Further reforms needed in Kazakhstan to strengthen fair trial rights: ODIHR monitoring report

WARSAW, 6 May 2025 – In a report summarising its year-long monitoring of more than 400 court hearings related to the January 2022 protests in Kazakhstan, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) documented court practices that fall short of international fair trial standards, while recognizing the challenges faced by the Kazakh authorities to complete a large number of criminal investigations and court cases.

"The right to a fair trial is a cornerstone of democracy. With thanks to the Kazakh authorities for their openness and cooperation throughout the monitoring process and while acknowledging ongoing reforms and some positive trends, our findings underline the need for Kazakhstan to take effective measures that ensure the rights of the accused are fully protected and the principles of a fair trial are upheld," said ODIHR Director Maria Telalian. "ODIHR is ready to assist Kazakhstan in implementing our tailored recommendations and introducing legal reforms in the country to strengthen the independence of the judiciary and addressing the shortcomings identified." 

Following an invitation by the Kazakh authorities and in cooperation with the Supreme Court, ODIHR monitored 35 criminal cases related to the January 2022 protests in Kazakhstan between November 2022 and December 2023, as well as cases involving 139 defendants and more than 400 court hearings. The trial monitoring took place in courts in Almaty, Kyzylorda, Semey, Taldykorgan and Taraz. The cases were primarily against state officials as well as political and civil society activists, including organizers of the protests, and involved charges of torture and other serious human rights violations, as well as the use of evidence obtained through torture. 

The monitoring was carried out in line with the ODIHR’s trial monitoring methodology, following well-established principles of impartiality and objectivity. ODIHR did not assess the merits of the cases, but focused on court procedures and their compliance with international democratic standards and evaluated the extent to which the right to a fair trial is respected.

Today’s report includes the findings from the monitoring, as well as a set of recommendations to assist the Kazakh authorities in ensuring compliance with international standards. ODIHR has also developed a number of tools aimed at supporting justice sector reforms. All 57 participating states of the OSCE have committed to abide by the rule of law and to ensure the right to a fair and public trial by a competent, independent and impartial tribunal established by law.