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KAZAKHSTAN: Fined, ordered deported, but torture unpunished

On 21 November, Kentau Town Court fined and ordered deported Jehovah's Witness Daniyar Tursynbayev – an Uzbek citizen - for posting on Telegram about his faith. Deportation is suspended, pending his appeal. "Deportation will separate Daniyar Tursynbayev from his wife and infant daughter - citizens of Kazakhstan - or force them to leave the country," Jehovah's Witnesses complain. "The conviction is based solely on testimony obtained under torture." Lieutenant Colonel Baglan Yankin – one of four police officers suspected of the torture – denies it. Tursynbayev "invented it all", he claims.

On 21 November, Kentau Town Court in southern Kazakhstan found Jehovah's Witness Daniyar Tursynbayev guilty of "illegal missionary activity" for posting messages on his Telegram channel about his faith. The judge fined the 25-year-old Uzbek citizen about one month's average wage and ordered his deportation. "Deportation will separate Daniyar Tursynbayev from his wife and infant daughter - citizens of Kazakhstan - or force them to leave the country," Jehovah's Witnesses told Forum 18.

Daniyar Tursynbayev after torture at Kentau Police Station, 13 August 2025
Jehovah's Witnesses
The court punished Tursynbayev under Administrative Code Article 490, Part 3 ("Carrying out missionary activity without state registration (or re-registration)") (see below).

Tursynbayev's lawyers filed an appeal to Turkistan Regional Court. This suspends the deportation decision until the appeal is heard. No hearing is yet listed (see below).

"The conviction is based solely on testimony obtained under torture," Jehovah's Witnesses told Forum 18. "This violates the UN Convention Against Torture and the right to a fair trial under Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 17 of Kazakhstan's Constitution" (see below).

The Prosecutor's Office, which is reviewing Tursynbayev's torture claims, insisted on pursuing the case before completing its review, Jehovah's Witnesses complained. "We believe this case was initially fabricated to conceal unlawful actions by the police, which raises serious concerns about due process and fairness" (see below).

Kentau Police detained Tursynbayev on 13 August. At the police station, four 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. No police officer has been punished for the torture (see below).

The same day, Kentau police raided a Jehovah's Witness meeting. "Your actions are illegal. Stop your actions," Lieutenant Colonel Yankin told those gathered. After a Jehovah's Witness complaint to the General Prosecutor's Office, Kentau Prosecutor's Office initiated a case against Yankin under administrative charges of "Impeding lawful religious activity". No hearing is yet listed (see below).

Lieutenant Colonel Yankin insists that Tursynbayev is lying about the torture. "He is deceiving people," he told Forum 18. "He has artificially created this scandal. He invented it all." Yankin refused to explain why he will not share video recordings from his office from that day with the Prosecutor's Office or Tursynbayev's lawyers. "I won't give them to anyone – they are stored in a secure place on the cloud. They are my insurance policy" (see below).

Rustem Sabirzhanuly, head of Turkistan Regional Religious Affairs Department, did not answer his phone each time Forum 18 called between 4 and 8 December. In September and again in November, he denied that police tortured Tursynbayev, calling it "an absolute lie".

Officials at the Culture and Information Ministry's Religious Affairs Committee in Astana – including its head Anuar Khatiyev; deputy head Adilbek Seifullin; and Beimbet Manetov, head of the Department of Law Enforcement Practice in the Field of Religious Activities - did not answer their phones each time Forum 18 called between 4 and 8 December.

Regime-sponsored warnings against sharing faith are widespread in advertisements – including on bills for utilities and on public transport (see below).

Two Jehovah's Witnesses separately tried to challenge at the Constitutional Court the Religion Law's ban on sharing faith without a person's state registration as a missionary and punishments under Administrative Code Article 490, Part 3. The Court refused to hear the first case in March 2024. The Court rejected the second case in February 2025. "In the current situation, nothing else was to be expected," Yevgeny Zhovtis of the Kazakhstan International Bureau for Human Rights and the Rule of Law told Forum 18 in February (see below).

Amendments to the Administrative Code, adopted on 10 January 2025, halved the level of fines and introduced the possibility of a warning instead under some parts of Article 490. The provisions came into force in mid-March 2025 (see below).

Tight regime control of "missionaries"

Astana Religious Affairs Department "anti-missionary" advertisement in bus, spring 2024
Private [CC BY-NC-ND 4.0]
Article 8 of the 2011 Religion Law bans any sharing of faith by anyone except individuals who have gained state registration as "missionaries". To gain such status, an individual needs to provide a range of documents, including a certificate from a registered religious organisation appointing them as a "missionary". They can only use state-approved material and can only operate in state-approved places. Registration must be renewed every year.

Those who violate these restrictions face punishment under Administrative Code Article 490, Part 3. This punishes "Carrying out missionary activity without state registration (or re-registration)" with (since March 2025) a warning or a fine of 50 MFIs (one month's average wage), plus – if the individual is a foreign citizen – deportation.

(Amendments to the Administrative Code, adopted on 10 January 2025, halved the level of fines and introduced the possibility of a warning instead under some parts of Article 490. The provisions came into force in mid-March 2025.)

Regime-sponsored warnings against sharing faith are widespread in advertisements – including on bills for utilities and on public transport.

In summer 2024, utility bills included a warning: "BE VIGILANT if unknown people on the street or in public places forcibly conduct conversations on God and existence, offer you to buy some religious literature for a symbolic price or receive as a gift, or ask strange questions: 'Does your life satisfy you?', 'The world is unsettled at the moment, do you want to know why?' etc."

The warning adds: "It is possible that you are facing a recruiter and HIS GOAL IS TO DRAG YOU INTO THE RANKS OF ADEPTS OF A DESTRUCTIVE RELIGIOUS MOVEMENT." The warning instructs those who see people discussing religion or offering religious literature in public places to call the police.

Warnings are also posted on social media. Many of these posts come from regime-funded organisations.

Second Constitutional Court challenge to "missionary" punishments fails

Constitutional Court, Astana
Kazakhstan International Bureau for Human Rights and the Rule of Law
On 19 March 2024, the Constitutional Court refused to consider the constitutionality of restrictions on and punishments for sharing faith in the case of the then 64-year-old Jehovah's Witness Tamara Belyakova.

Zhangazy Biimbetov, a Jehovah's Witness in his sixties from the eastern city of Oskemen, has twice been fined for sharing his faith, in May 2013 and July 2023.

On 11 July 2024, Biimbetov lodged a suit to the Constitutional Court in Astana challenging the constitutionality of restrictions on sharing faith in the Religion Law and punishments in the Administrative Code. He argued that sharing his faith is "his means of realising his constitutional rights to freedom of speech and conscience". He therefore argued that these restrictions violated the country's Constitution.

The Constitutional Court accepted Biimbetov's case on 4 October 2024. The Court assigned Judge Sergei Udartsev as the rapporteur. The Court held an open hearing on the case on 19 November 2024.

Representatives of numerous state bodies took part in the case, including a deputy Justice Minister, the deputy head of the Interior Ministry's Department for Countering Extremism, Anuar Khatiyev and Beimbet Manetov of the Culture and Information Ministry's Religious Affairs Committee, and the deputy head of the Legal Department of the National Security Committee (NSC) secret police.

Zhangazy Biimbetov
Jehovah's Witnesses
Jehovah's Witnesses requested input from Petr Muzny, a law professor at Geneva University (whose name is misspelled in the court decision). They also requested input from the Kazakhstan International Bureau for Human Rights and the Rule of Law in Almaty, which was prepared by Yevgeny Zhovtis and Yevgeniya Nefedyeva.

The registration requirement for missionary activity is "disproportionate", Zhovtis and Nefedyeva wrote in their submission to the Court. "It imposes excessive restrictions on freedom of religion and belief, effectively prohibiting believers from disseminating religious views without permission from state authorities."

On 26 February 2025, the eleven judges of the Constitutional Court – chaired by Judge Elvira Azimova – ruled that the provisions of Article 8 of the Religion Law and Article 490, Part 3 of the Administrative Code are in line with the Constitution, according to the decision seen by Forum 18.

"Human rights and freedoms cannot be considered in isolation from the interests and goals of society and the resulting responsibilities of its members," the Constitutional Court judges insisted. "Abuse of rights is unacceptable. The boundaries of human rights and freedoms are the rights and freedoms of others." The judges insisted that rights are accompanied by obligations.

"In order to maintain interfaith peace and harmony, protect public order, and defend the rights and freedoms of individuals and citizens," the judges added, "the state, in various circumstances, is required to adopt appropriate regulatory and control measures to prevent possible social tensions and conflicts, and violations of the rights and freedoms of members of society."

"In the current situation, nothing else was to be expected," Zhovtis of the Kazakhstan International Bureau for Human Rights and the Rule of Law told Forum 18 on 27 February.

Police detain, torture Tursynbayev

Daniyar Tursynbayev on release from Kentau Police, 13 August 2025
Jehovah's Witnesses
On 13 August, Police in Kentau in the southern Turkistan Region detained the then 24-year-old Jehovah's Witness Daniyar Tursynbayev. They took him to the police station. Officers seized his mobile phone and passport (he is an Uzbek citizen).

Four 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. No police officer has been punished for the torture (see below).

It appears that Kentau police discovered the "offence" of "missionary activity" after examining his mobile phone. Lieutenant Colonel Yankin prepared the record of an offence under Administrative Code Article 490, Part 3 ("Carrying out missionary activity without state registration (or re-registration)"). The case was sent to Kentau Town Court.

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," Lieutenant Colonel Yankin 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.

Tursynbayev fled from Kentau with his family to the city of Almaty after the police torture, fearing for their safety. He failed to have the administrative case against him heard in an Almaty court.

Court hands down fine, deportation order

Kentau Town Court, June 2023
Google
On 21 November, Judge Magzhan Otepov of Kentau Town Court found Jehovah's Witness Daniyar Tursynbayev guilty of "illegal missionary activity", under Administrative Code Article 490, Part 3 ("Carrying out missionary activity without state registration (or re-registration)").

Judge Otepov fined Tursynbayev 50 Monthly Financial Indicators (MFIs), 196,600 Tenge, about one month's average wage. The judge also ordered his expulsion from Kazakhstan within 10 days of the decision entering legal force. The judge also ordered that his seized mobile phone be returned to him after the decision enters legal force.

D. Orynbasarova led the prosecution case in court. The court ruled that Tursynbayev had conducted illegal missionary activity by posting religious materials on his Telegram channel between September 2023 and December 2024 "without [state] registration" as a "missionary", according to the decision seen by Forum 18. Police Inspector E. Tanatar supported the prosecution case.

The court decision notes that Kentau police discovered the "offence" and prepared the record of an offence on 13 August 2025. This was the day police detained Tursynbayev. Four officers then tortured and threatened to murder him. They also seized his mobile phone (see above).

The judge rejected the defence submission to dismiss the case. The hearing was open, Jehovah's Witnesses told Forum 18.

"The conviction is based solely on testimony obtained under torture," Jehovah's Witnesses told Forum 18. "This violates the UN Convention Against Torture and the right to a fair trial under Article 14 of the International Covenant on Civil and Political Rights (ICCPR) and Article 17 of Kazakhstan's Constitution."

The Prosecutor's Office, which is reviewing Tursynbayev's torture claims, insisted on pursuing the case before completing its review, Jehovah's Witnesses complained. "We believe this case was initially fabricated to conceal unlawful actions by the police, which raises serious concerns about due process and fairness."

Jehovah's Witnesses also expressed "deep concern" about the potential impact of the decision. "Deportation will separate Daniyar Tursynbayev from his wife and infant daughter - citizens of Kazakhstan - or force them to leave the country," they told Forum 18. They warned that this potentially violates the right to family life enshrined in Article 23 of the International Covenant on Civil and Political Rights (ICCPR) and Article 27 of the Constitution.

Tursynbayev's lawyers filed an appeal to Turkistan Regional Court. This suspends the deportation decision until the appeal is heard. As of 8 December, no hearing is yet listed on the Court website.

Officials at Kentau Prosecutor's Office did not answer the phone each time Forum 18 called on 4 and 5 December.

No court hearing yet for "impeding lawful religious activity"

Baglan Yankin leads police raid on Jehovah's Witness meeting, Kentau, 13 August 2025
Jehovah's Witnesses
On 13 August, a few hours after it detained Daniyar Tursynbayev, Kentau Police raided the home where the Jehovah's Witness community meets. "Your actions are illegal. Stop your actions," Lieutenant Colonel Baglan Yankin 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.

After a 3 October Jehovah's Witness complaint to the General Prosecutor's Office, Kentau Prosecutor's Office initiated a case against Police Lieutenant Colonel Yankin 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").

(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.)

As of 8 December, Kentau Town Court lists no administrative case against Lieutenant Colonel Yankin.

Lieutenant Colonel Yankin told Forum 18 on 5 December he had no information about when the case against him will be heard. He refused to discuss the case.

No punishment for torture

Forum 18 is not aware that any of the police officers who tortured Daniyar Tursynbayev on 13 August has been punished.

Kazakhstan's obligations under the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment require it to take swift action against those suspected of torture.

Lieutenant Colonel Baglan Yankin repeated his earlier denials that anyone had tortured Tursynbayev. "He came in calmly and wrote a statement," Yankin told Forum 18 on 5 December. "His lawyer phoned while he was there."

Lieutenant Colonel Yankin denied that the police had held Tursynbayev for the six and a half hours. "We don't have the right to hold anyone for more than three hours," he insisted. However, he refused to discuss how the police detention of Tursynbayev at around 4 pm and his release at about 10:30 pm accords with detention lasting no more than three hours.

Lieutenant Colonel Yankin said his office is equipped with video cameras. "Prosecutors checked my office a month ago, but I told them I wouldn't hand over the recordings," he told Forum 18. "I have a lawyer and we looked at the recordings. I won't give them to anyone – they are stored in a secure place on the cloud. They are my insurance policy. You understand the game of chess?"

Lieutenant Colonel Yankin refused to explain why he will not share the recordings with the Prosecutor's Office or Tursynbayev's lawyers.

Lieutenant Colonel Yankin – who said he was on 45 days' leave from work to which he is entitled – said he had spent two days in Almaty. "I waited for Tursynbayev and his lawyer, but didn't meet them. I wanted to resolve this amicably." He refused to explain why the courts were not the proper venue to handle Tursynbayev's torture complaints.

Lieutenant Colonel Yankin insisted that Tursynbayev is lying about the torture. "He is deceiving people," he told Forum 18. "He has artificially created this scandal. He invented it all." (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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