The Supreme Court has refused to examine Kairgeldy Smagulov’s claim against Ex-President Nursultan Nazarbayev, citing Nazarbayev’s status of inviolability. The Nege.Aqsha Telegram channel was the first to notice the resolution.
Smagulov wanted Nazarbayev to transfer all his possessions and assets to the state, insisting that he had «put mankind in danger» while in power.
The Court of Cassation decided not to reexamine the claim, as the Constitution of the Republic of Kazakhstan guarantees inviolability to the presidents and ex-presidents. Moreover, according to the Law on the President of the Republic of Kazakhstan, a leader «shall not be liable for activities related to accomplishing the duties of the president, excluding cases of treason.»
Additionally, the document states that the grounds for reexamination must be «substantial breaches» of the law that could lead to an unlawful court decision. No breaches of this kind occurred, according to the court.
«Under the existing regulations, Smagulov’s claim is not applicable for civil litigation examination,» the Supreme Court’s resolution states.
This is Kairgeldy Smagulov’s third attempt to confiscate the ex-president’s possessions in favor of the state through legal process. Smagulov’s claim had been earlier declined by an inter-district court for civil cases and later by the capital’s court.
Nursultan Nazarbayev held the presidency from 1991 to 2019. In 2023, the parliament implemented a law withdrawing a set of privileges for him and his family, including his «Yelbasy» (Leader of the Nation) status. Nevertheless, Nazarbayev still retains the right to personal inviolability, a life annuity, a flat, a state country house, a personal car, free nationwide travel, free healthcare and health resort treatment.
