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Kazakhstan's legal community is voicing significant concerns over alleged irregularities within the judicial system, particularly the increasing prevalence of what they term 'telephone law.' This phenomenon, where external influence allegedly dictates legal outcomes, is reportedly undermining faith in the nation's justice system.

Concerns Over Judicial Interference

The unease among lawyers has intensified following reports of professional interference. Lawyer Yulia Malyukova from the West Kazakhstan region highlighted an incident where her professional activities were allegedly obstructed while defending a client in a case involving journalists from KazTAG in Almaty. This situation has prompted other legal professionals to share their own experiences and concerns.

Lawyer Salimzhan Musin described the situation as a "carefully coordinated special operation involving various agencies and a large-scale deployment of forces and resources." He questioned the ultimate outcome of such actions.

Another lawyer, Khamida Aitkalieva, noted a disturbing trend of court sessions being rescheduled at the last minute, a practice she observed after a court case involving lawyer Adam Murata. She stated that such actions leave little hope for a fair investigation.

Challenges Faced by Lawyers

Lawyer Rena Kerimova questioned the practicalities of her work, asking, "How can I work, how can I defend? Why would a secretary call lawyers at night and in the morning to find out where they are?"

Malyukova recounted an incident on the night of June 8th, where she was contacted and asked for her specific whereabouts for June 11th-12th. She had planned a trip to Oral for June 11th, a trip scheduled two weeks prior. The secretary's inquiry, Malyukova believes, was to facilitate rescheduling the court session from June 11th to June 15th.

Lawyer Azamat Baikenov commented on these developments, suggesting, "Perhaps the secretary has special powers unknown to us? But these situations have led to the disregard of the defense's opinions."

Erosion of Trust in the Judiciary

Lawyer Elena Zhigalennok expressed her lack of surprise at courts rapidly proceeding with cases despite lawyers' objections, citing similar instances in the cases of Adam Murata and Mansur Movlaev. She noted that such delays could even lead to fines for those involved.

Lawyer Elmira Zhalmagambetova stated, "The excessive actions and impunity of state bodies lead to violations of people's rights. If state bodies disregard the law and show open disrespect for citizens and lawyers, then at least they should compensate for the losses incurred by our colleagues and their clients. If this is the situation and we truly have 'telephone law' deciding matters, then what is the need for a declarative Constitution?"

These concerns come in the wake of an appeal from lawyers to President Kassym-Jomart Tokayev, stating, "People are losing faith in judicial justice." The situation has also drawn attention to the role of the constitution, as highlighted by Amir Kasenov, Editor-in-Chief of KazTAG, in his video address.

Kasenov appealed to the President, stating, "When you talk about the newly adopted Constitution, one of its important tasks is to protect national security and sovereignty. I sincerely believe in the principles you have declared. Before facing criminal prosecution for my journalistic activities, I was contacted by those who demanded a meeting, offered to publish the position of the other party, and provided documents and appealed to all instances, including the Presidential Administration. After giving them a platform, I acted solely in the interests of our citizens and the country, and our national security. Now, as a true patriot of Kazakhstan, I am being illegally persecuted for defending my homeland. Before you, respected President, I have a question: will my homeland protect me?"

On the evening of June 9th, Yulia Malyukova, the lawyer representing KazTAG's Editor-in-Chief, reported illegal interference in her professional activities in the West Kazakhstan region concerning the case of KazTAG journalists in Almaty. She also published a copy of a letter from the Oral prosecutor's office, stating they were ready to receive her "at any convenient time" from June 15th. Previously, Member of Parliament Yermurat Bapi had stated that the KazTAG Editor-in-Chief's case was being discussed in "high offices" and that there was "evidence belonging to the FSB," predicting an "unconditional verdict." As previously reported by KazTAG, this may indicate that the fate of the news agency's Editor-in-Chief, a person who raised the issue of threats to national security and espionage and posed the simple question "Will my homeland protect me?" to President Kassym-Jomart Tokayev, has been practically decided in those "high offices." On the evening of June 8th, the wife of the KazTAG Editor-in-Chief, Aigul Kasenova, stated that the court was rushing to consider Amir Kasenov's case, rescheduling the hearing to an earlier date despite statements from both his lawyers and the lawyers of "Freedom Finance" that they could not attend.

In the early hours of June 2nd, Eldar Zhurgenov, a close friend of Kasenov, published a video address from the KazTAG Editor-in-Chief to President Kassym-Jomart Tokayev.

Later, on June 2nd, lawyer Yulia Malyukova announced that her client, Amir Kasenov, had "lost faith in the objectivity and impartiality of the investigation." Subsequently, the wife of the KazTAG Editor-in-Chief also made a statement. On the evening of June 2nd, KazTAG reported that Kazakhstanis, including prominent journalists, had expressed support for Kasenov. In the early hours of June 3rd, Member of Parliament Yermurat Bapi, in response to comments on the page of well-known Kazakh journalist Gulzhan Ergalieva regarding his criticism of parliamentarians, stated that the Kasenov case involved evidence "belonging to the FSB" being discussed in "high offices." On June 3rd, prominent Kazakh human rights defender Yevgeny Zhovtis commented on Kasenov's appeal to Tokayev, noting that "faith in an independent court is weak." The following day, June 4th, an appeal from lawyers emerged, stating that "people are losing faith in judicial justice." On June 5th, the Head of State himself spoke at the international forum "Administrative Justice and its Role in Ensuring the Rule of Law," reiterating his commitment to "Law and Order," "Just Kazakhstan," and a "Listening State." This was previously mentioned by KazTAG Editor-in-Chief Amir Kasenov in his video address to the Head of State.

In the early hours of June 3rd, it became known that Freedom company's annual report to the American regulator showed a net annual profit of $153 million. According to journalist Ayan Sharipbayev, this contradicts the statement from Turlóv's company that CEO Asset Mataev and Editor-in-Chief Amir Kasenov caused a loss of $613 million (approximately 320 billion tenge). Sharipbayev cited this figure after the KazTAG Editor-in-Chief's video address to President Kassym-Jomart Tokayev. Sharipbayev suggested that Turlóv's holding company either provided false information to the American regulator or misled the Kazakh investigation. In either case, these actions are punishable by law. As previously reported by KazTAG, Turlóv could face up to 20 years in prison in the US and up to 12 years in Kazakhstan for such actions. Interestingly, after Sharipbayev's publication, his social media page became inaccessible, and he reported a "technical attack." On June 6th, KazTAG published an open letter to the US Embassy regarding the possibility of Turlóv's company providing false information to the SEC.

KazTAG, in turn, after examining the report of Freedom Holding Corp., determined that Turlóv's company plans to write off its ordinary shares and does not intend to pay dividends on them. On June 4th, it was revealed that the approximately 320 billion tenge in damages claimed against the leadership of MIA KazTAG, as previously reported by journalist Ayan Sharipbayev, was an amount that Freedom attempted to recover from former top manager Vitaly Svetovoy in Petropavlovsk through court. On the morning of June 5th, Freedom stated in its report to the US about the risks of corruption, mass protests in Kazakhstan, and military conflicts. That report also revealed that Turlóv's company was profiting from Kazakhstan's state and quasi-state debt. On June 6th, it was reported that Freedom Holding Corp. listed Kazakhstan's tax reform as one of its risks in its US report. On June 8th, it was revealed that Freedom Holding Corp. acknowledged numerous risks associated with the implementation of data processing centers (DPC) for artificial intelligence (AI) in Kazakhstan – currently, only one such large project is known in Kazakhstan, the "DPC Dolina," which is considered a strategically important megaproject and receives special attention from the Head of State himself. On June 8th, during a court hearing in Petropavlovsk, it was revealed that Svetovoy had transferred tens of millions of tenge to Freedom Finance employees through billionaire Turlóv's structure to "Freedom Bank Kazakhstan" JSC through various transactions – the victims provided bank statements on the movement of funds in the accounts of the KazTAG editorial office. On the morning of June 9th, KazTAG reported that the obligations of billionaire Timur Turlóv's structures to sanctioned individuals amounted to approximately $188 million. Interestingly, on the evening of June 9th, the European Union announced sanctions against Kazakh companies. Shortly thereafter, KazTAG reported that the volume of overdue debt obligations of Freedom Holding Corp., controlled by billionaire Turlóv, had nearly tripled in one year.

This information is reported by the Infohub.kz news agency.