20 January 2024.
4, Beibitshilik Street, Astana, 010000, Republic of Kazakhstan
Mr Berik Nogaevich Asylov, Prosecutor General of the Republic of Kazakhstan
010000, Republic of Kazakhstan, Astana, 14 Mangilik El Ave
From: citizen of the Republic of Kazakhstan
Serik Rakhymbaevich Medetbekov
STATEMENT ON VIOLATIONS OF CONSTITUTIONAL LAW OF THE REPUBLIC OF KAZAKHSTAN DATED 28 SEPTEMBER 1995 “ON ELECTIONS IN THE REPUBLIC OF KAZAKHSTAN” THAT TOOK PLACE DURING THE PREPARATION AND HOLDING OF EXTRAORDINARY ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN ON 3 APRIL 2011 AND EXTRAORDINARY ELECTIONS OF THE PRESIDENT OF THE REPUBLIC OF KAZAKHSTAN ON 26 APRIL 2015.
In December 2023, former President of Kazakhstan Nursultan Nazarbayev published a book of memoirs “My Life”, in which he admitted that since the early 2000s he has been in two marriages simultaneously, has two wives: Sara Nazarbayeva and Asel Isabayeva/Kurmanbayeva, children from each of them: daughters Dariga, Dinara and Aliya, sons Tauman and Baiken.
Nursultan Nazarbayev has personally confirmed to the media and individual foreign leaders that this information is true and that he is consciously bringing it to the attention of the people of Kazakhstan and the international community.
Avoiding moral assessments of the published information, one cannot but consider them as a personal admission by Nursultan Nazarbayev of his repeated gross violation of of the Constitutional Law of the Republic of Kazakhstan of 28 September 1995 “On Elections in the Republic of Kazakhstan” , which was expressed in providing false information about his marital status, the facts of a long-term extramarital affair and subsequent bigamy, and the presence of children born out of wedlock.
There is no doubt that information about this should have dramatically changed the results of the election, because it would have alienated women voters of all age groups, who are outraged by the facts of sexual relations between powerful older men and young and defenceless girls.
The age difference between Nursultan Nazarbayev and Aselya Isabayeva/Kurmanbayeva is more than 40 years. By the time she entered into a relationship with N. Nazarbayev, she was socially unprotected in any way, having no completed education, no profession and no income of her own. Her guardian/father, being a civil servant, was dependent on President Nazarbayev.
Male voters, in their turn, could not but condemn the use by candidate Nazarbayev of his official position to conceal information about his family members, places of residence of his wives and minor children, wives’ occupations, as well as their incomes and assets. Since, in these newly discovered circumstances, there is an actual violation by the candidate Nazarbayev N.A. of the requirements of Article 59 of the Constitutional Law of the Republic of Kazakhstan “On Elections in the Republic of Kazakhstan”.
In particular, the refusal to provide the Central Election Commission with information on the income of Nazarbayev’s second wife is a clear violation of the Election Law, as paragraph 2 of Article 59 clearly requires:
“The candidate and his (her) spouse shall, prior to registration, submit to the state revenue authorities at the place of residence declarations of assets and liabilities as of the first day of the month of the beginning of the nomination period established in accordance with this Constitutional Law, in the manner and form established by the authorised state body of the Republic of Kazakhstan, which is in charge of ensuring the receipt of taxes and other compulsory payments to the budget.
Reliability of information on assets and liabilities declared by a candidate and his/her spouse shall be verified by the state revenue authorities within fifteen days from the date of registration of a candidate”.
It is known from the international Pandora Papers investigation conducted by the Centre for Corruption and Organised Crime Research (OCCRP)1 that A. Isabayeva/Kurmanbayeva had tens of millions of dollars worth of assets provided to her by corrupt individuals from President Nazarbayev’s entourage during the two election campaigns in question.
Kazakhstani journalists also found that Isabayeva/Kurmanbayeva had received the use and disposal of theatre buildings in Almaty and Astana at the expense of the budget and the Nazarbayev Foundation.
The totality of these circumstances makes it possible to accuse N. Nazarbayev of deliberately concealing mandatory information about himself and his family when running for president of Kazakhstan in 2011 and 2016. Due to this, he twice illegally participated in the elections and subsequently, having passed the electoral procedures, illegally exercised the functions of the President of the Republic of Kazakhstan, at least in the period 2011-2019.
Declaring these crimes against the Constitution and the state, I demand from the Central Election Commission of the Republic of Kazakhstan to cancel the acts of the Central Election Commission of the Republic of Kazakhstan on the registration of N. Nazarbayev as a candidate for President of the Republic of Kazakhstan in the early presidential elections in 2011 and 2015.
Accordingly, I demand that Decrees No. 45/76 of 5 April 2011 “On Establishment and Publication of the Results of the Extraordinary Election of the President of the Republic of Kazakhstan held on 3 April 2011” and No. 32/61 of 28 April 2015 “On Establishment and Publication of the Results of the Extraordinary Election of the President of the Republic of Kazakhstan held on 26 April 2015” be annulled as ineligible.
As an exhibit, editions of Nursultan Nazarbayev’s book “My Life. From Dependence to Freedom”, “Meninң omirim. Bodandyktan – bostandykққa”:
- Nazarbayev, N. A. My life. From dependence to freedom : memoirs / N. A. Nazarbayev. – Astana : Publisher: Foliant, 2023. – 708 с. – ISBN 978-601-271-803-4:
Publisher: N. Nazarbayev Foundation; ISBN 978-601-271-803-4.
- Nazarbayev N.: Menің өmіrіm. Bodandyktan – bostandykққa; ISBN 978-601-271-821-8.
Civil Society Coalition of Kazakhstan “Dongelek Ystel”.