The following information was provided in an article published in Texas Triangle in February 2000 featuring the head of Kontrast, a Kazakh foundation which "promotes the civil rights of homosexuals and greater societal acceptance of sexual minorities" and "provides AIDS education for sexual minorities and youth" (Center for Civil Society International Nov. 1998). According to the head, Ivan Shibitov, homosexuals in Kazakhstan are victims of "anti-gay burglaries, beatings, and murders" (Texas Triangle 11-17 Feb. 2000). Police use laws on "public order, illegal meetings and insulting the President" to harass homosexuals (ibid.). Shibitov also said that:

I was being called to Justice Department where they offered me to stop gay rights protection ... But I decided to go till the end. I was more than once accompanied to police stations where policemen broke my right hand, nose and harmed my back. After beatings there were put 6 sews on my face in the hospital (ibid.).

Gay detainees in prisons and police detention centres are treated like "slaves" and are victims of rapes (N.U.U.Z.L.E.T.T.A. 27 Apr. 2000). Police do not provide protection to homosexuals victims of criminals (ibid.). Shibitov claimed that there is an intensification of "persecutions" of gays in the workplace, in the armed forces, and in educational institutions (ibid.).

From 1991 to 1999, no gay organization was registered as a non-governmental organization with the Justice Ministry, although Kontrast was able to register as an NGO involved in AIDS prevention by resorting to bribes (ibid.). In early 2000, there existed eight "gay groups" in Kazakhstan (ibid.).

In the late 1990s, the Kazakh government repealed Article 104, Par. 1 of the Penal Code, under which persons were arrested for homosexual activities (ibid.). According to Shibitov, many people in Almaty and everyone outside Almaty are ignorant of the abolition of the article as there have not been any reports of its abolition in the official media (ibid.).

Rapes of men are not punished in Kazakhstan despite the existence of Article 120 of the Penal Code providing for a prison term of no fewer than three years and no more than 15 years (ibid.).

According to Shibitov, physicians working at the national AIDS centre reveal the sexual orientation of their gay patients (Texas Triangle 11-17 Feb. 2000).

In Kazakhstan, "known" homosexuals are required to undergo an HIV test every six months (ibid.). Shibitov claims that the refusal to take such a test results in the disclosure of the individual's homosexuality to his parents, his employers or his teachers by mail (ibid.). According to Shibitov, an individual who has not taken a test for a year can be punished by a three-year prison term under Article 116 of the Kazakhstan Criminal Code (ibid.) [although it is not specified in the article]. Following is a translation of Article 116:

Article 116 Infection by the Human Immunodeficiency Virus (HIV/AIDS)

1. Deliberate exposure of another person to the HIV/AIDS is an offence punishable by a limitation of freedom for a period not exceeding three years or detention (arest) for a term of no more than six months or incarceration for a period of no more than one year.

2. An HIV-positive or AIDS-infected person who knowingly infects someone shall be imprisoned for a period not exceeding five years.

3. If two or more individuals or a person known by the perpetrator to be a minor are victims of the act mentioned in Par. 2 of this article, the punishment is incarceration for a period of up to eight years.

4. A health worker or a service employee who as a result of the negligent performance of his duties infects someone shall be imprisoned for a period not exceeding five years and lose the right to hold certain jobs or carry out certain functions for a period not exceeding three years (Kazakhstan 1997).

According to Kazakhstan's code of criminal procedure, detention (arest) means inprisonment in a special facility where the prisoners are separated from all other categories of prisoners (Kazakhstan 23 June 2000).

While Kazakhstan's Defence Ministry claimed that there was no homosexuality in the armed forces, the chair of Kontrast said that 10 per cent of soldiers were "certainly" homosexual (Kazakh Commercial Television 11 Mar. 2000). The ministry noted that there had been an "isolated case" in the internal forces (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

Kazakh Commercial Television [Almaty, in Russian]. 11 March 2000. "Kazakh Army Rife with Gays, Gay Activist Says." (BBC Monitoring 11 Mar. 2000/NEXIS)

Kazakhstan. 23 June 2000. Kodeks Respubliki Kazakhstana ot 13 dekabrya 1997 goda N 208-1. Ugolovno-ispolnitelhyi Kodeks RK (s izmeneniyami, vnesennymymi v sootvetsvii s Zakonami RK ot 05.05.2000 g. N 47-II; ot 23.06.2000 N 57-II). (Code of the Republic of Kazakhstan dated 13 December 1997 N 208-1. Code of Criminal Procedure of the Republic of Kazakhstan (with amendment N47-II of 5 May 2000 and amendment N 57-II of 23 June 2000 introduced in conformity with the laws of the Republic of Kazakhstan)) http://www.zakon.kz/law/pravsys/183.htm [Accessed 11 Oct. 2000]

_____. 1997. Zakon Respubliki Kazakhstan. Ugolovnyi Kodeks. Respubliki Kazakhstan. (Law of the Republic of Kazakhstan. Criminal Code. Republic of Kazakhstan)

N.U.U.Z.L.E.T.T.A. 27 April 2000. "Homofobia in Kazakhstan." http://www.blakout.net/nuuz/20000428/homofobia_in_kazakhstan.htm [Accessed 21 Sept. 2000]

Texas Triangle. 11-17 February 2000. "Kazakhstan Gays Face Abuse." http://www.txtriangle.com/818/international.htm [Accessed 21 Sept. 2000]

Additional Sources Consulted

IRB Databases

LEXIS/NEXIS

Internet sites including:

Amnesty International (AI)

Center for Civil Society International

Fédération internationale des ligues des droits de l'homme (FIDH)

Freedom in the World 1999-2000

Gay Explorer

Gay Law News

Human Rights Campaign

Human Rights Watch (HRW)

The International Foundation for Gender Education

International Gay and Lesbian Association (ILGA)

International Helsinki Federation for Human Rights (IHF-HR)

International Lesbian and Gay Human Rights Commission (ILHRC)

Internews Kazakhstan

Outcast

Planet Out

Radio Free Europe/Radio Liberty (RFE/RL)

Soros Foundations Network

Transitions

World News Connection (WNC)

Search engines including:

Fast Search

Gayscape

Google