pretrial detention, and bail was refused. The Government stated that the court extended the pretrial detention due to the high public danger of the alleged offences and the possibility that Mr. Zhylanbaev could continue his criminal activity or escape. However, the Working Group considered that the Government did not demonstrate that an individualized risk assessment had been conducted, thereby rendering the detention arbitrary under article 9 (3) of the Covenant.

Lastly, the sources submitted that Mr. Zhylanbaev was detained and convicted under articles 405 and 258 of the Criminal Code, which are broad and lacking in clarity, particularly regarding what conducts were prohibited. The Government did not provide any precision on that matter. The Working Group emphasized that the Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism, raised some concerns regarding the use of the term "extremism" in Kazakhstan.

Therefore, considering all the above,  the Working Group found that Mr. Zhylanbaev’s arrest and detention lacked legal basis, rendering his deprivation of liberty arbitrary under Category I.

DETENTION FOR EXERCISING FREEDOM OF EXPRESSION AND PEACEFUL ASSEMBLY

The source noted that Mr. Zhylanbaev was a political opposition figure and activist. In the present case, the indictment alleged that he participated in rallies that overlapped with those organized by the banned Democratic Choice of Kazakhstan and that he provided financial support to its members based on his social media posts promoting Alga, Kazakhstan! and criticizing the Government. But, the source stated that the funds were proven to have been used for election campaign activities of Alga, Kazakhstan!. He was also sentenced to a three-year ban on engaging in social and political activities. The Government claimed that the arrest and detention of Mr. Zhylanbaev were solely based on “specific actions”, including participation in illegal protest actions under the auspices of an extremist organization, among others. However, the Working Group found that the Government did not provide enough evidence to show the threat to national security caused by Mr. Zhylanbaev's actions, and that the court found him guilty based on alleged ideological similarities between the two parties. The Working group concluded that the basis for the arrest and detention of Mr. Zhylanbaev was the exercise of his rights of freedom of expression and peaceful assembly as protected under articles 19 and 20 of the Universal Declaration of Human Rights and articles 19 and 21 of the Covenant.

Therefore, his deprivation of liberty was found to be arbitrary under Category II.

VIOLATION OF THE RIGHT TO A FAIR AND PUBLIC TRIAL

Mr. Zhylanbaev’s trial commenced on 30 October 2023 before the Specialized Inter-District Criminal Court of Astana. The entire trial was closed to the public, citing witness protection, despite no specific evidence that openness would endanger the witnesses. The Working Group recognized that closing the entire proceeding, rather than only parts, violated his right to a public hearing, which is protected under article 14 (1) of the Covenant and article 10 of the Universal Declaration of Human Rights.

The source alleged that Mr. Zhylanbaev was denied his right to call and examine witnesses while testimonies from the prosecution’s experts were accepted. The Government confirmed the refusal to allow such defense witnesses as they were living in other cities, and that online questioning is not possible during closed-door trials. As the Working Group found that the explanation was not sufficient, it confirmed the existence of a violation of article 14 (3) (e) of the Covenant, as his right to obtain the attendance and examination of witnesses under the same conditions as witnesses against them was not guaranteed.

Moreover, the court also refused to provide the defence with a copy of the decision banning the Democratic Choice of Kazakhstan, even though the charges against Mr. Zhylanbaev relied on alleged links between the two parties. The Government confirmed those allegations. The Working Group found that these actions violated the right to adequate facilities for the preparation of a defence, protected under article 14 (3) (b) of the Covenant.

Accordingly, the deprivation of liberty of Mr. Zhylanbaev was found to be arbitrary under Category III.

DISCRIMINATORY DETENTION ON POLITICAL GROUNDS

The source stated that Mr. Zhylanbaev's political opinions are the center of this case and an example of the abuse of the term "extremism" to silence human rights defenders. The Government did not comment on those allegations. The Working Group observed that Mr. Zhylanbaev’s case fits within a broader pattern of persecution of political opponents and human rights defenders in Kazakhstan, under the guise of combating extremism. He had been repeatedly arrested since 2016 for peaceful protests and political expression. The Working Group concluded that Mr. Zhylanbaev’s detention was motivated by discrimination based on his political opinion, contrary to articles 2 and 7 of the Universal Declaration of Human Rights and articles 2 (1) and 26 of the Covenant.

His deprivation of liberty, therefore, constituted arbitrary detention under Category V.

CONCLUSIONS OF THE UN WORKING GROUP ON ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Mr. Marat Zhylanbaev was arbitrary and fell under categories I, II, III and V, because the deprivation of liberty of Marat Zhylanbaev was in contravention of articles 2, 3, 7, 9, 10, 19 and 20 of the Universal Declaration of Human Rights and articles 2, 9, 14, 19, 21 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Kazakhstan take the steps necessary to remedy the situation of Marat Zhylanbaev without delay and bring it into conformity with the relevant international norms. The working group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and unconditionally and accord him an enforceable right to compensation and other reparations, in accordance with international law.

The Working Group further urged Kazakhstan to amend or change in practice laws that do not respect international law, and to ensure that similar violations do not recur.