Human rights activists of Kazakhstan demand to stop the unjustified kettling against peaceful protesters. An online petition was posted on the website of the Coalition for the Safety and Protection of Human Rights Defenders of PANA.
The authors of the appeal note that the practice of kettling (encircling a group of protesters with police cordons and keeping them inside barriers for a long period of time) was initiated by the police of Kazakhstan in June 2020.
“Nine times the police surrounded groups of peaceful protesters, not allowing people to leave the circle, not allowing food and water to be handed over to them, not letting them go to the toilet. Maximum people were held for 10.5 hours, while they fainted, received frostbite. After that, the police allowed them to leave the place without drawing up a protocol on an administrative offense. At the same time, the police don’t explain the rights, don’t inform about the reasons for restricting personal freedom and the composition of the offense, don’t accompany their actions with the words “In the name of the law!”. Unidentified persons try to provoke fights with those inside the ring, insult them, bring sound-amplifying equipment with them and turn on the music at full volume. The above can be qualified as torture and abuse of authority or official powers,” write the authors of the petition.
They also note that government agencies such as the Anti-Corruption Agency, the Prosecutor’s Office, the court, and even the Ombudsman consider kettling as a legitimate police instrument when restricting citizens’ constitutional rights to personal freedom, to freedom of expression and to peaceful assembly.
“Legality, necessity, proportionality, legal predetermination as the principles of limiting human rights and freedoms don’t count. In world practice, kettling is used in exceptional cases, with obvious aggression or signs of violence by the protesters. However, the use of kettling in Kazakhstan wasn’t justified by the safety of anyone.
The actions of the policemen violate the articles 2, 9, 19 and 21 of the International Covenant on Civil and Political Rights (ICCPR), ratified by Kazakhstan on February 11, 2009 and having priority over national legislation in the republic. Its direct application is one of the components of effective legal remedies,” remind the authors of the appeal.
In connection with the above, human rights defenders of Kazakhstan demand the recipients of the petition (these are the Interior Minister Erlan Turgumbaev, the Prosecutor General Gizat Nurdauletov and the Ombudsman Elvira Azimova) to stop the practice of unjustified use of kettling against peaceful protesters, to prosecute police officers who violate the rights of citizens, applying kettling to them, and violating the Criminal Code of Kazakhstan, and to bring the practice of using kettling in accordance with the international standards.
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