ISSUE 1
Activism for Justice: Unmasking Gender Bias in Law Enforcement
May 28, 2024
Like us, you may have been in high spirits as Kazakhstan finally criminalized domestic violence. Since responsible institutions have not been addressing the issue adequately, the burden of the fight for victims' deserved protection has disproportionately fallen onto the shoulders of progressive civil society. Although sharing the same goal, the actors on both sides diverged in their views on the necessary measures to tackle gender-based violence. What does the protracted struggle on the way to the adoption of legislative changes reveal about the Kazakhstani law enforcement agencies? Let us explore this question today.
Approximate reading time: 10 min
Lead-author: Aliya Mustafina | Co-author: Zhibek Akimova | Line editor: Adiya Tulesheva
Like us, you may have been in high spirits as Kazakhstan finally criminalized domestic violence. Since responsible institutions have not been addressing the issue adequately, the burden of the fight for victims' deserved protection has disproportionately fallen onto the shoulders of progressive civil society. Although sharing the same goal, the actors on both sides diverged in their views on the necessary measures to tackle gender-based violence. What does the protracted struggle on the way to the adoption of legislative changes reveal about the Kazakhstani law enforcement agencies? Let us explore this question today.
Approximate reading time: 10 min
Lead-author: Aliya Mustafina | Co-author: Zhibek Akimova | Line editor: Adiya Tulesheva
Relevance
Civic activism in Kazakhstan achieved the long-awaited legislative changes strengthening punishments for domestic violence, which President Tokayev signed on April 15, 2024. While the new legislation aims to deter the perpetrators more effectively than the previous lenient measures, its implementation remains uncertain, the success contingent on comprehensive institutional reforms.
Despite these legal advancements, deeply rooted cultural attitudes that downplay gender-based justice in Kazakhstan pose significant challenges within law enforcement agencies. They have been the root cause of institutional resistance to criminalization and gender inequities in day-to-day policing. Stories often reveal that perpetrators' crimes are met with "a cigarette from a policeman, instead of hard detention", revealing the inadequacy of police responsiveness to cases of domestic violence.
Civic activism, driven by the significant contributions of Nemolchikz, not only overcame the Ministry of Internal Affairs’s resistance to criminalization but also exposed the urgent need for institutional reforms. Emerging eight years ago as an online movement, Nemolchikz has evolved into a unique phenomenon within Kazakhstani civil society. Acknowledged by reputable domestic and international civil actors like UN Women and Human Rights Watch, it has become a trusted advocate for violence victims, sparking public resonance around their stories, exposing inadequate police responses, and demanding accountability.
While civic society has shown increasing sensitivity to women experiencing domestic abuse in recent years, this progress has not been mirrored by the more rigid governmental institutions. This issue closely examines the mismatch between police behavior and the progressive attitudes emerging in civic society, which have translated into political will.
Civic activism in Kazakhstan achieved the long-awaited legislative changes strengthening punishments for domestic violence, which President Tokayev signed on April 15, 2024. While the new legislation aims to deter the perpetrators more effectively than the previous lenient measures, its implementation remains uncertain, the success contingent on comprehensive institutional reforms.
Despite these legal advancements, deeply rooted cultural attitudes that downplay gender-based justice in Kazakhstan pose significant challenges within law enforcement agencies. They have been the root cause of institutional resistance to criminalization and gender inequities in day-to-day policing. Stories often reveal that perpetrators' crimes are met with "a cigarette from a policeman, instead of hard detention", revealing the inadequacy of police responsiveness to cases of domestic violence.
Civic activism, driven by the significant contributions of Nemolchikz, not only overcame the Ministry of Internal Affairs’s resistance to criminalization but also exposed the urgent need for institutional reforms. Emerging eight years ago as an online movement, Nemolchikz has evolved into a unique phenomenon within Kazakhstani civil society. Acknowledged by reputable domestic and international civil actors like UN Women and Human Rights Watch, it has become a trusted advocate for violence victims, sparking public resonance around their stories, exposing inadequate police responses, and demanding accountability.
While civic society has shown increasing sensitivity to women experiencing domestic abuse in recent years, this progress has not been mirrored by the more rigid governmental institutions. This issue closely examines the mismatch between police behavior and the progressive attitudes emerging in civic society, which have translated into political will.
Anti-domestic violence march (Kursiv)
Push for Criminalization
Law enforcement agencies have firmly opposed criminalization and harsh punishments for battery and intentional infliction of minor bodily injury, arguing that such measures are ineffective against domestic abuse offenders. After several re-classifications, in 2017, the Ministry of Internal Affairs (MIA) and Prosecutor General's Office (PGO) initiated and achieved the transfer of these offences from criminal to administrative offences code, justifying this move with the high latency of domestic abuse and the difficulty in holding offenders accountable. The amendments transferred the burden of collecting evidence and filing lawsuits from victims to the police. Yet they also allowed conciliation between the parties and reduced punishments from community service, heavy fines, and up to two months' imprisonment to mild fines or 10-15 days' detention. Furthermore, in 2019, protective orders - written warnings - were introduced as a primary measure preceding any punishment.
Although this resulted in a higher number of offenders held liable, the legislative changes made the punishment the most lenient it has ever been, proving to be a weak prevention measure. The repetition rate stood at 63-80% between 2021-2023, and on average, 60% of administrative cases were withdrawn, mostly due to pressures on women. As a result, the cycle of domestic violence continued, with women having to endure severe injuries like concussions and broken limbs classified as minor.
Despite the alarming state of affairs, MIA and PGO found the risks associated with criminalization to outweigh its potential to enhance victim security. They argued that criminalization would prolong pre-trial investigations, impose financial burdens on families, deter reporting due to stigma and privacy concerns, increase divorce rates, and fail to address the root causes of repeated offences. However, Khalida Azhigulova, a Doctor of Law and civil advocate involved in legislative changes, criticized this reasoning for lacking a human-centered approach and empathy for women experiencing abuse.
In contrast to the law enforcement agencies, civic society has found the status quo unacceptable, opposing the institutional perspective. Following the 2017 amendments, more cases began to reach publicity in the news and online media. Despite limited resources, Nemolchikz, the leading civil group advocating for victims of abuse, has been actively exposing the ineffective nature of the modified legislation by calling public attention to frightening real-life stories of women left in helpless situations. The voices of victims, channelled and amplified relentlessly by the social media activism of both civil society organizations and independent individuals, were powerful enough to influence the political agenda.
President Tokayev acknowledged the pressing state of domestic violence in his 2019 speech and has since been demanding an appropriate governmental response. Consequently, 2020 marked the first official attempt to impose harsher punishments for perpetrators. However, this attempt was buried after an anti-bill campaign led by a narrow circle of individuals sparked unfounded moral panic in society—a fact later recognized by officials.
Meanwhile, civic grievances over the impunity of domestic abusers continued to compound. During the COVID-19 pandemic, the cases of domestic abuse mushroomed, prompting the release of two documentary films on domestic violence that quickly gained widespread attention, and the launch of Batyr Jamal, an independent media platform dedicated to women's rights and security, marking progress amidst ongoing challenges.
With a highly engaged civic society and an increasing number of victims coming forward, the anti-criminalization narratives of law enforcement agencies appeared untenable. In 2022, faced with intensified societal discontent and demands for justice, the President repeatedly ordered the government to tighten the law to address the issue effectively. In response, in 2023, MIA put forward several legal reforms: domestic violence offenсes were now registered on a detectable (by police or third parties) basis instead of deсlarative (by the victim), reconciliation between parties was permitted only once in court, and the detention period for domestic abuse was slightly extended. This led to a two-fold increase in registered cases of administrative offences. However, civil rights advocates did not view these reforms as sufficient, noting their low efficiency in deterring crime and protecting victims. It took massive societal upheaval and mobilization, sparked by the November 2023 case of an ex-minister brutally killing his wife, for the legislative bodies to finally set proportionate and just punishments for battery and intentional infliction of minor bodily injury.
In this way, civil activism and public outcry in social media served as a driving force behind the 2024 law criminalizing domestic violence, overcoming resistance from the Ministry of Internal Affairs and bypassing its usual role of proposing legal changes to the Parliament.
Law enforcement agencies have firmly opposed criminalization and harsh punishments for battery and intentional infliction of minor bodily injury, arguing that such measures are ineffective against domestic abuse offenders. After several re-classifications, in 2017, the Ministry of Internal Affairs (MIA) and Prosecutor General's Office (PGO) initiated and achieved the transfer of these offences from criminal to administrative offences code, justifying this move with the high latency of domestic abuse and the difficulty in holding offenders accountable. The amendments transferred the burden of collecting evidence and filing lawsuits from victims to the police. Yet they also allowed conciliation between the parties and reduced punishments from community service, heavy fines, and up to two months' imprisonment to mild fines or 10-15 days' detention. Furthermore, in 2019, protective orders - written warnings - were introduced as a primary measure preceding any punishment.
Although this resulted in a higher number of offenders held liable, the legislative changes made the punishment the most lenient it has ever been, proving to be a weak prevention measure. The repetition rate stood at 63-80% between 2021-2023, and on average, 60% of administrative cases were withdrawn, mostly due to pressures on women. As a result, the cycle of domestic violence continued, with women having to endure severe injuries like concussions and broken limbs classified as minor.
Despite the alarming state of affairs, MIA and PGO found the risks associated with criminalization to outweigh its potential to enhance victim security. They argued that criminalization would prolong pre-trial investigations, impose financial burdens on families, deter reporting due to stigma and privacy concerns, increase divorce rates, and fail to address the root causes of repeated offences. However, Khalida Azhigulova, a Doctor of Law and civil advocate involved in legislative changes, criticized this reasoning for lacking a human-centered approach and empathy for women experiencing abuse.
In contrast to the law enforcement agencies, civic society has found the status quo unacceptable, opposing the institutional perspective. Following the 2017 amendments, more cases began to reach publicity in the news and online media. Despite limited resources, Nemolchikz, the leading civil group advocating for victims of abuse, has been actively exposing the ineffective nature of the modified legislation by calling public attention to frightening real-life stories of women left in helpless situations. The voices of victims, channelled and amplified relentlessly by the social media activism of both civil society organizations and independent individuals, were powerful enough to influence the political agenda.
President Tokayev acknowledged the pressing state of domestic violence in his 2019 speech and has since been demanding an appropriate governmental response. Consequently, 2020 marked the first official attempt to impose harsher punishments for perpetrators. However, this attempt was buried after an anti-bill campaign led by a narrow circle of individuals sparked unfounded moral panic in society—a fact later recognized by officials.
Meanwhile, civic grievances over the impunity of domestic abusers continued to compound. During the COVID-19 pandemic, the cases of domestic abuse mushroomed, prompting the release of two documentary films on domestic violence that quickly gained widespread attention, and the launch of Batyr Jamal, an independent media platform dedicated to women's rights and security, marking progress amidst ongoing challenges.
With a highly engaged civic society and an increasing number of victims coming forward, the anti-criminalization narratives of law enforcement agencies appeared untenable. In 2022, faced with intensified societal discontent and demands for justice, the President repeatedly ordered the government to tighten the law to address the issue effectively. In response, in 2023, MIA put forward several legal reforms: domestic violence offenсes were now registered on a detectable (by police or third parties) basis instead of deсlarative (by the victim), reconciliation between parties was permitted only once in court, and the detention period for domestic abuse was slightly extended. This led to a two-fold increase in registered cases of administrative offences. However, civil rights advocates did not view these reforms as sufficient, noting their low efficiency in deterring crime and protecting victims. It took massive societal upheaval and mobilization, sparked by the November 2023 case of an ex-minister brutally killing his wife, for the legislative bodies to finally set proportionate and just punishments for battery and intentional infliction of minor bodily injury.
In this way, civil activism and public outcry in social media served as a driving force behind the 2024 law criminalizing domestic violence, overcoming resistance from the Ministry of Internal Affairs and bypassing its usual role of proposing legal changes to the Parliament.
Photo by Konstantin Shelkov
"The police did not prosecute a man for the knife attack. 7 months later he injured her again with a piece of mirror." (Nemolchikz)
Article by Tengrinews.kz
Instagram feed of Nemolchikz
Police Bias
The observed hesitance and lack of proactive stance in imposing more severe measures against offenders signal a fundamental misunderstanding of the experiences of women facing domestic violence. To shed light on why the agencies responsible for ensuring public security operate this way, a closer examination of grassroots-level practices of police officers is necessary.
Police officers are crucial first contacts for women escaping domestic violence. They are expected to provide immediate protection, conduct proper vulnerability risk assessments of the survivor and implement effective protective measures. Any improper response can increase victim vulnerability, reduce trust, discourage reporting, and most alarmingly, give way to subsequent abuse, denying victims their deserved safety and justice. For women in Kazakhstan, these are not mere possibilities but rather brutal realities. Police response to gender-based offences captured in social media reveals many women have negative experiences when they interact with police.
In the first four months of 2024 alone, there have been 63 posts on Nemolchikz, detailing instances of police officers showing male solidarity to abusers, dissuading victims from reporting, dismissing cases for lack of evidence, and misclassifying these crimes as hooliganism instead of more brutal violations. That is, it is not rare that policemen do not take crimes reported by women seriously, and act with negligence and disinterest in victims' needs.
A vivid example is Adina, who had her throat cut by a man who had been consistently abusing her. The police took Adina out of the hospital for questioning immediately after surgery. The case was reclassified from hooliganism to attempted murder with hooliganism intentions only after the story was covered by Nemolchikz. Similar stories are posted almost daily, demonstrating systemic violations, and the problem of police mishandling domestic violence against women. The 2017 OSCE survey of police officers in Kazakhstan also points to the misunderstanding of the potential severity of harm to victims: 42% of surveyed officers believed it would be sufficient for domestic abuse perpetrators to be administratively detained for less than three hours.
This primarily stems from the larger societal bias that penetrates the police force, more precisely its people. Entrenched patriarchy and prejudices against women are reflected even in political rhetoric, with some high-level officials making derogatory statements about women and justifying men's aggression as a response to psychological pressure. Within this context, it is not surprising that male-dominated and male-favouring law enforcement agencies view domestic violence as a private family matter rather than a severe human rights violation, often placing blame on the women involved.
The lack of sensitivity to domestic violence victims reflects the problem of female underrepresentation in the police force. Key leadership positions are predominantly held by men, with only 16% of police officers being women in 2023. According to the same 2017 OSCE survey, 73% of respondents believed that one female inspector specializing in domestic violence is sufficient for more than 10,000 citizens. These biases add up to prevalent ethical issues within the police, like corruption and avoidance of bureaucratic procedures, thus exacerbating the tendency of regular officers to take the matter of domestic violence lightly.
More importantly, the current institutional arrangement enables those attitudes to translate into unprofessional and discriminatory behavior of officers, reflecting a lack of strong deterrent factors. What the Ministry identifies as some of the prevalent challenges in handling domestic abuse cases are the deliberate flight of offenders from the scene, limited capacity in the number of cases courts can review, and lack of crisis centers, forcing victims to remain with the aggressors.
The Ministry overlooks the disparities in how law enforcement officers and the institution treat individuals based on gender. Gender-based biases undermining police parity are not acknowledged, police misconduct is only penalized after public resonance, and women remain a minority in the police institution. This points to the absence of institutionalization of gender mainstreaming in MIA's agenda, as there are no gender considerations in designing official policies, programs, and practices.
Promoting gender mainstreaming in policing requires a comprehensive non-discrimination policy, as emphasized by the OSCE 2022 International Gender and Security Toolkit. This policy should be integrated into education and training for police officers and consistently enforced across all police service divisions to ensure fair policing and justice for women. It aims to cultivate a culture of zero tolerance for discrimination through regular reviews by internal control bodies and independent oversight mechanisms. In short, gender considerations, with a focus on addressing the needs of victims, must be incorporated into standard operating procedures for all investigations.
Сoncluding remarks
Although societal biases against women provide the foundation for dismissive attitudes towards women's security, law enforcement agencies possess the institutional capacity and responsibility to effect change and ensure justice for all. In Kazakhstan, the efforts of the Ministry of Internal Affairs to address domestic violence lack recognition of the risks of gender-based bias behind the badge, as reflected in recurring instances of low police integrity, professionalism, and commitment.
It is the local civil society that exposes gender disparities in law enforcement practices and stresses the need for fundamental institutional reforms. Nemolchikz specifically has been instrumental in driving positive change for victims of domestic abuse. This lets us acknowledge the importance of external monitoring for essential institutional improvement. Through dynamic public discourse, society gains insight into its own shortcomings and areas for improvement. Violence against women remains a deeply entrenched trauma for Kazakhstani people. Perhaps, institutions will need to face all stages of acknowledgement: denial of the issue, anger at civil society, bargaining, depression, and ultimately acceptance of the problem, needed for its resolvement.
In the upcoming Issue, we evaluate the progress made by the Ministry of Internal Affairs in this regard by examining its past and future reforms and how civil society has catalyzed them.
The observed hesitance and lack of proactive stance in imposing more severe measures against offenders signal a fundamental misunderstanding of the experiences of women facing domestic violence. To shed light on why the agencies responsible for ensuring public security operate this way, a closer examination of grassroots-level practices of police officers is necessary.
Police officers are crucial first contacts for women escaping domestic violence. They are expected to provide immediate protection, conduct proper vulnerability risk assessments of the survivor and implement effective protective measures. Any improper response can increase victim vulnerability, reduce trust, discourage reporting, and most alarmingly, give way to subsequent abuse, denying victims their deserved safety and justice. For women in Kazakhstan, these are not mere possibilities but rather brutal realities. Police response to gender-based offences captured in social media reveals many women have negative experiences when they interact with police.
In the first four months of 2024 alone, there have been 63 posts on Nemolchikz, detailing instances of police officers showing male solidarity to abusers, dissuading victims from reporting, dismissing cases for lack of evidence, and misclassifying these crimes as hooliganism instead of more brutal violations. That is, it is not rare that policemen do not take crimes reported by women seriously, and act with negligence and disinterest in victims' needs.
A vivid example is Adina, who had her throat cut by a man who had been consistently abusing her. The police took Adina out of the hospital for questioning immediately after surgery. The case was reclassified from hooliganism to attempted murder with hooliganism intentions only after the story was covered by Nemolchikz. Similar stories are posted almost daily, demonstrating systemic violations, and the problem of police mishandling domestic violence against women. The 2017 OSCE survey of police officers in Kazakhstan also points to the misunderstanding of the potential severity of harm to victims: 42% of surveyed officers believed it would be sufficient for domestic abuse perpetrators to be administratively detained for less than three hours.
This primarily stems from the larger societal bias that penetrates the police force, more precisely its people. Entrenched patriarchy and prejudices against women are reflected even in political rhetoric, with some high-level officials making derogatory statements about women and justifying men's aggression as a response to psychological pressure. Within this context, it is not surprising that male-dominated and male-favouring law enforcement agencies view domestic violence as a private family matter rather than a severe human rights violation, often placing blame on the women involved.
The lack of sensitivity to domestic violence victims reflects the problem of female underrepresentation in the police force. Key leadership positions are predominantly held by men, with only 16% of police officers being women in 2023. According to the same 2017 OSCE survey, 73% of respondents believed that one female inspector specializing in domestic violence is sufficient for more than 10,000 citizens. These biases add up to prevalent ethical issues within the police, like corruption and avoidance of bureaucratic procedures, thus exacerbating the tendency of regular officers to take the matter of domestic violence lightly.
More importantly, the current institutional arrangement enables those attitudes to translate into unprofessional and discriminatory behavior of officers, reflecting a lack of strong deterrent factors. What the Ministry identifies as some of the prevalent challenges in handling domestic abuse cases are the deliberate flight of offenders from the scene, limited capacity in the number of cases courts can review, and lack of crisis centers, forcing victims to remain with the aggressors.
The Ministry overlooks the disparities in how law enforcement officers and the institution treat individuals based on gender. Gender-based biases undermining police parity are not acknowledged, police misconduct is only penalized after public resonance, and women remain a minority in the police institution. This points to the absence of institutionalization of gender mainstreaming in MIA's agenda, as there are no gender considerations in designing official policies, programs, and practices.
Promoting gender mainstreaming in policing requires a comprehensive non-discrimination policy, as emphasized by the OSCE 2022 International Gender and Security Toolkit. This policy should be integrated into education and training for police officers and consistently enforced across all police service divisions to ensure fair policing and justice for women. It aims to cultivate a culture of zero tolerance for discrimination through regular reviews by internal control bodies and independent oversight mechanisms. In short, gender considerations, with a focus on addressing the needs of victims, must be incorporated into standard operating procedures for all investigations.
Сoncluding remarks
Although societal biases against women provide the foundation for dismissive attitudes towards women's security, law enforcement agencies possess the institutional capacity and responsibility to effect change and ensure justice for all. In Kazakhstan, the efforts of the Ministry of Internal Affairs to address domestic violence lack recognition of the risks of gender-based bias behind the badge, as reflected in recurring instances of low police integrity, professionalism, and commitment.
It is the local civil society that exposes gender disparities in law enforcement practices and stresses the need for fundamental institutional reforms. Nemolchikz specifically has been instrumental in driving positive change for victims of domestic abuse. This lets us acknowledge the importance of external monitoring for essential institutional improvement. Through dynamic public discourse, society gains insight into its own shortcomings and areas for improvement. Violence against women remains a deeply entrenched trauma for Kazakhstani people. Perhaps, institutions will need to face all stages of acknowledgement: denial of the issue, anger at civil society, bargaining, depression, and ultimately acceptance of the problem, needed for its resolvement.
In the upcoming Issue, we evaluate the progress made by the Ministry of Internal Affairs in this regard by examining its past and future reforms and how civil society has catalyzed them.
