Authorities Apply Law Selectively – Human Rights Activist on Temirlan Yensebek Case

Human rights activist Tatyana Chernobyl has spoken out about the arrest of QazNews24 satirical channel author, who faces charges of inciting discord, Orda reports.

In her Facebook post, Chernobyl spoke out about Kazakhstan's legal system, pointing to what she sees as selective enforcement of Article 174 of the Criminal Code in cases like that of Temirlan Yensebek.

This is not about 'law and order', but about law without order. This article does not exist to maintain order and protect the population from hate crimes (its direct purpose, it would seem), but to persecute citizens who are inconvenient to the authorities. 'For some reason' this article works exclusively one-sidedly and often not at all in favor of those who most need protection from hate crimes in Kazakhstan due to discrimination, she wrote.

The case against Yensebek reportedly stems from using a controversial song in a satirical post. 

The song, dating back to the early 2000s, has circulated widely in Kazakh and Russian-speaking communities and remains unrestricted in Kazakhstan.

Temirlan is accused (as far as I know) of using a song that is not his authorship, and whose content is dubious, no one argues, for the soundtrack of his obviously satirical publication. That is, the applying party was upset by the song, and Temirlan will be charged? Masha Kochneva (Temirlan's friend, ethnically Russian, mind you) served 10 days in jail for her humorous performance of it in the summer. She was then charged with petty hooliganism, Chernobyl noted.

She highlighted the implications of Article 174 convictions, including substantial fines, imprisonment, and placement on a registry restricting banking access and financial transactions.

In Temirlan's case, the court may choose a particularly sophisticated, custom-made additional punishment, prohibiting him from engaging in journalistic activity for several years after his release, she explained.

Chernobyl noted that the Ministry of Culture and Information has not officially banned the song in question despite having the authority to do so.

Or will this song continue to be conveniently used as a pretext to shut down critics who are inconvenient for the authorities, such as the bold satirist and now political prisoner Temirlan Yensenbek? Well, and from a legal point of view: until the song is on the list, its use cannot be used as the basis for an accusation under the extremism article. And the fact that it has not yet been included there does not make Tamerlan guilty, but those very 'authorized state bodies,' she concluded.

Temirlan Yensebek was detained on January 17 in Almaty following a search of his apartment.

He faces charges under Article 174 of Kazakhstan's Criminal Code for allegedly inciting social, national, tribal, racial, class, or religious discord.

Later, police detained Rus Biketov on January 19 over his single-person picket in support of Temirlan Yensebek.

The same happened to Journalist Asem  Zhapisheva.

Regarding the detention of Zhapisheva, we have sent an official inquiry to the Almaty Police Department; Biketov has been arrested for 15 days.

Original Author: Zarina Fayzulina