OSCE/ODIHR Opinion on the Draft Amendments to the Legal Framework on Countering Extremism and Terrorism in the Republic of Kazakhstan

This Opinion was prepared in response to a request from the Secretary of the International Affairs, Defence and Security Committee of the Mazhilis of Kazakhstan's Parliament received by ODIHR in September 2016.

The Preliminary Opinion notes that the legal definition of “terrorism” and so called “extremism”-related offences in the Criminal Code of Kazakhstan would benefit from further amendments in order to comply with the principles of legal certainty, foreseeability and specificity of criminal law, and to ensure that only “violent extremism” is criminalized. It also concludes that the draft amendments introduce some new provisions which have the potential to unduly restrict freedom of movement and to choose one’s residence, the right to freedom of expression – particularly in terms of access to the Internet and other communication tools, as well as the right to freedom of religion or belief.

The text of the draft amendments is available here.