The leader of the Independent Oil and Energy Workers’ Union in Kazakhstan, Erlan Baltabay, was again arrested and sentenced to an additional five months’ imprisonment for union-related activities and for not paying a fine imposed when he was previously released from prison on humanitarian grounds in August 2019 following a special decree by Kazakhstan’s president, Kassym-Jomart Tokayev. Baltabay was originally sentenced to seven years’ imprisonment in July 2019 for the misappropriation of approximately US$28,000 of union dues. Baltabay says the money is still in his possession but denies fraud, saying he acted to protect the money for his members after his petrochemical workers’ union, Decent Work, was forcibly dissolved in 2015.
He was released in August 2019 after being pardoned by the president and given a fine of an undisclosed amount in exchange for his remaining prison sentence. Baltabay insisted on his innocence and refused to pay the fine or recognise the presidential pardon. Baltabay and his lawyer argued in court that the criminal charges levied against him of large-scale misappropriation of funds were politically motivated and unfounded from the start. They explained that the person who made the allegation has no standing to do so under Kazakh law and that authorities should have dismissed the complaint and not brought a criminal case against Baltabay. On 19 December 2019, the Court rejected Baltabay’s appeal.
The sentencing of Baltabay has been condemned by international trade unions and human rights groups. These criminal proceedings, as well as those against CITUK’s Larisa Kharkova, Amin Eleusinov and Nurbek Kushakpaev, silence and repress leaders of independent trade unions and prevent others from taking an active role in implementing real freedom of association in the country.