Kazakhstan: Alarming arbitrary arrest, detention and judicial harassment of 19 human rights activists, including seven-month-pregnant Nazigul Maksutkhan

The Observatory has been informed about the arbitrary arrest and detention of 19 Kazakhstani human rights defenders, members of Atajurt, a human rights group well-known for documenting and denouncing human rights violations committed against ethnic Kazakhs and Uyghurs in the Xinjiang Uyghur Autonomous Region of China and in in Kazakhstan. Among the 19 defenders is Ms Nazigul Maksutkhan, a human rights defender who is currently seven months pregnant and has been placed under house arrest with electronic monitoring.

On 23 January 2026, the trial of the 19 defenders began in the city of Taldykorgan, and is reportedly held behind closed doors upon the request of one of the accused. The defenders are accused of “inciting ethnic or national discord” under Article 174(2) of the Criminal Code of Kazakhstan, which carries a sentence of up to ten years' imprisonment. It also foresees further restrictions, such as the deprivation of the right to occupy certain positions or engage in certain activities.

On 13 November 2025, the 19 human rights defenders were arrested by the Kazakhstani police after they participated in a peaceful protest in the village of Qalzhat, Almaty region, near the border with China.

During the protest, the participants called for an end to repression against ethnic Kazakhs and Uyghurs in Xinjiang while burning three Chinese flags and a portrait of Xi Jinping, and demanded the release of Alimnur Turganbay, a Kazakh citizen who has been detained in China since July 2025 for unknown reasons.

The activists were initially subjected to administrative sanctions, including short-term detention and fines. However, following a diplomatic note from the Chinese consulate in Almaty, which described the protest as an “open provocation” and an “insult to the image of the Communist Party of China and China’s leader”, the Kazakhstani authorities opened a criminal investigation against the 19 activists.

Notably, court materials reviewed by independent journalists indicate that the Kazakhstani authorities used the diplomatic note as a “key justification” for initiating criminal procedures against the activists.

Before the process, 13 human rights defenders, among the 19 initially arrested, were held in pre-trial detention, while six defenders, including Ms Nazigul Maksutkhan, had been placed under house arrest with restrictive measures, including electronic monitoring devices. The Atajurt movement and its members has experienced a systematic harassment by the Kazakhstani government, including denial in the registration of entity and prosecution of its leaders and members.

The Observatory recalls that Article 174 of the Criminal Code has been criticised on multiple occasions by international institutions. In 2019, the European Parliament stressed that this provision had been frequently exploited to target activists, journalists, and other dissenting voices. More recently, in its Concluding Observations on the third periodic report of Kazakhstan, adopted on 3 September 2025, the United Nations Human Rights Committee (UNHRC) reiterated its serious concerns about the overly broad formulation of Article 174, which contributes “to unduly restrict the freedoms of religion, expression, assembly and association”. Therefore, the Committee urged the Kazakhstani authorities to amend their legislation.

The Observatory also recalls that the situation of human rights defenders in Kazakhstan remains extremely concerning. Serious restrictions continue to be imposed on the rights to freedom of expression, association and peaceful assembly, notably through the repression of peaceful protests and the misuse of counter-terrorism and anti-extremism legislation. In this context, the UNHCR urged the state to protect freedom of expression under the International Covenant on Civil and Political Rights (ICCPR) and to ensure that full procedural safeguards are in place from the outset of any deprivation of liberty, particularly in the context of mass arrests following protests. A recent NGOs’ report stated that there were at least 48 political prisoners in Kazakhstan in 2024, including individuals convicted or detained for participating in peaceful rallies, supporting opposition movements or disseminating information on human rights violations.

The Observatory expresses particular concern regarding the situation of Ms Nazigul Maksutkhan, who is seven months pregnant and whose physical condition is not compatible with privation of liberty measures, even alternatives ones.

The Observatory strongly condemns the arbitrary detention and judicial harassment of the 19 Atajurt human rights defenders, which appears to be solely aimed at silencing peaceful criticism of human rights violations related to the Xinjiang region. These acts constitute a violation of Kazakhstan’s obligations under Articles 9, 14 (7), 19 and 21 of the ICCPR, which protect, respectively, the right to liberty and security of person, fair trial (specifically guarantee not to be tried twice for the same offence), the right to freedom of expression, and the right to peaceful assembly.