Case History: Ermek Narymbaev
He was again sentenced to thirteen days’ imprisonment in June 2017 and is currently appealing the decision.
On 30 March 2016, the Appellate Collegium of the Court of Almaty, replaced the three years' imprisonment sentence of human rights defender Mr Ermek Narymbaev with two and a half years of less restrictive forms of deprivation of liberty, out of prison.
On 22 January 2016, Ermek Narymbaev was found guilty of intentionally using communication networks to incite national discord and insult the honour and dignity of the Kazakh nation.
Ermek Narymbaev is an independent human rights defender. He has been actively involved in exposing financial fraud carried out by a number of banks in Kazakhstan and is outspoken about the government's failures to protect the human rights and interests of Kazakh people. Furthermore, he provides legal advice to people who have been deliberately misinformed by their banks. In 2011 he was honoured by Kazakh civil society and received a national “Freedom” award.
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- 31 March 2016 : Sentence against human rights defender Ermek Narymbaev reduced in appeal
- 5 February 2016 : Human rights defender Ermek Narymbaev continues hunger strike in protest against his prison sentence
- 16 September 2015 : Human rights defender Ermek Narymbaev released
- 25 August 2015 : Human rights lawyer Ermek Narymbaev imprisoned
On 30 March 2016, the Appellate Collegium of the Court of Almaty, replaced the three years' imprisonment sentence of human rights defender Mr Ermek Narymbaev with two and a half years of less restrictive forms of deprivation of liberty, out of prison.
The Appellate Collegium of the Court of Almaty firstly proceeded to replace the sentence of Ermek Narymbaev to imprisonment with three years of less restrictive forms of deprivation of liberty, outside of prison. In its reasoning, the Court took into account a number of mitigating circumstances, including the state of the human rights defender's health, his marital status, the presence of a dependent minor child and elderly parents, as well as his good character. The Court went on to consider the period already spent by Ermek Narymbaev in custody and further reduced his sentence to two years and five months of restriction of liberty. The ban on the human rights defender's involvement in any activities with public associations in the next 5 years remains in place. Under the new sentence, Ermek Narymbaev may be subjected to various restrictions, including on his place of residence and his freedom of movement during certain hours.
On 22 January 2016, the Almalinsky District Court in Almaty convicted Ermek Narymbaev for 'incitement to social, class, clan, national, tribal and religious hatred' under Article 174 part 1 of the Criminal Code, in connection with a message he had posted on his Facebook page. He was sentenced to three years' imprisonment, with the forfeiture of his right to engage in any activities with public associations for the next 5 years. The human rights defender denied the charges against him.
Front Line Defenders welcomes the decision of the Court of Almaty to replace Ermek Narymbaev's initial imprisonment sentence. Front Line Defenders, however, condemns the conviction of the human rights defender, which it believes is directly linked to Ermek Narymbaev's peaceful and legitimate work in defence of human rights in Kazakhstan.
On 5 February 2016, detained human rights defender Mr Ermek Narymbaev began his 19th day on hunger strike in protest against his conviction on 22 January 2016.
The Almalinsky District Court in Almaty convicted Narymbaev for 'incitement to social, class, clan, national, tribal and religious hatred'. He was convicted in connection with a message he had posted on his Facebook page, and sentenced to 3 years' imprisonment, with forfeiture of his right to engage in any activities with public associations in the next 5 years.
On 22 January 2016, Ermek Narymbaev was found guilty of intentionally using communication networks to incite national discord and insult the honour and dignity of the Kazakh nation. The human rights defender received a 3-year prison term under Article 174 part 1 of the Criminal Code. He denies the charges against him and intends to appeal his sentence.
The human rights defender was arrested on 12 October 2015 in Almaty, after a raid by police on his house. The arrest was made in connection with a post the he had made on social media on 8 October 2015, in which he questioned a criminal investigation launched against Mr Telibekov, head of the Union of Muslims in Kazakhstan, under Article 174. The investigation against Mr Telibekov was initiated in relation to a book he had published which began by criticising the Kazakh people in provocative terms. In his post, Ermek Narymbaev quoted from the book, and stated that while he accepted that Mr Telibekov's words may appear offensive, they should be considered as being satirical.
Ermek Narymbaev's health condition is currently poor. The human rights defender was brought to his final court hearing on 22 January 2016 on a stretcher, and spent the entire trial lying on a bench. He began his hunger strike on 18 January 2016, in protest at the arbitrariness of judicial process in Kazakhstan. On 6 January 2016, he was rushed from court to hospital, as a result of cardiac problems.
On 10 September 2015, human rights lawyer Mr Ermek Narymbaev was released from the Department of the Interior's administrative detention centre in Almaty, where he had been held since 21 August 2015.
Ermek Narymbaev is an independent human rights defender. He has been actively involved in exposing financial fraud carried out by a number of banks in Kazakhstan and is outspoken about the government's failures to protect the human rights and interests of Kazakh people. Furthermore, he provides legal advice to people who have been deliberately misinformed by their banks. In 2011 he was honoured by Kazakh civil society and received a national “Freedom” award.
On 10 September 2015, the human rights defender was released after spending 20 days in the Department of the Interior's administrative detention centre in Almaty. He was released six hours prior to the scheduled time, which might have been in order to avoid a public gathering in support of the human rights defender on his release. On 21 August 2015, he had been sentenced to 20 days imprisonment by the Administrative Court for convening an unsanctioned demonstration. However, no such protest took place. His appeal against decision was dismissed by the Almaty City Court on 3 September 2015.
Ermek Narymbaev was arrested on 20 August 2015, without a warrant, as he was leaving his office. He was forced to sign a document without being given an opportunity to read it. The content of this document remains unknown. He was informed that his arrest was due to a statement published on a social network page where he stated that he was planning to protest against the latest economic policy of the government. However, at the time of his arrest, Ermek Narymbaev had not taken part in nor organised any such protest.
On 21 August 2015, human rights lawyer Ermek Narymbaev was arrested and sentenced to 20 days imprisonment. He was found guilty of allegedly convening an unsanctioned demonstration. However, no such demonstration took place.
Ermek Narymbaev is an independent human rights defender. He has been actively involved in exposing financial fraud carried out by a number of banks in Kazakhstan and is outspoken about the government's failures to protect the human rights and interests of Kazakh people. Furthermore, he provides legal advice to people who have been deliberately misinformed by their banks. In 2011 he was honoured by Kazakh civil society and received a national “Freedom” award.
On 20 August 2015, at 6:30 pm Ermek Narymbaev was confronted by five police officers as he was leaving his office. A prosecutor, who was also present, ordered him to sign a document, which appeared to be a notification regarding illegal demonstrations. Once he signed the document, the police officers arrested the human rights defender by force. Despite his demands, the police officers refused to show him an arrest warrant. Instead, he was informed that his arrest was due to a statement which he had published on a social network page where he stated that he was planning to protest against the latest economic policy of the government. However, at the time of his arrest, Ermek Narymbaev had not taken part in nor organised any such protest.
Following his arrest, Ermek Narymbaev was taken to the Administrative Court for a hearing which started at 10:30 pm. Although his lawyer challenged a number of procedural irregularities in the case, her complaints were dismissed. The court scheduled Ermek Narymbaev's trial for 9:30am the following day.
On the morning of the trial on 21 August 2015, Ermek Narymbaev was taken to hospital as he was suffering from high blood pressure. The human rights lawyer received a medical certificate stating that he was unable to attend the trial. However, doctors later stated that he was in good enough health, reportedly after receiving a number of phone calls, and he was brought to the court. During the trial, he was forced to stand while giving his testimony, despite stating that he felt weak and dizzy. No independent press or family members were permitted access to the hearing. Ermek Narumbaev was sentenced to twenty days imprisonment in total for convening an illegal demonstration and for contempt of court. He is currently being held at the Department of the Interior detention centre for administrative detainees in Almaty.
The human rights defender has faced continuous harassment and intimidation as a result of his human rights activities. On 3 July 2015, he was sentenced to 15 days imprisonment following an interview he gave to the local media on the Day of Kazakhstan's Independence. In 2013, unidentified perpetrators burned his car. In 2010 he was sentenced to four years imprisonment on charges of convening an illegal demonstration, resisting arrest and contempt of court. He was released in 2012.
