20.11.2025 14:28:00
Дата публикации
On October 8, Elzhan Kabyshev, Head of Legal Practice at the Eurasian Digital Foundation, submitted an appeal to Kazakhstan’s Constitutional Court challenging the legality of internet shutdowns, reports Vlast.kz
Kabyshev asks the Court to declare unconstitutional the provisions of the Law “On Communications” that allow National Security Committee officials to suspend network operations and access to online resources.
Before filing the appeal, Kabyshev went through first-instance and appellate courts, which ruled that the law applies regardless of a declared state of emergency.
The appeal targets paragraphs 1 and 2 of Article 41-1, which permit the NSC chair, deputies, or department heads to suspend communications and internet access for 24 hours in urgent cases potentially linked to serious crimes or organized criminal activity.
Kabyshev argues that these provisions violate constitutional rights to freely receive and disseminate information, and due to vague wording, also contradict Article 13, which guarantees judicial protection.
He cites a UN Human Rights report describing the consequences of shutdowns: hospitals unable to reach doctors, voters cut off from candidate information, businesses facing collapse, peaceful protesters unable to call for help, students missing entrance exams, and refugees left uninformed about pandemic risks.
Kabyshev notes that the law’s criteria for suspension are unclear, and the list of applicable crimes is overly broad — including offenses like home theft or copyright violations that pose no serious threat to public order.
“Information about facts that may lead to such crimes — even without preparation — allows for nationwide shutdowns,” he writes.
The appeal also highlights that the NSC chair can act unilaterally, without judicial or democratic oversight, and is not required to present evidence or specify the duration of the shutdown.
Moreover, the Law “On Communications” states that during a state of emergency, only a presidential decree can authorize shutdowns. Yet the January 5, 2022 decree introducing emergency measures in Almaty did not include such provisions.
“Despite this, internet and telecom services were cut off during the emergency, and courts upheld the action based on Article 41-1 and Article 14-1 of the Law on Emergency Situations,” Kabyshev writes.
He asks the Court to declare these provisions unconstitutional and mandate legislative amendments.
Read the full article on Vlast.kz: vlast.kz/novosti/67305-kazahstanskij-urist-podal-obrasenie-v-konstitucionnyj-sud-protiv-internet-satdaunov.html
Before filing the appeal, Kabyshev went through first-instance and appellate courts, which ruled that the law applies regardless of a declared state of emergency.
The appeal targets paragraphs 1 and 2 of Article 41-1, which permit the NSC chair, deputies, or department heads to suspend communications and internet access for 24 hours in urgent cases potentially linked to serious crimes or organized criminal activity.
Kabyshev argues that these provisions violate constitutional rights to freely receive and disseminate information, and due to vague wording, also contradict Article 13, which guarantees judicial protection.
He cites a UN Human Rights report describing the consequences of shutdowns: hospitals unable to reach doctors, voters cut off from candidate information, businesses facing collapse, peaceful protesters unable to call for help, students missing entrance exams, and refugees left uninformed about pandemic risks.
Kabyshev notes that the law’s criteria for suspension are unclear, and the list of applicable crimes is overly broad — including offenses like home theft or copyright violations that pose no serious threat to public order.
“Information about facts that may lead to such crimes — even without preparation — allows for nationwide shutdowns,” he writes.
The appeal also highlights that the NSC chair can act unilaterally, without judicial or democratic oversight, and is not required to present evidence or specify the duration of the shutdown.
Moreover, the Law “On Communications” states that during a state of emergency, only a presidential decree can authorize shutdowns. Yet the January 5, 2022 decree introducing emergency measures in Almaty did not include such provisions.
“Despite this, internet and telecom services were cut off during the emergency, and courts upheld the action based on Article 41-1 and Article 14-1 of the Law on Emergency Situations,” Kabyshev writes.
He asks the Court to declare these provisions unconstitutional and mandate legislative amendments.
Read the full article on Vlast.kz: vlast.kz/novosti/67305-kazahstanskij-urist-podal-obrasenie-v-konstitucionnyj-sud-protiv-internet-satdaunov.html
