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Interview: Putting constitutional guarantees into Kazakhstan’s everyday practice

EUalive spoke with Artur Lastayev, Human Rights Ombudsman of Kazakhstan, following his reappointment on 24 August 2026

In this interview, Artur Lastayev, Kazakhstan’s newly reappointed Human Rights Ombudsman, discusses the country’s human rights trajectory under the new Constitution and the recently elected Kurultai. He outlines expectations that the new representative body will translate constitutional guarantees – including stronger judicial protection, the presumption of innocence, and safeguards for personal data – into concrete legislation and practice. Looking back over three decades of independence, Lastayev highlights key advances such as the abolition of the death penalty, the establishment of the Ombudsman institution and National Preventive Mechanism, and improved protection for women, children and other vulnerable groups. He addresses international concerns about media freedom, details ongoing efforts to combat torture and domestic violence, and explains Kazakhstan’s cooperation with the UN, OSCE and Council of Europe. The Ombudsman stresses that the ultimate measure of progress remains the effective protection of human dignity in daily life.

 

 What expectations do Kazakhstan’s national human rights institution and the human rights community have regarding the impact of Sunday’s elections to the Kurultai on the further development of human rights and democratic institutions in the country?

The Kurultai begins its work under Kazakhstan’s new Constitution, so these elections are significant not only for forming a new representative body, but also for putting the new constitutional framework and its human rights guarantees into practice.

The Constitution places the individual, human dignity, rights and freedoms at the centre of state policy. It also strengthens key safeguards, including the presumption of innocence, protection against self-incrimination, access to legal assistance from the moment of detention, judicial protection, inviolability of the home and protection of personal data.

We expect the new Kurultai to further develop these principles through legislation and to maintain an open dialogue with civil society, experts and the human rights community. Ultimately, the success of these reforms will depend on how effectively constitutional guarantees are translated into everyday practice.

 

Looking back over more than three decades of independence, how would you characterize the main changes in the human rights situation in Kazakhstan compared with the late Soviet period? Which reforms or institutional changes do you consider the most significant?

Over more than three decades of independence, Kazakhstan has moved from building a national human rights system to developing independent institutions and constitutional mechanisms for protecting rights and freedoms.

Key reforms include accession to major international human rights treaties, abolition of the death penalty, establishment of the Ombudsman and the National Preventive Mechanism, restoration of the Constitutional Court, and stronger protection for women, children, persons with disabilities and other vulnerable groups.

The new Constitution represents another important stage, strengthening guarantees such as judicial protection, legal assistance from the moment of detention, the presumption of innocence and protection of personal data.

Today, the key question is not simply the recognition of rights, but the effectiveness of their protection – whether people can defend their rights and obtain an effective remedy. This remains an ongoing process requiring continued improvement.

 

In recent weeks, the Committee to Protect Journalists and several partner organizations have publicly expressed concern about pressure on independent journalists and media outlets ahead of the elections. How does the Kazakh side assess these statements, and what measures is the state taking to ensure a free and safe environment for journalists?

We closely monitor the situation regarding freedom of expression and the conditions in which journalists work, including concerns raised by international and human rights organisations.

It is essential that journalists can carry out their professional activities freely and that their rights are protected by effective legal safeguards. Kazakhstan has recently updated its media legislation, while defamation was decriminalized in 2020, significantly reducing criminal-law risks for journalists.

Freedom of expression includes the right to criticize public institutions, while also requiring respect for the rights of others and lawful restrictions. Individual cases involving journalists must be assessed objectively and in accordance with due process and fair-trial guarantees.

We will continue improving legislation and mechanisms for protecting journalists, drawing on international standards and best practices.

 

In recent years, Kazakhstan has introduced several legislative and institutional measures in the field of human rights (the Action Plan on Human Rights and the Rule of Law, amendments concerning the protection of women’s and children’s rights, work on the Istanbul Convention, etc.). Which of these initiatives do you consider the most important, and what concrete results have they already produced?

Kazakhstan’s approach to human rights combines legislative, institutional and practical measures. Action plans on human rights and the rule of law have addressed key issues, including the protection of women and children, prevention of torture, social and labour rights, and freedom of association.

One major priority is preventing violence against women and children. The 2024 law strengthened criminal liability for battery and intentional minor bodily harm, while greater emphasis is now placed on early identification of risks, prevention and support for victims.

There are already positive results: domestic violence-related homicides have declined, while support centres, mobile teams and inter-agency mechanisms are expanding.

The same preventive approach applies to children’s rights, including protection from violence, bullying and cyberbullying. The goal is to move from reacting to violations to preventing them and ensuring timely access to assistance.

 

How does Kazakhstan cooperate with international organizations (the UN, OSCE, Council of Europe and others) in monitoring human rights compliance and strengthening capacity, and what role does the Ombudsman play in this dialogue?

 International cooperation is an important part of Kazakhstan’s efforts to strengthen its national human rights system.

Kazakhstan cooperates with UN treaty bodies, the Universal Periodic Review and UN special procedures, and has recognized the competence of six UN treaty bodies. The Ombudsman also works closely with UN agencies, the OSCE and the Council of Europe.

This cooperation includes preventing torture, protecting women and children, strengthening the National Preventive Mechanism, improving complaint procedures and building institutional capacity.

For the Ombudsman, international cooperation is not simply an exchange of information. It is a practical dialogue that helps align national practice with international standards and translate international experience into stronger human rights mechanisms in Kazakhstan.

 

Freedom of peaceful assembly and the activities of civil society organisations remain a subject of international attention. What is the current legal framework in this area, and how does the state ensure a balance between maintaining public order and the right of citizens to express their views?

 Freedom of peaceful assembly is a constitutional right and an important form of public participation. Kazakhstan’s legislation provides a notification-based procedure, while restrictions must have a legal basis and be necessary and proportionate.

A 2025 Constitutional Court decision strengthened this approach by requiring local authorities to offer reasonable alternatives – such as another time, place or route – before refusing an assembly where possible.

Public participation also extends beyond assemblies. Citizens can use electronic appeals, petitions and public oversight mechanisms to engage with state institutions.

As for the non-governmental sector, the development of a strong and responsible civil society is an important part of Kazakhstan’s ongoing reforms. More than 23,000 non-governmental organizations are registered in the country, and legislation on public associations has been liberalized – in particular, the number of persons required to establish a public association has been reduced from 10 to 3.

The key objective is to safeguard both freedom of expression and public order. These should not be seen as competing interests: citizens should be able to express their views peacefully, while public safety and the rights of others are protected.

 

Torture, as well as the protection of women’s and prisoners’ rights, have been among the priorities you have personally emphasized at international forums. What further steps does Kazakhstan plan to take in these areas?

Torture, the protection of women’s rights and the rights of prisoners indeed remain important areas of the national human rights agenda.

In recent years, Kazakhstan has adopted measures aimed at effectively preventing torture. Torture has been classified as a serious criminal offence.

The maximum term of imprisonment for the use of torture has been increased from 10 to 12 years. Exemption from criminal liability for torture on the grounds of amnesty, expiration of the limitation period, repentance or reconciliation of the parties has been abolished. Persons convicted of torture are not eligible for parole. Investigation of allegations of torture has been placed under the exclusive jurisdiction of the prosecution authorities, and a methodology for investigating torture based on the Istanbul Protocol has been developed.

More than 45,000 video cameras are installed across all penitentiary institutions, law-enforcement bodies and special state bodies. More than 500 «transparent» interrogation rooms equipped with video recording are operating, with monitors displayed in the foyer, duty station and prosecutor’s office.

Of particular importance in this system is the National Preventive Mechanism, operating in Kazakhstan under the «Ombudsman +» model. Its distinctive feature is that preventive monitoring is carried out with the participation of civil society representatives and specialists from various professional fields. In 2025, 99 NPM participants worked within 20 regional groups. Their professional backgrounds include lawyers, doctors, educators, social workers and representatives of other professions, including people with experience in human rights and civil society activities.

In 2025, 425 preventive visits were conducted and 3,188 recommendations were issued, 33% of which were implemented. During the first six months of 2026, NPM participants conducted 211 visits to institutions and organizations, covering both the criminal justice and social sectors. A total of 1,139 recommendations were issued as a result.

Alongside the NPM, the Ombudsman institution and its regional representatives independently monitor compliance with human rights. In 2025, 818 monitoring visits were conducted, resulting in 2,438 recommendations, of which 2,029, or 83%, have already been implemented.

Of these, the Ombudsman personally conducted 14 monitoring visits, resulting in 52 recommendations, 78.8% of which have been implemented. The primary focus was on institutions of the penal enforcement system.

Regional representatives conducted 804 monitoring visits. As a result, 2,386 recommendations were issued, of which 83.3% have been implemented.

An important outcome of monitoring is not only the identification of violations, but also the adoption of concrete response measures. In relation to violations identified during visits, 337 officials were subjected to disciplinary liability, 76 to administrative liability, and three criminal cases were registered.

This year, the Ombudsman institution prepared a special report on combating torture and cruel, inhuman or degrading treatment or punishment.

The report provides a comprehensive analysis of legislation, judicial and investigative law-enforcement practice, as well as existing mechanisms for preventing, detecting and investigating acts of torture. Based on this analysis, several recommendations were developed to further improve the national system for combating torture.

One of the proposals concerns strengthening the sanctions under Article 146 of the Criminal Code. In particular, it has been proposed to consider further strengthening the additional penalty of disqualification from holding certain positions or engaging in certain activities, including the possibility of establishing a lifetime ban in respect of positions and types of activities involving the exercise of public authority.

This proposal has been supported by the Prosecutor General’s Office, and we continue working on its legislative implementation.

Further work should focus on prevention, effective investigations and accountability, as well as protecting prisoners’ rights to healthcare, education, employment and social reintegration. Particular attention is also given to the needs of women in detention.

The overall goal is to strengthen the entire protection system – from prevention and accountability to the restoration of rights and reintegration.

 

What human rights priorities does Kazakhstan intend to advance in the coming years – both domestically and through international engagement? Is there any message you would like to convey to the international community regarding Kazakhstan’s current trajectory in the field of human rights?

Kazakhstan’s priority for the coming years is to continue strengthening its human rights system in line with international standards.

Key areas include effective implementation of constitutional guarantees, strengthening the rule of law, preventing torture, protecting women and children, and safeguarding the rights of persons with disabilities, prisoners and other vulnerable groups.

The Ombudsman will also continue international cooperation and has taken on new responsibilities as the National Rapporteur on Combating Trafficking in Persons, with a focus on monitoring, prevention, victim protection and rehabilitation.

Our message to the international community is that human rights reform is a long-term and continuous process. It requires open dialogue, institutional development and a willingness to address new challenges.

Ultimately, progress should be measured by one standard: how effectively the dignity, rights and freedoms of every person are protected in everyday life.

Caption: Photo of Artur Lastayev, Human Rights Ombudsman of Kazakhstan, provided by his office.

Дата публикации
26 августа 2026
Дата обновления
26 августа 2026
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