20.11.2025 14:14:00
Дата публикации
The Eurasian Digital Foundation has filed an appeal to Kazakhstan’s Constitutional Court — the final national authority capable of assessing the legality of the provision that enables mass internet shutdowns, reports Exclusive.kz..
After years of strategic litigation through district courts, appeals, and the Supreme Court, the team failed to obtain a satisfactory ruling. Now, all arguments have been consolidated and submitted to the Constitutional Court.
“The EDF team systematized all prior legal experience: case materials from Almaty courts, appeal arguments, refusals, and Supreme Court conclusions,” the Foundation stated.
Expert analysis revealed that the core issue lies in Article 41-1 of the Law “On Communications,” which allows nationwide internet restrictions without transparent procedures, judicial oversight, or public accountability.
“We sought to understand which legal norms enabled the January 2022 shutdown… and concluded that the problem lies in the structure of Article 41-1,” EDF representatives noted.
The team also consulted human rights defenders, civil society experts, and constitutional lawyers to formulate strong legal arguments for the Court.
“Internet shutdowns directly affect constitutional rights — access to information and freedom of expression,” the Foundation emphasized.
According to EDF, the provision is vaguely worded, making it impossible to review or predict its application. The mechanism contradicts the principles of proportionality and Kazakhstan’s international obligations.
“We ask the Court to assess the constitutionality of the provision and its compliance with legality and proportionality. Internet shutdowns must not remain beyond legal control,” the statement concludes.
Read the full article on Exclusive.kz: exclusive.kz/protiv-shatdaunov-konstitucionnyj-sud-dolzhen-otvetit-zakonno-li-otkljuchajut-internet-v-kazahstane
“The EDF team systematized all prior legal experience: case materials from Almaty courts, appeal arguments, refusals, and Supreme Court conclusions,” the Foundation stated.
Expert analysis revealed that the core issue lies in Article 41-1 of the Law “On Communications,” which allows nationwide internet restrictions without transparent procedures, judicial oversight, or public accountability.
“We sought to understand which legal norms enabled the January 2022 shutdown… and concluded that the problem lies in the structure of Article 41-1,” EDF representatives noted.
The team also consulted human rights defenders, civil society experts, and constitutional lawyers to formulate strong legal arguments for the Court.
“Internet shutdowns directly affect constitutional rights — access to information and freedom of expression,” the Foundation emphasized.
According to EDF, the provision is vaguely worded, making it impossible to review or predict its application. The mechanism contradicts the principles of proportionality and Kazakhstan’s international obligations.
“We ask the Court to assess the constitutionality of the provision and its compliance with legality and proportionality. Internet shutdowns must not remain beyond legal control,” the statement concludes.
Read the full article on Exclusive.kz: exclusive.kz/protiv-shatdaunov-konstitucionnyj-sud-dolzhen-otvetit-zakonno-li-otkljuchajut-internet-v-kazahstane
