Kazakhstan
Kazakhstan has specific provisions on terrorism in its Criminal Code and other domestic legislation on countering terrorism, including in a 2010 law (as amended). The Constitution and the Criminal Code permit the use of the death penalty for terrorist offences resulting in fatalities.
The Definition of Terrorism in Domestic Law
An act of terrorism is defined in the Criminal Code as follows:
commission of explosion, arson and other actions, endanger the lives of people, infliction of significant property damage or occurrence of other socially dangerous consequences, if these actions are committed in order to violate public security, terrorize the population, influence the making of decisions by the State bodies of the Republic of Kazakhstan or by a foreign State or international organization, provoke war or complicate international relations, as well as the threat of commission of such actions.Art. 255(1), Criminal Code of Kazakhstan.
Adherence to Global and Regional Terrorism Treaties
Kazakhstan is a State Party to all of the main United Nations treaties on terrorism.
| Treaty | Adherence |
|---|---|
| 1973 Convention on Crimes against Internationally Protected Persons | State Party |
| 1979 Hostage-Taking Convention | State Party |
| 1997 Terrorist Bombings Convention | State Party |
| 1999 Terrorist Financing Convention | State Party |
| 2005 Nuclear Terrorism Convention | State Party |
Kazakhstan can also adhere to the Organization of Islamic Cooperation treaty on terrorism.
| Treaty | Adherence |
|---|---|
| 1999 OIC Convention on Combating International Terrorism | Status unknown |
Laws and Penalties for Terrorist Offences
The Constitution of Kazakhstan permits the use of the death penalty for two types of offence: terrorist offences resulting in fatalities, and especially grave crimes committed in wartime. The death penalty for certain terrorist offences is repeated in Article 47(1) and Article 255 of the Penal Code of Kazakhstan.
Propaganda of terrorism or public calls for commission of an act of terrorism, as well as production, storage in order to distribution or distribution of materials of specified content – shall be punished by imprisonment for the term of three to seven years with confiscation of property.Art. 256(1), Penal Code of Kazakhstan.
Counterterrorism Capacities and Policies at Domestic Level
Law No. 266-IV of 2010 on the countering of terrorism and a 2018 amendment are the primary counterterrorism laws in Kazakhstan.
In recent years, Kazakhstan has been at risk of attacks by foreign terrorist fighters (FTFs) returning from conflict zones in the Middle East and Afghanistan, as well as homegrown terrorist attacks. Between January and June 2019, for instance, the government repatriated 595 Kazakhstani FTFs and family members from Syria, prosecuting those it suspected of participation in terrorist activity abroad and providing rehabilitation and reintegration services to the remainder.
Glossary
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