Landmark Sentence for Former Minister in Kazakhstan Domestic Violence Case

On May 13, former Kazakh Minister of Economy Kuandyk Bishimbayev was sentenced to 24 years in prison for murder (“murder committed with extreme cruelty”) and torture. He killed his wife, Saltanat Nukenova, in a restaurant bathroom in Astana in November 2023, but a history of abuse and beatings preceded that tragic night.

Bishimbayev’s trial, which began on March 27, was the first to be live-streamed in Kazakhstan, drawing significant attention to the country’s pervasive domestic violence issue.

Mia Tarp Nurmagambetova has written for The Diplomat about how Bishimbayev’s trial highlighted domestic violence for Kazakhstani lawmakers. Activists, who have long advocated for harsher penalties for gender-based violence, achieved a victory in April when President Kassym-Jomart Tokayev signed a new law criminalizing domestic violence.

Bishimbayev’s trial also coincided with other significant reforms. On March 12, the day after Judge Aizhan Kulbaeva granted Bishimbayev a jury trial, Kazakhstan’s lower parliament chamber, the Majilis, passed the first reading of a bill to reform the country’s jury system. Since 2007, Kazakhstan has used hybrid juries, where jurors and the judge jointly decide cases, unlike the classic model where jurors deliberate independently.

This hybrid model, used in various democratic countries in Europe, has faced criticism in Kazakhstan. Lawyer Aigerim Kusainkyzy questioned the fairness of decisions made behind closed doors in such deliberations. The U.S. State Department’s 2022 human rights report on Kazakhstan noted the dominance of prosecutors in trials, but Bishimbayev’s defense team demonstrated considerable assertiveness, with local media observing that they seemed to control the trial more than Judge Kulbaeva. On April 11, Bishimbayev’s lawyers attempted to file a complaint against the judge, which she rejected.

Kulbaeva faced criticism for barring the media from the courtroom on April 10 to protect juror anonymity, a decision interpreted as an attempt to stifle press freedom. She later lifted these restrictions on April 22 despite personal safety threats.

The trial, watched by millions, has the potential to enhance legal literacy in Kazakhstan. As jury trials become more common, officials hope public confidence in the justice system will grow. The extensive media coverage of the Bishimbayev case has effectively educated the public on legal processes and reforms.

Media outlets and social media channels provided detailed explanations on the history and workings of jury trials in Kazakhstan. An interview with lawyer Dzhokhar Utebekov by Forbes Kazakhstan garnered 908,000 views in less than a month, while a 17-minute video by Giperborei outlining the trial results had 541,000 views within 24 hours.

This increased legal literacy is crucial in Kazakhstan, where political rhetoric often emphasizes reform, democratization, and transparency. The World Justice Project ranked Kazakhstan 65th globally in 2023, noting improvements in the rule of law despite declines in most countries.

A key aspect of the rule of law is accountability for all, regardless of status. Initially, there were concerns that Bishimbayev’s privileged background might lead to leniency. Bishimbayev, whose father was a Majilis deputy and who became a minister at 36, had been pardoned and released on parole in 2019 after being convicted of accepting bribes.

However, the trial appeared to balance competing incentives. Lawyer Igor Vranchev argued that convicting Bishimbayev would liberate Kazakhstan from elitist impunity. Although some protested that Bishimbayev should have received a life sentence, 24 years is a substantial punishment. While an appeal may be filed and parole is possible, Judge Kulbaeva and the jury seem to have found a middle ground.