Kazakhstan’s Constitutional Court, the nation’s highest judicial authority, has ruled that akimats (local administrations) must provide rally organizers with alternative locations or times before denying permission to hold an assembly, according to a recent statement from the court.
This decision comes after human rights activists appealed to the Constitutional Court, challenging a provision in the law on peaceful assemblies. The appeal stemmed from the February 2023 refusal by the Astana akimat to permit a rally opposing the law on mass media. The akimat claimed that another event was allegedly scheduled for the same time and location. Activists argue that the law enables local administrations to arbitrarily deny requests to hold rallies without offering alternative arrangements for time or location.
The court upheld the clause in the law that allows akimats to deny requests for peaceful assemblies if another event is planned or if construction or installation work is taking place at the specified time and location, stating that this provision complies with the constitution.
«The Constitutional Court highlighted that the law requires any decision to deny a peaceful assembly to be justified and well-reasoned, with the possibility of legally challenging it. In every case, the refusal must be based on a comprehensive analysis of all relevant circumstances and potential risks. This includes considering the purpose, significance, public importance and scale of the events, as well as other objective factors,» the statement read.
At the same time, the law requires that an akimat propose an alternative location or time for a rally before deciding to deny the event. The court emphasized that this is a mandatory requirement.
«If the organizer of a peaceful assembly agrees to such a proposal, the local executive body has no right to refuse the assembly. However, if the organizer does not respond with either consent or disagreement regarding the proposed change of location or time, the local executive body may then issue a decision to deny the assembly,» the court stated.
The Constitutional Court’s resolution takes effect immediately upon adoption and is binding across the entire territory of Kazakhstan.
