Dinara Smailova

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Dinara Botayevna Smailova (Kazakh: Динара Ботаевна Смаилова; born 12 February 1969), also known as Dina Tangsari (Kazakh: Дина Таңсәрі) is a Kazakhstani human rights activist known for her work with survivors of domestic violence and sexual abuse.

Activism

Smailova first began posting online under the pseudonym Dina Tangsari, after the name of the children's theatre she had previously worked at as producer for. In August 2016, Smailova shared a post on social media in which she disclosed that she had been gang raped 20 years earlier, using the hashtag #nemolchi (Kazakh: немолчи, lit. 'don't be silent').[1] Later that year, she founded NeMolchiKZ, a non-profit group advocating for the rights of survivors of domestic and sexual violence. Through the organisation, Smailova has provided online consultations to people experiencing domestic abuse. A 2023 report published in Orda stated that through NeMolchiKZ, Smailova's work had led to criminal convictions against 239 rapists, as well as disciplinary procedures against 200 police officers for inaction, in addition to supporting 35, 000 survivors of abuse.[2][3][4] In August 2017, Smailova spoke at the United Nations General Assembly about the stigma of rape.[1][5]

Through her activism, Smailova has been critical of the Government of Kazakhstan, citing its failure to protect women and children from widespread sexual and domestic abuse throughout Kazakhstan. Following controversies, including allegations of fraud and financial mismanagement in 2017 and 2020 which she denied, Smailova left Kazakhstan in 2021, settling in Georgia with her husband and son.[2][6] While in Georgia, she formally registered NeMolchiKZ under the name Nemolchi.[6]

In 2023, Smailova and her husband, Almat Mukhamedzhanov, were denied re-entry to Georgia following a trip to Turkey. They have since settled in an unspecified country with the European Union, where as of 2024 they are claiming asylum.[3][5]

Criminal charges

On 16 October 2023, the Oskemen police department began investigating Smailova for fraud, going on to interview at least 800 people who had donated to NeMolchiKZ. Smailova was not made aware of the investigation until a supporter informed her that they had been contacted by the police.[2][7] On 23 November 2023, prosecutors ordered for Smailova's and NeMolchiKZ's bank accounts to be frozen.[2][4]

On 27 December 2023, the Ministry of Internal Affairs announced that authorities in Almaty, the Almaty Region and the East Kazakhstan Region were pursuing criminal charges against Smailova. The charges included fraud; violations of privacy; and the knowing dissemination of false information. On 28 December 2023, a court in Oskemen arrested and detained Smailova for two months in absentia, and the police force for the East Kazakhstan Region added Smailova to its wanted list.[2][8][7][9]

Prosecutors claimed that Smailova misappropriated millions of tenge in donations, citing seven donors who had complained of embezzlement, and that she used donations for personal gain and that NeMolchiKZ did not support vulnerable people.[7] They also accused Smailova of sharing personal information about people who used NeMolchiKZ, and of "groundlessly" accusing people of being perpetrators of abuse.[2][10][6][11] Smailova's lawyer, Gulnara Zhuaspaeva, alleged that the police had obtained the information of 7000 individuals who had donated to NeMolchiKZ in order to justify charging her, and further claimed that the seven complaints made against Smailova had only been filed after the police investigation had already started.[12] Zhuaspaeva criticised the prosecutor's claim that Smailova had misappropriated millions of tenge, stating that the total amount donated by the six complainants equated to ₸23, 000. Zhuaspaeva accuse the police of numerous violations during their investigation, including preventing her from accessing case materials.[2]

Smailova appealed her arrest and detainment; in January 2024, the Court of Appeal declined to remove the charges.[9] Smailova subsequently made an appeal to the President of Kazakhstan, Kassym-Jomart Tokayev, to ensure a fair investigation into the charges.[13] Smailova faces a 10 year custodial prison sentence if convicted.[2] Following the charges, Smailova claimed asylum in an unknown European country, with the application pending as of February 2024.[2]

Response

Human Rights Watch accused the Kazakhstani government of targeting Smailova with "dubious" charges in retaliation for her activism, and called on them to uphold Smailova's right to due process to ensure the criminal justice system was not used to "silence" her.[2]

References

  1. ^ a b "From where I stand: "We are not the ones to be shamed! Our attackers should be ashamed and prosecuted!"". UN Women. 17 August 2017. Archived from the original on 17 August 2017. Retrieved 6 February 2024.
  2. ^ a b c d e f g h i j "Kazakhstan: Women's Rights Activist Targeted with Dubious Fraud Charges". Human Rights Watch. 5 February 2024. Archived from the original on 5 February 2024. Retrieved 6 February 2024.
  3. ^ a b "Қазақстанда "НеМолчи.kz" қорының жетекшісіне іздеу жарияланды" [A search for the head of the "NeMolchi.kz" fund has been announced in Kazakhstan]. Azattyq Radiosy (in Kazakh). 27 December 2023. Archived from the original on 28 December 2023. Retrieved 6 February 2024.
  4. ^ a b Nizhegorodski, Yuri (24 December 2023). "Дело #НеМолчиKZ: почему Дина Тансари запросила политическое убежище в Европе и что будет с ее Фондом" [The #NeMolchiKZ case: why Dina Tangsari requested political asylum in Europe and what will happen to her Foundation]. Orda (in Russian). Archived from the original on 4 January 2024. Retrieved 6 February 2024.
  5. ^ a b Ilina, Viktoriya (15 October 2023). "Казахстанская правозащитница Тансари и её муж попали в списки нежелательных визитёров Грузии" [Kazakh human rights activist Tangsari and her husband were included on Georgia's list of unwanted visitors]. Orda (in Russian). Archived from the original on 18 October 2023. Retrieved 6 February 2024.
  6. ^ a b c "HRW Urges Kazakh Authorities To Drop 'Dubious Fraud Charges' Against Women's Rights Activist". RadioFreeEurope/RadioLiberty. 5 February 2024. Archived from the original on 6 February 2024. Retrieved 6 February 2024.
  7. ^ a b c Sandoval, Lindsey (28 December 2023). "In Kazakhstan, the head of the Nemolchi Foundation, Dina Smailova, was arrested in absentia in a fraud case". Perild. Archived from the original on 6 February 2024. Retrieved 6 February 2024.
  8. ^ "Kazakhstan Adds Women's Rights Activist To Wanted List". RadioFreeEurope/RadioLiberty. 27 December 2023. Archived from the original on 5 February 2024. Retrieved 6 February 2024.
  9. ^ a b "Сот "НеМолчи.kz" қорының жетекшісін қамауға алу туралы шешімді өзгертпеді" [The court did not change the decision to arrest the head of the "NeMolchi.kz" foundation]. Azattyq Radiosy (in Kazakh). 6 January 2024. Archived from the original on 7 January 2024. Retrieved 6 February 2024.
  10. ^ Turlybek, Shugyla (27 December 2023). "Тансари объявлена в розыск за мошенничество" [Tangsari wanted for fraud]. Polisia.kz (in Russian). Archived from the original on 4 January 2024. Retrieved 6 February 2024.
  11. ^ "Следственный суд города Усть-Каменогорска выдал санкцию на арест Динары Смаиловой" [The investigative court of the city of Ust-Kamenogorsk issued a warrant for the arrest of Dinara Smailova]. Vlast (in Russian). 28 December 2023. Archived from the original on 21 January 2024. Retrieved 6 February 2024.
  12. ^ Smagulov, Aset (6 December 2023). "Дело против лидера #НеМолчиKZ Дины Тансари: называют мошенницей, но никто не жалуется" [The case against #NeMolchiKZ leader Dina Tangsari: they call her a fraud, but no one is complaining]. Orda (in Russian). Archived from the original on 6 December 2023. Retrieved 6 February 2024.
  13. ^ Bagdatova, Gauhar (3 January 2024). "«Не Молчи» қорының жетекшісі Дина Таңсәрі президентке үндеу жолдады" [Dina Tangsari, head of "Ne Molchi" foundation, sent an appeal to the president]. Zhas Alash (in Kazakh). Archived from the original on 4 January 2024. Retrieved 6 February 2024.
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