Alongside the strict measures to clamp down on 'freedom of Assembly', torture and ill-treatment are widespread; for instance, on October 17, Azamat Orazaly, accused of stealing livestock, died in the police custody of the East Kazak region on the allegation of torture.
As claimed by Kazakhstan in its fourth periodic report of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment pursuant to the optional reporting procedure, "The Government is currently pursuing further legislative reforms, including: (1) legislation to ensure prompt access to a lawyer for accused persons; and (2) a prohibition on summoning a suspect to a police station more than once without justification." This undertaking of Kazakhstan is yet to translate into ground realities.
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The imposition of emergency in the backdrop of the January protests does not mean that the Government can go all out violating human rights. As clear from Article 4 (1) and (2) of ICCPR, which reads as:
Article 4(1)- "In time of public emergency which threatens the life of the nation and the existence of which is officially proclaimed, the States Parties to the present Covenant may take measures derogating from their obligations under the present Covenant to the extent strictly required by the exigencies of the situation, provided that such measures are not inconsistent with their other obligations under international law and do not involve discrimination solely on the ground of race, colour, sex, language, religion or social origin."
Article 4(2)- "No derogation from articles 6, 7, 8 (paragraphs I and 2), 11, 15, 16 and 18 may be made under this provision."
The provision makes it apparent that the 'Right to life' under Article 6 of ICCPR cannot be derogated from, even during a public emergency. However, the arbitrary deprivation of life in Kazakhstan seems to be endless, and targeting specific groups (namely, LGBTQ+, children, and persons with disability) is rampant, which has been flagged by human rights agencies.
Under the Constitution of Kazakhstan, the president is conferred with the power to declare an emergency. Article 44 (16) of the Constitution states, "…take measures dictated by the above circumstances including the imposition of a state of emergency on the entire territory and in particular areas of Kazakhstan."
During an 'emergency', while States can legitimately suspend human rights, it ought to be in line with 'due process' and limits. The Siracusa Principles lay down these limits, (a) responding to a pressing public or social need; (b) pursuing a legitimate aim, and (c) is proportionate to that aim. Moreover, the burden is upon the State imposing emergency to show that it is legitimate.
Meanwhile, Russia has deployed more than 2,500 troops in Kazakhstan, and Putin's readiness to use force can signal a dead-knell to human rights protection in Kazakhstan. Russia's justification for intervention stems from Article 4 of the CSTO after Tokaney alleged that the protest is fueled by foreign 'terrorists'. CSTO provides a 'victim state' all necessary assistance, including military assistance and any other means available to them in accordance with Article 51 of the UN Charter.
