Мир закона

L. A. Zhubandykova — Scientific Secretary of the Academic Council of the Aktobe law Institute of the Ministry of internal affairs of the Republic of Kazakhstan named after M. Bukenbaev, master of laws, police Lieutenant colonel

DEVELOPMENT OF CRIMINAL LAW POLICY OF KAZAKHSTAN IN THE FIGHT AGAINST CRIMES RELIGIOUS EXTREMIST DIRECTIONS

РАЗВИТИЕ УГОЛОВНО-ПРАВОВОЙ ПОЛИТИКИ КАЗАХСТАНА В ВОПРОСАХ БОРЬБЫ С ПРЕСТУПЛЕНИЯМИ РЕЛИГИОЗНОЙ ЭКСТРЕМИСТСКОЙ НАПРАВЛЕННОСТИ

ҚЫЛМЫСТАРҒА ҚАРСЫ КҮРЕС МӘСЕЛЕЛЕРІНДЕ ҚАЗАҚСТАННЫҢ ҚЫЛМЫСТЫҚ-ҚҰҚЫҚТЫҚ САЯСАТЫН ДАМЫТУ ДІНИ ЭКСТРЕМИСТІК БАҒЫТТЫЛЫҒЫ

Keywords: religious extremism, terrorism, counteraction to extremism, organized criminal group.

Ключевые слова: религиозный экстремизм, терроризм, противодейст­вие экстремизму, организованно-преступная группа.

Түйінді сөздер: діни экстремизм, терроризм, экстремизмге қарсы іс-қимыл, ұйымдасқан-қылмыстық топ.

In his address to the people of Kazakhstan «Third modernization of Kazakhstan: global competitiveness» dated January 31, 2017, Head of state Nursultan Nazarbaev noted: «In modern conditions, humanity is faced with the growth of terrorism. The key issues here are the fight against the financing of destructive forces and links with foreign terrorist organizations» [1]. Giving this topical issue the role of a strategic priority in ensuring the national security of the country every year becomes more and more relevant.

Over the past 20-25 years, the world community has been constantly confronted with this large-scale, diverse in forms and modes of action phenomenon – religious extremism and its most painful form of manifestation – terrorism. In the last two years alone, more than 3,000 people have been killed and tens of thousands injured in terrorist attacks around the world, not including ISIS crimes [2]. In these conditions, it becomes natural to pay special attention to this problem of scientists-political scientists, sociologists, lawyers. It does not remain without attention at meetings, summits, high-level conferences of heads of state, well-known political figures and religious leaders of the world. However, as world practice shows, this plague of the XXI century has not yet been eradicated.

Despite the predominance of Islam in Kazakhstan at the level of identity and traditions, we feel the manifestation of the actions of radical cells in our country, which over the past 5 years in Kazakhstan committed 9 terrorist attacks[3].

The experience of the state practice of countering religious extremism shows that it is problematic to quickly and finally neutralize its forces and related terrorism for various reasons. First of all, this is due to the characteristic features of these phenomena at the present stage, namely: the formation of their radical views and ideological attitudes; the scale and globalization of distribution; the presence of an extensive system of financial sources; conspiracy of illegal activities, willingness to sacrifice their lives to prove loyalty to the idea, etc. Their internal structure, methods of sabotage and Subversion are largely different from organized criminal groups and communities[4].

The presence of the above mentioned reasons, has allowed the development of religious (Islamic) extremism in our country in the following stages:

I-stage – 1991-1998 years – the period of latent formation of the infrastructure of religious (Islamic) extremism, the emergence of extremist underground. The main factors are: the formation of beliefs in the mass consciousness about the value of Islam; the emergence of Islamic groups, including Salafi (Wahhabi) jamaats, takfiris; the lack of a regulatory legal framework that determines the activities of state bodies in the fight against religious extremism and terrorism [5]; uncontrolled growth in the number of religious Islamic institutions; the lack of readiness of the Spiritual administration of Muslims of Kazakhstan (SAMK) to exercise effective control over the processes taking place in the Muslim community; the receipt of religious education by young Kazakhstanis in foreign Islamic educational institutions (Turkey, Iran, Saudi Arabia, Pakistan, Egypt, etc.); the spread of the activities of foreign Islamic preachers who promoted the ideas of radical Islam; the geographical proximity of Kazakhstan to unstable countries and regions where the positions of political (radical) Islam are strong[6].

One of the first legislative norms in the field of combating religious extremism in 1993 was the introduction into the Constitution, in accordance with the instructions of President Nursultan Nazarbaev, of a provision banning the activities of religious and public associations «proclaiming or implementing in practice… religious intolerance» (article 55). This provision was later reproduced in the 1995 Constitution (article 5.3), although in the new version «religious intolerance» was replaced by a more «broad» wording on «incitement of religious hatred». In addition, in 1995 article 20.3 of the Constitution prohibits «propaganda or agitation… religious… superiority» [7].

II-stage – 1999-2010 – active development of religious (Islamic) extremism and awareness of the seriousness of this threat by the state. The impetus for this was a series of terrorist attacks in February 1999 in neighboring Uzbekistan. Citizens of Uzbekistan who were found to be involved in the terrorist attacks in Tashkent were detained on the territory of Kazakhstan and then extradited to Uzbekistan[8].

In response to this phenomenon, a number of normative legal acts aimed at countering extremism, including its religious form, have been adopted in the legislative sphere:

– Law of the Republic of Kazakhstan «On counteraction to terrorism» dated July 13, 1999 № 416 [9];

– Decree of the President of the Republic of Kazakhstan «Оn measures to prevent and suppress manifestations of terrorism and extremism» dated February 10, 2000 № 332 [10];

– Law of the Republic of Kazakhstan «Оn countering extremism» dated February 18, 2005 № 31-III [11].

In December 2003, the order of the President of Kazakhstan established the Antiterrorist center (hereinafter ATC), which was entrusted with coordinating the activities of all special, law enforcement and other agencies to combat terrorism [12].

At the same time, despite the measures taken, every year extremist and terrorist activities become more organized and new persons are involved in the ranks of such groups under the influence of destructive forces.

Experience shows that radical Islam usually arises where the positions of Orthodox Islam are weak. It is not surprising that the traditional (everyday) Islam preserved in the Republic was not ready and not able to resist its radical current. The lack of a system of classical (dogmatic) religious education, and sufficient intellectual clergy affected. According to official data, only about 30% of imams have higher religious education [13].

More and more active propaganda of Islamic extremism ideas through Internet resources is beginning to develop, the number of adherents of Islam, especially among unemployed youth, is increasing. At the same time, the trend of growth of Muslims since this time can be traced mainly by the increase in the number of men attending the mosque and women wearing the hijab. Thus, according to the results of the 2009 national census, adherents of Islam in Kazakhstan amounted to 11 million 237.9 thousand people, or 70.2% of the total population [14]. Cases of involvement and participation of citizens of Kazakhstan in terrorist activities, both on the territory of neighboring countries and in foreign countries [15], are becoming more frequent. The number of Kazakhstanis brought to criminal responsibility for crimes related to extremism and terrorist activities is growing already on the territory of our country: in 2008-2009, 7 terrorist attacks were prevented and 46 people involved in terrorist and extremist activities were convicted [16].

III-stage – 2011-2016 – open confrontation between the state and the terrorist underground, religious and ideological struggle has passed into the phase of armed struggle.

This period is also characterized by a sharp increase in cases of participation of citizens of Kazakhstan in terrorist activities on the territory of other countries: Dagestan, Kyrgyzstan, Tajikistan, Russia, Syria. The number of Kazakhstanis who left for Syria and Iraq amounted to about 400 people [17].

Since the beginning of the armed conflicts in Afghanistan, Syria, Iraq, 45 citizens of Kazakhstan have been deported and extradited from the camps of international terrorist organizations, as well as support and transit infrastructures in third countries, 33 have returned independently.

In 2012, the internal affairs bodies prevented the illegal activities of 205 missionaries of the religious organization Tablig-I-Jamaat[18] .

The peak of this process occurred in 2011-2012; at this stage, the socio-economic roots of Islamic extremism were fully manifested when 14 extremist actions and armed clashes with law enforcement forces were committed in Aktobe, Atyrau, Zhambyl, Almaty regions and other regions of Kazakhstan. At the same time, 51 extremists, 13 law enforcement officers and 6 civilians were killed [19].

The objects of intimidation of terrorists in Kazakhstan are law enforcement agencies, and more specifically the MIA and the NSC. Such demonstrative, cynical, cruel tactics of intimidation of law enforcement officers is explained by a challenge to the authorities, to force the government to fulfill its requirements. If earlier Islamic radicals were covered mainly by religious dogmas «we will clear the earth of infidels!», now more political platforms – «build a Caliphate on the whole earth!». Terrorist attacks against the population work against the terrorists themselves, depriving them of support and only strengthening the ruling regime.

Another disturbing trend is the interpenetration and fusion of extremism and criminality. On the one hand, criminal methods are often used by representatives of religious radical associations in their activities, especially in the interests of its financing. On the other hand, the ideas of «pure Islam» are actively spread among criminal elements, which is most often the case in prisons. In addition, members of some organized criminal groups find some justification in religion for their crimes.

In turn, in order to identify and suppress the prerequisites of extremism and terrorism, to develop a system of measures to ensure the security of society from the threat of terrorism, significant work has been done to create and improve the legislative and organizational framework, the effectiveness of which is consistently increasing. In particular were adopted:

• Law of the Republic of Kazakhstan «on religious activities and religious associations» dated October 11, 2011 № 483-IV [20];
• The state program on counteraction to religious extremism and terrorism in the Republic of Kazakhstan for 2013-2017, approved by the decree of the President of the Republic of Kazakhstan dated 24.09.2013 № 648. According to this program, the main emphasis is on uniting all efforts and directing them to the prevention and prevention of the causes that lead people to terrorist and extremist organizations[21].
• ten presidential decrees and laws (since 2000) on amendments and additions to some legislative acts of the Republic of Kazakhstan on combating terrorism, countering extremism and terrorism, financing of terrorism [22], the latest of which is the Law of the Republic of Kazakhstan «Оn amendments and additions to some legislative acts of the Republic of Kazakhstan on combating extremism and terrorism» dated December 22, 2016 № 28-VI, the law is aimed at improving the current legislation in the areas of combating terrorism and extremism, arms trafficking and migration regulation, provides for measures to strengthen the punishment for extremism and terrorism, including participation in international terrorist organizations and armed conflicts abroad, establishes a ban on the activities of religious groups and associations that promote extremism and terrorism, introduces administrative responsibility of security structures and owners of facilities vulnerable to terrorism, for non-compliance with the legislation on combating terrorism.

It should be noted that the amendments and additions to the Constitution of the Republic of Kazakhstan dated August 30, 1995, according to part 2. article 10 of which «a citizen of the Republic may not be deprived of citizenship, the right to change his citizenship, and may not be expelled from Kazakhstan. Deprivation of citizenship is allowed only by a court decision for committing terrorist crimes, as well as for causing other serious harm to the vital interests of the Republic of Kazakhstan» [23]. This innovation is aimed at strengthening the protection of the constitutional system, protection of public order, rights and freedoms of citizens and is applicable in particular to persons taking part in terrorist activities outside Kazakhstan (Syria, Iraq), on the side of the so-called «Islamic state», which is recognized as a terrorist group worldwide[24].

The work of law enforcement agencies (national security agencies, internal Affairs agencies and the economic investigation service[25]) to prevent, detect and suppress extremism, to suppress crimes of a terrorist and extremist nature, and to develop international cooperation in countering extremism has also intensified. As a result of this work, 21 terrorist and extremist organizations are banned in the country [26].

In 2016, 143 people were convicted of extremist and terrorist crimes.

In 2016, the Prosecutor General’s office made 7 orders to the Ministry of information and communications to take measures to temporarily suspend access to 33 materials of Internet resources. 95 links containing propaganda of extremism and terrorism were blocked. According to prosecutors, the courts recognized extremist 19 and terrorist 13 information materials, their distribution in the country is prohibited [27].

Since 2013, 27 violent extremist acts of a terrorist nature have been prevented and thwarted at an early stage (2013 – eight, 2014 – three, 2015 – four, 2016 – 12). Over the past four years, 546 recruits from Kazakhstan (2013 – 168, 2014 – 136, 2015 – 151, 2016 – 91) were not allowed to travel to the zones of terrorist activity. 79 citizens of Kazakhstan were returned or returned from camps of international terrorist organizations, as well as support and transit infrastructure in third countries, 34 of them were brought to criminal responsibility for participation in terrorist activities[28].

In his address this Year, President Nursultan Nazarbaev pointed to the need for the formation of zero tolerance in society for any actions related to radical manifestations, especially in the sphere of religious relations. Such action on behalf of El basy the bass were taken into account in the draft State program on combating religious extremism and terrorism in the Republic of Kazakhstan for the years 2017-2020, under which it is planned to improve the quality of counter-production, to improve the system of training in outreach work, to organize the work of the theological rehabilitation services with convicted persons, to take additional steps on the spiritual and moral upbringing of the younger generation, to improve measures, aimed at creating immunity in society to radical ideology.

The above data indicate the intensification of measures to counteract religious extremism of all branches of government, but in order to «form a zero tolerance in society for any actions related to radical manifestations» requires a broader counter-propaganda activity on the theological justification of the fallacy and illegality of extremist ideas and actions that have a religious shell through the Executive and representative authorities, educational institutions, the media; activating the role of official clergy in theological education and exposure in the public eye essence anti-Islamic radical extremist ideology; political and legal justification of illegality of extremist ideas and actions (legal evaluation); strengthening the educational process for young people formation of a tolerant culture.

 

ANNOTATION

The article deals with the history and experience of the state practice of countering religious extremism, as well as normative legal acts on combating terrorism, countering extremism and terrorism.

АННОТАЦИЯ

В статье рассмотрены история и опыт отечественной практики противодействия религиозному экстремизму, а также нормативно-правовые акты по вопросам борьбы с терроризмом, противодействия экстремизму и терроризму.

ТҮЙІН

Мақалада діни экстремизмге қарсы іс-қимылдың отандық тәжірибесінің тарихы мен тәжірибесі, сондай-ақ терроризммен күрес, экстремизм мен терроризмге қарсы іс-қимыл мәселелері бойынша нормативтік-құқықтық актілер қарастырылған.

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