The criminal investigation into four police officers who tortured and threatened to murder Jehovah's Witness Daniyar Tursynbayev in the southern town of Kentau on 13 August appears to be at a standstill. An official of Kentau Prosecutor's Office – which a court had to order to begin an investigation - insists that it cannot proceed until Tursynbayev makes his statement about the torture in person in Kentau. "It is necessary that testimony is taken in the presence of the victim," he told Forum 18. "This can't be done appropriately by video."

Tursynbayev and his family fled from Kentau to the city of Almaty after the torture, fearing for their safety. He has offered to testify in Almaty or by video, but Kentau Prosecutor's Office has rejected this. "Returning to Kentau - the town where he was tortured and threatened with death - causes Tursynbayev serious concern for his life and the safety of his family," Jehovah's Witnesses told Forum 18 (see below).

Four police officers – reportedly led by Lieutenant Colonel Baglan Yankin - subjected Tursynbayev to repeated torture and murder threats. After six hours of interrogation and torture, he admitted he had conducted "illegal missionary activity". After release late in the evening, his friends took him to hospital to document his fractured rib and other injuries (see below).

Kazakhstan's obligations under the United Nations Convention Against Torture require it both to arrest any person suspected on good grounds of having committed, instigated or acquiesced to torture "or take other legal measures to ensure his [sic] presence", and also to try them under criminal law. No one has been arrested or tried in relation to the torture (see below).

Lieutenant Colonel Yankin again denied that he or other officers had tortured Tursynbayev. "This is slander," he told Forum 18. He also denied that police had held Tursynbayev on 13 August for more than six hours (see below).

Lieutenant Colonel Yankin told Forum 18 that he remains at work at Kentau Police. "On what basis should I be removed from duty?" he asked. "There aren't such facts [of torture]." An administrative case has been initiated against Yankin in relation to a raid on Kentau's Jehovah's Witness community on the same day that officers tortured Tursynbayev. The case has not reached court (see below).

Erkegali Meyirbekov, head of Kentau Police, did not reply to Forum 18's September written questions about why its officers tortured Tursynbayev. An officer of Kentau Police told Forum 18 on 13 November that Meyirbekov was out of the office at a meeting. No other officer would discuss the case (see below).

On 12 September, the non-governmental Coalition Against Torture wrote to General Prosecutor Berik Asylov in Astana. It complained that no criminal case had been launched to punish the torturers for "the brutal treatment and torture" of Tursynbayev. The Coalition pointed to Kazakhstan's obligations under the UN Convention Against Torture and demanded the immediate launch of a case under Criminal Code Article 146 ("Cruel, inhuman or degrading treatment, torture") (see below).

The torture of Tursynbayev "clearly took place", notes Andrey Grishin of the Kazakhstan International Bureau for Human Rights and the Rule of Law in Almaty. Yet launching the criminal case happened only "with great difficulty". But simply the launching of the case "does not mean it will be investigated properly", he wrote (see below).

"We remain deeply concerned about Tursynbayev's safety and the integrity of the legal process," Jehovah's Witnesses told Forum 18.

Police have refused to return Tursynbayev's passport or phone which they seized on 13 August. "This is a violation of his fundamental rights and deprives him of opportunities necessary for a normal life," Jehovah's Witnesses told Forum 18. "He cannot leave the country, apply to the Public Service Centre, obtain documents, or receive medical care" (see below).

Meanwhile, fears are growing that the regime is preparing legal changes to restrict further the exercise of freedom of religion or belief. President Kasym-Zhomart Tokayev said in March that laws on religion must be "adapted to the new conditions" (see below).

One commentator in Astana pointed to the growing number of media publications criticising "dangerous sects". The individual noted that a spike in such publications – usually funded by state grants to the media – often precedes a tightening of legal controls on exercising freedom of religion or belief. "I think this issue is being promoted on state grants in advance of the initiative to change the Religion Law," the individual told Forum 18 (see below).

Tight controls on exercise of freedom of religion or belief

The regime imposes tight restrictions on the exercise of freedom of religion or belief. Against legally-binding international human rights obligations, the Religion Law allows only state-registered religious communities to hold meetings for worship which must be at state-approved locations. The Muslim community faces even tighter restrictions: only mosques subject to the state-controlled Muslim Board are allowed to exist.

All other meetings for worship risk punishment. Individuals, charities and companies face fines under Administrative Code Article 490, Part 1, Point 1 ("Violating the requirements of the Religion Law for conducting religious rites, ceremonies and/or meetings") for holding meetings for worship without state permission or allowing such meetings to be held in their premises.

Officials and politicians have repeatedly expressed an intention to make state controls over the exercise of freedom of religion or belief tighter. The head of the National Security Committee (NSC) secret police, Yermek Sagimbayev, told deputies of the non-freely-elected parliament in October 2023: "The initiative on the need to harshen legislation in the area of regulating religious activity has more than once been discussed at a government level."

In early 2024, the regime drafted a wide-ranging Amending Law to amend the 2011 Religion Law and a range of other Laws and Codes. The Law was never adopted.

Tighter controls planned on exercise of freedom of religion or belief?

However, the regime appears to remain committed to legal changes to restrict further the exercise of freedom of religion or belief. Speaking in Burabai on 14 March 2025, President Kasym-Zhomart Tokayev appeared to support concerns from a number of politicians over what they considered "the growing influence of non-traditional religious movements among young people".

"Freedom of religion is guaranteed in Kazakhstan, but disorder and permissiveness are unacceptable," Tokayev declared in remarks posted on the presidential website. "Destructive movements and ideologies alien to our culture must certainly be curbed."

Tokayev added: "The most important mission of religion is the consolidation of the nation. Documents regulating the activities of religious associations should facilitate this goal. This issue must be comprehensively studied and legislation adapted to the new conditions."

No proposed amendments to the Religion Law have yet been submitted to the Mazhilis, the lower house of parliament, according to its website.

One commentator in Astana pointed to the growing number of media publications criticising "dangerous sects". The individual noted that a spike in such publications – usually funded by state grants to the media – often precedes a tightening of legal controls on exercising freedom of religion or belief. "I think this issue is being promoted on state grants in advance of the initiative to change the Religion Law," the individual told Forum 18 on 11 November.

The attack on Kentau's Jehovah's Witness community was accompanied by a social media video on 3 July from a channel that warns of the dangers of "religious extremism" (see below).

Anuar Khatiyev, Chair of the regime's Religious Affairs Committee in the capital Astana (part of the Culture and Information Ministry), did not answer his phone each time Forum 18 called between 10 and 13 November.

Police torture Daniyar Tursynbayev, threaten with murder

On 13 August, Police in Kentau in the southern Turkistan Region detained Jehovah's Witness Daniyar Tursynbayev. Four officers – reportedly led by Lieutenant Colonel Baglan Yankin - subjected him to repeated torture and murder threats. After six hours of interrogation and torture, he admitted he had conducted "illegal missionary activity". After release late in the evening, his friends took him to hospital to document his fractured rib and other injuries.

Police did not return Tursynbayev's passport and phone that they had seized from him (see below).

Police lodged an administrative case against Tursynbayev on charges of "illegal missionary activity". If found guilty, he would be due for a fine and – as an Uzbek citizen – deportation (see below).

"This case is entirely based on confessions Kentau police officers extracted from Tursynbayev through the use of torture," Jehovah's Witnesses complained to Forum 18 in September. "We are deeply concerned that Daniyar Tursynbayev could be deported, separating him from his wife and daughter, both of whom are citizens of Kazakhstan."

Lieutenant Colonel Yankin denied that anyone had tortured Tursynbayev. "This is not true. It is disinformation," he told Forum 18 in September.

Reached on 11 November, Lieutenant Colonel Yankin again denied that he or the three other officers had tortured Tursynbayev. "This is slander," he told Forum 18. "There are cameras in the office and I could send you the video." (He did not do so.)

Lieutenant Colonel Yankin denied that officers had arrested or detained Tursynbayev on 13 August. "He wrote a statement," he insisted.

Police detained Tursynbayev at about 4 pm on 13 August and released him at about 10:30 pm. However, Lieutenant Colonel Yankin denied that police had held him for more than six hours. Yet he repeatedly refused to say at what time he claims police had detained and then released Tursynbayev. "We scan people biometrically when they come in and when they leave," he told Forum 18.

Erkegali Meyirbekov, head of Kentau Police, did not reply to Forum 18's September written questions about why its officers tortured Tursynbayev. An officer of Kentau Police told Forum 18 on 13 November that Meyirbekov was out of the office at a meeting. No other officer would discuss the case.

Rustem Sabirzhanuly, head of Turkistan Regional Religious Affairs Department, told Forum 18 in September that he had just spoken to Kentau Police. "There was no beating at all, this is an absolute lie." Reached again on 10 November, Sabirzhanuly again denied the torture of Tursynbayev. "Police said they didn't conduct torture. They went to the meeting in response to a complaint from neighbours." He claimed that a regional Jehovah's Witness leader had denied that Tursynbayev was affiliated with the community.

Forum 18 asked the National Preventive Mechanism (the body supposed to prevent torture in places where people are detained) in Astana in September whether it has taken up Tursynbayev's case, what it has done (if anything) on his case, and why those who tortured Tursynbayev had not been arrested. Forum 18 received no response.

Kazakhstan's obligations under Convention against Torture

Kazakhstan is a party to the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. This defines torture as "any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted on a person for such purposes as obtaining from him or a third person information or a confession, punishing him for an act he or a third person has committed or is suspected of having committed, or intimidating or coercing him or a third person, or for any reason based on discrimination of any kind, when such pain or suffering is inflicted by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity."

Under the Convention, Kazakhstan is obliged both to arrest any person suspected on good grounds of having committed, instigated or acquiesced to torture "or take other legal measures to ensure his [sic] presence", and also to try them under criminal law which makes "these offences punishable by appropriate penalties which take into account their grave nature".

Many Muslim prisoners of conscience jailed for exercising their freedom of religion or belief have been tortured in a variety of ways. Prison officials responsible do not generally face arrest or punishment.

Police raid religious meeting

Also on 13 August, a few hours after it detained Tursynbayev, Kentau Police raided the home where the Jehovah's Witness community meets. "Your actions are illegal. Stop your actions," Baglan Yankin, Deputy Chief of Kentau Police Department, told those gathered. He insisted to them that he was speaking "on behalf of the government of the Republic of Kazakhstan". He ordered those present to leave the premises.

Police took three further Jehovah's Witnesses to the police station but freed them after several hours' questioning.

On 3 July, a social media channel Aqiqat Soz published a short video where local residents called for the Jehovah's Witness community in Kentau to be closed down as its members "directly contradict the bases of Kazakh culture and faith". It said local residents had submitted a complaint to the local administration on 12 June.

In July, Kentau Akimat (Administration) tried through the Town Court to have the activity of the registered Jehovah's Witness community suspended. It failed on technical grounds. It did not respond to Forum 18's 11 September question why it had sought the suspension of the legal entity's activity.

Tursynbayev seeks redress for police torture

After his release, Daniyar Tursynbayev moved to the city of Almaty, fearing that he and his family would not be safe in Kentau.

Tursynbayev sought redress for the torture inflicted by police officers in Kentau. However, Kentau Prosecutor's Office initially refused to launch an investigation.

On 12 September, the non-governmental Coalition Against Torture wrote to General Prosecutor Berik Asylov in Astana. It complained that no criminal case had been launched to punish the torturers for "the brutal treatment and torture" of Tursynbayev. The Coalition pointed to Kazakhstan's obligations under the UN Convention Against Torture and demanded the immediate launch of a case under Criminal Code Article 146 ("Cruel, inhuman or degrading treatment, torture").

On 12 September, Kentau Town Court upheld Tursynbayev's complaint and ruled that the Kentau Prosecutor acted unlawfully when he transferred the statement regarding torture inflicted on Tursynbayev by officers of Kentau Police to the Internal Security Division of Turkistan Regional Police. The court ordered the prosecutor to initiate an investigation under Criminal Code Article 146.

On 15 September, the prosecutor appealed against this court decision to Turkistan Regional Court.

Additionally, on 15 September, Turkistan Regional Court upheld Tursynbayev's appeal and ruled that Kentau Prosecutor's refusal to independently initiate an investigation into the torture allegations was unlawful. The court ordered the prosecutor to rectify this violation.

On 25 September, Kentau Prosecutor's Office opened a pre-trial investigation into the torture of Tursynbayev by police officers. "Significantly, this investigation was not initiated by the prosecutor's office but was ordered by Kentau Town and Turkistan Regional Courts, which ordered the prosecutor to register the complaint and investigate," Jehovah's Witnesses told Forum 18.

The very evening that the case was registered, Kentau Prosecutor D. Dosaliyev sent an SMS message to Tursynbayev's lawyer. He requested Tursynbayev's appearance for questioning at Kentau Prosecutor's Office the following morning, 26 September - despite the fact that Tursunbayev had left Kentau because of concerns for his safety and was living in Almaty.

On 26 September, Tursynbayev's lawyer submitted a petition requesting that the questioning be conducted in Almaty or by video. "The relevant law provides for questioning of a victim at either their place of residence or via video conference," Jehovah's Witnesses told Forum 18. "Tursynbayev has valid reasons to fear for his safety should he return to Kentau, as the police officers regarding whom he complained have not been suspended from duty and continue to search for him, exerting pressure on his associates and his lawyer."

On 27 September, Kentau Prosecutor's Office denied the application, insisting on Tursynbayev's personal appearance in Kentau despite lawful alternatives being available. The lawyer appealed against this denial, but on 9 October, Kentau Town Court rejected the appeal, upholding the requirement for questioning in Kentau. Turkistan Regional Court also rejected a further appeal.

On 1 October, Kentau Prosecutor's Office denied the second motion (questioning via video conference). The lawyer appealed against the decision to Kentau Town Court, which rejected the appeal on 22 October.

Simply launching the case "does not mean it will be investigated properly"

Aidos Iskakov of Kentau Prosecutor's Office implied that the investigation into the torture of Daniyar Tursynbayev is at a standstill. He insists that Tursynbayev must make his statement about the torture in person. "It is necessary that testimony is taken in the presence of the victim," he told Forum 18 from Kentau on 13 November. "This can't be done appropriately by video."

Told that Tursynbayev fears for his safety if he returns to Kentau, Iskakov responded: "We offered for him to give the testimony in Turkistan, but he refused. He doesn't want to go there."

Iskakov refused to give any other information about the pre-trial investigation. "I can't give any information about what stage the investigation is at, because of the secrecy of the investigation. I can't say if anyone has been arrested or not."

Jehovah's Witnesses point to Tursynbayev's fears. "Returning to Kentau - the town where he was tortured and threatened with death - causes Tursynbayev serious concern for his life and the safety of his family," they told Forum 18.

On 1 October, Murat Tleuberdiyev, Head of Turkistan Region Prosecutor's Office, replied to the Coalition Against Torture's 12 September letter to the General Prosecutor. Tleuberdiyev noted the opening on 25 September of a "pre-trial investigation" under Criminal Code Article 146, Part 2, Paragraph 1. He added that "necessary investigative measures" are underway. "The course of the investigation is under the control of the Regional Prosecutor's Office," he wrote in the letter seen by Forum 18.

Nurdaulet Zhanatayev of Turkistan Region Prosecutor's Office, who drafted Tleuberdiyev's response to the Coalition Against Torture, insists that Kentau Prosecutor's Office is continuing the investigation, despite Iskakov's comments. "An expert analysis has been commissioned," Zhanatayev told Forum 18 from Turkistan on 13 November. He would not say what the "expert analysis" is of.

Zhanatayev said that no one had been arrested and no criminal case has been presented to court. However, he refused to give any other information about the case, citing the secrecy of the investigation.

Told that Kentau Prosecutor's Office is not proceeding with the investigation until Tursynbayev comes to Kentau to give testimony in person, Zhanatayev insisted again that it is proceeding. He refused to explain whether the law does or does not allow Tursynbayev to give testimony by video.

The torture of Tursynbayev "clearly took place", notes Andrey Grishin of the Kazakhstan International Bureau for Human Rights and the Rule of Law in Almaty. Yet launching the criminal case happened only "with great difficulty". But simply the launching of the case "does not mean it will be investigated properly", he wrote on 17 October.

Police to be punished for disrupting religious meeting?

On 22 September, the registered Jehovah's Witness local religious organisation based 200 kms away in Aksukent, to which the Kentau community belongs, and several individual believers submitted a complaint to the Religious Affairs Committee in the capital Astana regarding the unlawful police disruption of their worship meeting on 13 August.

In its 13 October response, the Committee refused to initiate proceedings, claiming a lack of authority to hold the responsible officials accountable.

Anuar Khatiyev, Chair of the Religious Affairs Committee in Astana, did not answer his phone each time Forum 18 called between 10 and 13 November.

After a similar 3 October complaint to the General Prosecutor's Office, the materials regarding the disruption to the religious meeting were passed to Turkistan Region Prosecutor's Office and then to Kentau Prosecutor's Office.

Kentau Prosecutor's Office initiated a case under Administrative Code Article 490, Part 2 ("Impeding lawful religious activity as well as violation of the civil rights of physical persons on grounds of their religious views or insulting their feelings or profanation of items, buildings and places revered by followers of any religion, unless there are signs of criminally punishable actions") against Police Lieutenant Colonel Baglan Yankin.

(Officials who violate freedom of religion or belief are not previously known to have been punished. Officials generally use Administrative Code Article 490, Part 2 only to punish Muslims who, during prayers in mosques, say the word "Amen" aloud.)

Lieutenant Colonel Yankin confirmed the administrative case to Forum 18 on 11 November, but said the court has not yet set a date to hear it. He said Kentau Police have not removed him from duty. "On what basis should I be removed from duty?" he asked. "There aren't such facts [of torture]."

On 20 October, Kentau Prosecutor's Office sent the materials to Kentau Police with instructions to consider Colonel Yankin's disciplinary liability. The results are pending.

On 8 October, Jehovah's Witnesses filed a separate complaint with Kentau Town Court under Administrative Code Chapter 44 (which covers appeals against state agencies' actions or failure to take actions in cases of alleged administrative violations). The complaint was about the inaction of Kentau Police and the unlawful actions of Colonel Yankin and three other police officers. The court accepted the complaint but a hearing date has not yet been set.

An officer of Kentau Police told Forum 18 on 13 November that its head, Erkegali Meyirbekov, was out of the office at a meeting. No other officer would discuss the case.

Tursynbayev accused of unlawful missionary activity

On 13 August, after officers tortured Tursynbayev and unlawfully seized his passport and mobile phone, Colonel Baglan Yankin of Kentau Police drew up a record of an offence against him under Administrative Code Article 490, Part 3 ("Carrying out missionary activity without state registration (or re-registration)").

On 8 September, police sent the administrative case against Tursynbayev to Kentau Town Court.

On 13 September, Tursynbayev's lawyer filed a motion with Kentau Town Court to transfer the case to Almaty, since Tursynbayev had moved and had formally notified the court of his change of residence. On 15 September, Kentau Town Court granted the motion and ordered the transfer of the case to Almaty's Specialised Inter-District Administrative Court.

On 1 October, the lawyer discovered online that on 30 September, the Almaty court had accepted the administrative case, scheduled a hearing for the same day at 17:30, and summoned Tursynbayev to appear.

"Neither Tursynbayev nor his lawyer was notified, even though the case file contains the lawyer's contact information," Jehovah's Witnesses complained to Forum 18. Because of Tursynbayev's "failure to appear", the judge issued an order for his compulsory appearance. At 18:30, the police arrived at Tursynbayev's residence, but did not find him at home.

On 2 October, Tursynbayev and his lawyer went to the Specialised Inter-District Administrative Court in Almaty and submitted a motion stating that he was ready to appear and requesting notification of the hearing. Nevertheless, the court issued a ruling to return the administrative case to Kentau.

On 3 October, Tursynbayev's lawyer learned of this transfer and filed an appeal. On 6 October, Tursynbayev himself filed similar appeals.

On 23 October, Tursynbayev and his lawyer personally attended the appellate panel of Almaty City Court and provided evidence of his residence in Almaty. Nevertheless, the court upheld the Specialised Inter-District Administrative Court's decision to return the case to Kentau. (The complaint regarding the compulsory appearance order - since neither the lawyer nor Tursynbayev was properly notified by the court - is still under review.)

The administrative case has now been returned to Kentau Town Court. The court website does not list any hearings in the case.

No residence permit, no passport

Since 13 August, Daniyar Tursynbayev – now living with his family in Almaty - has been without his passport. "This is a violation of his fundamental rights and deprives him of opportunities necessary for a normal life," Jehovah's Witnesses told Forum 18. "He cannot leave the country, apply to the Public Service Centre, obtain documents, or receive medical care."

On 2 September, Tursynbayev's lawyer filed complaints with Kentau Police and Turkistan Regional Police regarding the seizure of his passport and phone. Officials responded to his lawyer that the passport is in the administrative case file and the phone is retained as physical evidence.

On 13 September, Tursynbayev's lawyer filed further complaints regarding the unlawful seizure of the passport and phone.

On 1 October, the secretary of the judge at Almaty's Specialised Inter-District Administrative Court informed the lawyer that Tursynbayev's passport was not among the case materials and its whereabouts were unknown.

Against this background, on 16 October Tursynbayev's lawyer learned that on 9 October, Kentau Police terminated his temporary residence permit with immediate effect and without notice. (The original residence permit was valid until 7 August 2026.) Tursynbayev was forced to pay a fine and obtain a new residence permit. (END)

More reports on freedom of thought, conscience and belief in Kazakhstan

For background information, see Forum 18's Kazakhstan freedom of religion or belief survey

Forum 18's compilation of Organisation for Security and Co-operation in Europe (OSCE) freedom of religion or belief commitments

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