Court Transfers Satirist Temirlan Yensebek's Case to New District

The Almaly District Court of Almaty held a hearing on February 27 for Temirlan Yensebek, creator of the satirical Instagram account Qaznews24, Orda.kz reports. 

The case will now be transferred to the Nauryzbay District Court.

The hearing date was only announced the evening before, with Temirlan's lawyer, Zhanara Balgabayeva, initially said it would be conducted online under a new judge, Serik Kenishev.

By the afternoon of February 27, the format had changed to an in-person hearing at the Almaly District Court.

After multiple postponements from the original February 14 date, about 50 people gathered at the court, including journalists, activists, and Temirlan's friends and family.

Many wore stickers with messages like "Satire is not a crime!" and "Magan kulkili emes" (Not funny to me).

In the Courtroom

When proceedings began at 17:00, Temirlan was not physically present but participated online. Technical problems surfaced, with someone else controlling his microphone and Temirlan only able to see and hear the judge.

The court rejected lawyer Balgabayeva's request to speak privately with her client before the trial.

The judge attributed this to the "hybrid format" of the proceedings, effectively limiting Yensebek's defense options.

Prosecutor Ainash Zhuaspaeva unexpectedly proposed transferring the case to the Nauryzbay District Court, claiming the controversial post was published there.

Temirlan's defense demanded evidence of this assertion, highlighting the lack of specific data about the publication's location. Judge Kenishev ultimately granted the prosecutor's motion.

During the hearing, Balgabayeva insisted on her client's physical presence in future proceedings and advocated for an open court with international observers.

I support it being offline because the Constitution guarantees me the right to defense. And I believe that I cannot fully exercise my right because I am not in contact with a lawyer. I need to consult with her sometimes, to talk, said Temirlan.

Balgabayeva also motioned to change Temirlan's preventive detention to house arrest. The prosecutor objected, claiming "the crime committed is grave and poses a threat to the safety of humanity."

Seven major international human rights organizations are demanding my release from the Kazakh authorities. Moreover, the indictment states that I committed a serious criminal offense against the peace and security of humanity. So let all of humanity watch this trial. It promises to be very interesting, Temirlan responded.

The judge rejected all the motions, however.

The case is to be transfered to the Nauryzbay District Court with Temirlan remaining in custody.

The criminal case against Yensebek, accused of committing a criminal offense under Article 174, Part 1 of the Criminal Code of the Republic of Kazakhstan, shall be sent for consideration on the merits to the Nauyryzbay District Court of Almaty City, according to territorial jurisdiction, and the participants in the process shall be notified of the decision taken. The lawyer's motion to change the preventive measure shall be denied. The preventive measure against the defendant Yensebek in the form of detention shall remain the same, concluded the judge.

Before the hearing ended, Temirlan addressed the court:

Honorable Judge, of course there are questions, I hope I will get answers to them. I still do not understand what I am doing in the pretrial detention center, I have no previous charges, no previous convictions. There are no prerequisites that I committed any offense while free. I hoped that you would give me permission to return home and participate in offline court proceedings.

Temirlan held up a paper with "Masha, marry me" written on it, addressing his girlfriend who attended the trial.

Outside The Courtroom

When asked about Temirlan's detention conditions, lawyer Balgabayeva told Orda.kz:

Temirlan has no complaints about the conditions of detention, but another thing is that all the prisons are overcrowded. They are going to declare an amnesty on this matter. We know that in institution 72, in particular, in a cell where 10 people should be held, 13 are being held. It is extremely outrageous that in a state governed by the rule of law, they refused to satisfy the petition to change the measure of restraint.

Civil activist Asem Zhapisheva, who was previously arrested for 15 days after a solitary picket supporting Temirlan, commented:

What just happened is absolutely not justice, it is unlawful. It is a parody of justice, it is a farce. Temirlan has not committed any offenses, he has no previous convictions, he has not committed any crimes that would 'threaten humanity,' as they say. Even people who torture others are released during the trial. And Temirlan does not threaten anyone and has remained in pretrial detention for a month and a half.

Temirlan was detained on January 17, 2025, and charged with "inciting ethnic discord" under Article 174 of Kazakhstan's Criminal Code.

The case may stem from a publication containing the song  "Yo, Orystar" and mentioning Tina Kandelaki.

On January 18, he was sentenced to two months of pre-trial detention.

In May 2021, Temirlan also faced scrutiny for "disseminating knowingly false information" due to posts on his satirical account. That case was dismissed.

The next hearing will be in the Nauryzbay District Court, with Temirlan remaining in pre-trial detention until then.

Original Author: Alina Pak