The following is based on a communication written by the UN Special Rapporteur on Human Rights Defenders and other UN experts to the Government of Montenegro on 20 August 2024. The communication remained confidential for 60 days before being made public, giving the Government time to reply. The Government replied on 30 October 2024.
Since the communication was sent, Dinara Smailova has continued to face criminalization and harassment in Kazakhstan. Alarming reports suggest that she and her husband are still under surveillance by Kazakhstan’s agents in Montenegro and Dinara Smailova is at risk of being forcibly transferred back to Kazakhstan. The Government of Montenegro’s response has been received and is currently being studied.
This is a shorter version of the original communication.
BACKGROUND
Topic: the alleged surveillance of Dinara Smailova and her husband Almat Mukhamedzhanov in Montenegro and the alleged risk of Ms. Smailova’s extradition to Kazakhstan, where she allegedly faces prosecution for her legitimate human rights work.
Ms. Dinara Smailova is a woman human rights defender and the founder of the “NeMolchiKZ” (Do Not Be Silent) Foundation in Kazakhstan. Her organization uses social media to publicize cases of domestic and gender-based violence, expose alleged inaction by law enforcement, and share human rights information. Additionally, it provides support to victims of violence and their families.
Mr. Almat Mukhamedzhanov is Ms. Smailova’s husband and a human rights defender. He provides legal assistance to victims of violence and serves as a chairman of the “NeMolchiKZ” Foundation’s Board of Trustees.
The criminal charges against Ms. Dinara Smailova and her placement on an international wanted list were addressed in a communication to the Government of Kazakhstan dated 18 March 2024 (AL KAZ 1/2024). Despite the reply received from the Government of Kazakhstan on 27 May 2024, we remain concerned about her and her husband’s situation.
ALLEGATIONS
Ms. Dinara Smailova and Mr. Almat Mukhamedzhanov have been residing in Montenegro since 8 October 2023.
On 26 October 2023, they applied to the Ministry of Interior of Montenegro for international protection status (applications No. UPI-132/23-7527 and UPI-132/23-7528). According to the responses from the Asylum Directorate of the Ministry of Interior of Montenegro dated 24 April 2024, the deadline for consideration of their applications was extended until 26 January 2025 in order to clarify the factual circumstances.
On 27 December 2023, the authorities of Kazakhstan placed Ms. Smailova on an interstate wanted list, and on 8 January 2024, an international wanted list. There is allegedly a risk of her extradition from Montenegro to Kazakhstan.
Additionally, between December 2023 and March 2024, unidentified individuals – specifically three men and one woman, allegedly agents of Kazakhstan – allegedly followed and photographed Ms. Smailova and Mr. Mukhamedzhanov on at least four occasions. In two instances, they allegedly approached Ms. Smailova and Mr. Mukhamedzhanov separately (her in a cafe, him in a store), took close-up photos, and then left. In other cases, they allegedly photographed them together on the street and in a cafe.
According to the reply received from the Government of Kazakhstan on 27 May 2024, the police departments of Almaty city and Almaty and East Kazakhstan regions have six criminal cases pending against Ms. Dinara Smailova for the violation of privacy, fraud, and dissemination of information known to be false (articles 147, 190, and 274 of the Criminal Code of Kazakhstan). The offenses specified in these articles carry imprisonment terms of up to seven, ten, and seven years, respectively. According to the public statement by the Ministry of Interior of Kazakhstan issued on 27 December 2023 about these criminal cases, they have been opened because of Ms. Smailova’s social media posts allegedly containing false information and fundraising activities related to her human rights work. Ms. Smailova is a suspect in these cases.
There are serious concerns that her criminal prosecution may be in retaliation for the human rights activities of the “NeMolchiKZ” Foundation. According to the information received, the Foundation’s work has resulted in the conviction of dozens of men for sexual violence, ten police officers for neglect and inaction, and disciplinary sanctions for over 200 law enforcement officers. Additionally, the organization has reportedly supported victims of domestic abuse in cases involving powerful perpetrators from Kazakhstan.
CONCERNS
In the communication, we express our serious concern in response to the alleged risk of Ms. Dinara Smailova’s extradition to Kazakhstan, where she allegedly faces prosecution and potential long-term imprisonment for her legitimate human rights work. We are also concerned about the alleged surveillance of Ms. Dinara Smailova and Mr. Almat Mukhamedzhanov in Montenegro, which may be aimed at intimidating them and raises concerns of possible abduction outside of formal extradition proceedings. We are further troubled by the chilling effect for other human rights defenders in exile, seeking protection in Montenegro, that this case may entail.
