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Kazakhstan, 13 September 2011: Arbitrary arrest and administrative conviction of human rights defender and labour rights leader, Ms Natalya Azhigalieva.

On 8 September 2011, human rights defender and labour rights leader, Ms Natalya Azhigalieva, was arbitrarily arrested in Zhanaozen and subsequently sentenced to 15 days of administrative detention following a short trial which was held in camera on that same day. Natalya Azhigalieva is one of the leaders of the strike committee set up by workers of the oil company /Ozenmunaigaz/. In May 2011, oil industry workers throughout Kazakhstan began a strike which is currently ongoing, in response to a dispute which erupted in January 2011 regarding demands for an increase in salaries and an improvement in work conditions. To date, some 1200 oil industry workers have been dismissed for their participation in the strike, and a number of other human rights defenders and their families have been subjected to acts of intimidation, harassment, and violence.

According to the information received from Kazakh NGO 'Kadyr Kassiet'(Dignity), on 8 September 2011 at 1.30 pm approximately, as Natalya Azhigalieva was making her way to her relatives' home in Zhanaozen, she noticed that she was being followed by a black car. Upon entering the home of her relatives, two cars pulled up and parked outside and approximately 10 persons, somewearingpolice uniforms while others were in plain clothing, got out of the vehicles and stormed the house. They arrested Natalya Azhigalieva without presenting an arrest warrant. Natalya Azhigalieva's 14-year-old relative, who was present at the time of the arrest, tried to intervene but was beaten by the men. He was briefly hospitalised as a result of his injuries. Natalya Azhigalieva was driven to the Zhanaozen police station. Meanwhile, police officers searched her relatives' house but failed to produce a search warrant.

Some hours later, Natalya Azhigalieva was brought before the Zhanaozen Administrative Court where a hearing which lasted approximately 30 minutes took place behind closed doors. Neither her lawyer nor her family and colleagues were informed and consequently were not present. Kazakh human rights defenders contacted the authorities and requested information regarding her arrest but they were denied an explanation. Natalya Azhigalieva was sentenced to15 days of administrative detention on the charge of disobedience of a lawful order by police' under Article 355 (2) of the Administrative Code of the Republic of Kazakhstan.

The charge relates to events that occurred late on the night of 7 July 2011 when police officers began to use force to disperse those who were peacefully protesting, including Natalya Azhigalieva who was on hunger strike at the time. In order to prevent the dispersal, a number of strikers doused themselves with gasoline and threatened to set themselves on fire if police officers approached them. A police officer reportedly lodged a complaint against the strikers for disobeying a police order. According to the statute of limitations (Article 69 of the Administrative Code), a person can only be prosecuted for such an offence within two months from its commission, therefore bringing a conviction against Natalya Azhigalieva after the two-month period has expired is unlawful.

Since the industrial strike began in May 2011, Natalya Azhigalieva has been subjected to a number of acts of intimidation, harassment, and violence. In one particular incident which occurred on 18 August 2011 at 2 am approximately, Natalya Azhigalieva's home was attacked by up to six unknown men who got out of a white Jeep with no registration plates, and threw bottles at the windows. They threatened Natalya Azhigalieva's mother and daughter, who were present at the time, saying that she had to “calm down”. Natalya Azhigalieva's mother called the police, but they reportedly laughed at her and hung up. Since this incident, Natalya Azhigalieva has been unable to stay in her own home out of fear that her family or home may be subjected to a similar attack.

In January 2011, a dispute erupted between oil industry employees and management in numerous oil companies in Zhanaozen and Aktau. Natalya Azhigalieva was designated by the United Commission of Trade Unions to act as their representative on the Arbitration Commission mandated to find a solution in the aforementioned labour dispute. However, it is reported that the management of the oil company objected to her candidacy and consequentially she became an unofficial leader of the protest movement. Since the beginning of the dispute, approximately 1200 oil industry employees who participated to the strikes have been dismissed, in an apparent violation of Article 305 of the Labour Code of the Republic of Kazakhstan which prohibits dismissals during a collective labour dispute. According to the authorities, the strike was declared illegal by a court and the dismissal of those on strike is therefore lawful. However, to date none of the workers on strike or trade union leaders have received any evidence or official confirmation of that court decision.

In August alone, a number of incidents targeting human rights defenders and trade unionists have been recorded, including two murders which may be linked to

  • On 3 August, on the same day that Mr Zhaksylyk Turtbaev was due to be elected to the trade union committee, his body was found at his workplace. It is reported that although the authorities have stated that the murder was a criminal act, they have failed to link it to his involvement in the industrial dispute.

  • On 8 August, Natalya Sokolova, legal representative for a trade union formed by employees of the Karazhanbasmunbay oil company, was found guilty by the Aktau City Court of 'inciting social disorder' and 'organising illegal gatherings', and was sentenced to six years imprisonment (http://www.frontlinedefenders.org/node/15522).

  • On 16 August, /Ozenmunaigaz/trade union leader Akzhanat Aminov was given a one-year suspended sentence with a further two-year probation period for allegedly breaching the rules governing public assemblies. During his 8-day pre-trial detention, Akzhanat Aminov, who suffers from diabetes, was denied access to his medication.

  • It has been reported that children whose parents are involved in the strikes have also been targeted. In one particular incident on 24 August, the body of Ms Zhansaule Karabalaeva, the 18-year-old daughter of a trade union activist was found. Many children have been expelled from summer camps and in some case from schools.

Front Line is concerned at the arbitrary arrest, unfair trial and sentencing of Natalya Azhigalieva and strongly believes that she has been targeted solely as a result of her work in the defence of human rights, in particular her involvement in the aforementioned industrial strike. Front Line is also deeply concerned regarding ongoing acts of harassment, intimidation, and violence perpetrated against numerous human rights defenders and trade unionists, as well as their families during the ongoing industrial strike.

Front Line deplores the absence of dialogue between oil industry employees and management, and strongly condemns all excessive use of force and acts of violence, intimidation and judicial harassment perpetrated against those exercising their lawful right to peacefully protest as enshrined in international law.

Front Line urges the authorities in Kazakhstan to:

  1. Overturn the sentence against human rights defender Natalya Azhigalieva, and immediately and unconditionally release her, as Front Line believes that she has been targeted solely as a result of her human rights work;

  2. Ensure that all acts of intimidation, harassment including judicial harassment, and violence perpetrated against Natalya Azhigalieva and her family cease immediately. In this connection, ensure that her physical and psychological integrity and security, and that of her family, is guaranteed, permitting her to continue her legitimate work as a human rights defender and labour rights leader;

  3. Carry out a thorough and impartial investigation into the raid on the home of Natalya Azhigalieva, as well as the beating of her 14-year-old relative, ensuring that those responsible are brought to justice in accordance with international legal standards;

  4. Ensure that other human rights defenders and trade unionists are not subjected to similar acts of intimidation, harassment including judicial harassment, or violence;

  5. Immediately conduct an impartial, independent, and thorough investigation into the aforementioned violations of which there are two murders, ensuring that the findings are published and those responsible are brought to justice;

  6. Guarantee in all circumstances that all human rights defenders in Kazakhstan are able to carry out their legitimate human rights activities without fear of reprisals and free of all restrictions including judicial harassment.

    For actions see: http://www.frontlinedefenders.org/act