Kazakhstan

Constitutional Provisions

Article 15(1) of the 1995 Constitution of the Republic of Kazakhstan (as amended) provides that "Everyone shall have the right to life." According to Article 17 of the Constitution:

1. A person’s dignity shall be inviolable.

2. No one must be subject to torture, violence or other treatment and punishment that is cruel or humiliating to human dignity.

Article 32 guarantees the right of peaceful assembly:

Citizens of the Republic of Kazakhstan shall have the right to peacefully and without arms assemble, hold meetings, rallies and demonstrations, street processions and pickets. The use of this right may be restricted by law in the interests of state security, public order, and protection of health, rights and freedoms of other persons.

The Constitution does not specifically address police use of force.

Treaty Adherence

Global Treaties

Regional Treaties

There is no regional human rights treaty to which Central Asian nations can become party. 

National Legislation

Police Use of Force

Law enforcement in Kazakhstan is the responsibility of the Kazakhstan police. There is not believed to be national legislation in place governing police use of force. 

The police force comes under the jurisdiction of the Ministry of Internal Affairs, though in November 2018 Kazakh President Nursultan Nazarbayev stated that law enforcement is under his special control. A month earlier, the Interior Ministry announced that it had started elaborating the roadmap for the modernization of the country's police.

According to Article 32(3) of the Criminal Code:

Use of excessive force in self-defence shall be recognized as obvious inconsistence of protection to the nature and extend of social danger of infringement, in a result of which obviously excessive harm, not occurred by circumstance is caused to the attacker. Such excess shall involve a criminal responsibility only in the cases of intentional infliction of harm. Infliction of harm to person, encroaching on human life, or upon repulse of other infringement, linked with armed attack or violence, dangerous for the life of the defenders or other persons or direct threat of such violence, or with forcible entry to the dwelling place, premise, as well as if the defender due to the suddenness of infringement could not objectively assess the extent and nature of the danger of attack shall not be the use of excessive force in self-defence.

Police Oversight

There is no civilian independent police oversight body in Kazakhstan. 

Caselaw

Global

Views and Concluding Observations of United Nations Treaty Bodies

In its 2023 Concluding Observations on Kazakhstan, the Committee against Torture expressed its deep concern about 

many consistent reports indicating various forms of torture and ill-treatment, including excessive use of force, resulting in multiple deaths and injuries, beatings, electric shocks and sexual violence in custody, which occurred in the context of the January 2022 protests, and acts of intimidation, threats and arbitrary detention of human rights defenders in connection with their human rights work. It is also concerned about the high rate of closure of cases (236 out of 329 cases) concerning torture or abuse of authority, by the Prosecutor’s Office and the Anti-Corruption Agency, as unsubstantiated or due to lack of evidence of a crime or difficulties in identifying suspects, and about the low number of cases reaching the adjudication stage. … Of particular concern are the alleged difficulties in gathering and corroborating evidence during the investigation of cases of torture and ill-treatment, cooperation among the officers and medical professionals concerned to cover up such acts, and the victims’ fear of reprisal and retaliation. 

The Committee was also concerned about information indicating that 

the burden of proof that torture or ill-treatment has been committed has been shifted to the alleged victims by the investigators, while noting the delegation’s statement to the contrary. Furthermore, the Committee notes with concern the pending investigations into deaths in custody allegedly resulting from torture in relation to the events of January 2022, even though it takes into account the reported progress made in a number of cases.

In its 2016 Concluding Observations on Kazakhstan, the Human Rights Committee had expressed its concern about reports that 

no independent, impartial and effective investigation has been conducted into the human rights violations allegedly committed in connection with the protests in Zhanaozen on 16 and 17 December 2011, including disproportionate and indiscriminate use of force by law enforcement resulting in 12 deaths and serious injuries to dozens of others, mass detentions, torture and ill-treatment of individuals deprived of their liberty, forced confessions (including from witnesses), and fair trial violations such as denial of access to counsel.

In 2012, the UN High Commissioner for Human Rights rhad eferred to the events in Zhanaozen, when some 15 people were killed and dozens injured after police fired live rounds into crowds of people. Several UN special procedures mandate holders sent a joint communication regarding allegations of widespread acts of violence and excessive use of force against protesters in Zhanaozen. The Special Rapporteur on torture expressed concern at the reported incidence of violence and excessive use of force by law enforcement officials against the protesters.

Regional

There is no regional human rights court with jurisdiction over police use of force in Kazakhstan.

National

Kazakhstan has reported that five police officers who wrongfully used their weapons against participants in the Zhanaozen riots were convicted under the Criminal Code, for exceeding their authority, and received prison sentences of varying lengths.

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