Open Letter to the Chairman of the Supreme Court

To the Chairman of the Supreme Court
of the Republic of Kazakhstan
Mr. A.A. Mergaliyev

The International Foundation for Protection of Freedom of Speech “Adil Soz”, guided by its Charter and its mission to safeguard freedom of expression and protect the rights of journalists, addresses you regarding an incident that occurred on 18 August 2025 during the court hearing in the case concerning the attempted murder of the Deputy Akim of Shymkent, Ruslan Berdenov.

During the hearing, the presiding judge Abinur Karabayev, in the presence of journalists and trial participants, engaged in conduct incompatible with the high status of a judge: he publicly stuck out his tongue at Astana journalist Botagoz Omarova. This incident was recorded on video and published on social media.

Article 26 of the Law of the Republic of Kazakhstan “On Mass Media” grants journalists the right to attend open court hearings, to receive information necessary for their professional activities, and to make audio and video recordings.

At the same time, Clause 4 of Article 4 of the Code of Judicial Ethics explicitly requires judges to observe ethical standards towards all persons present in the courtroom:

“In the course of judicial proceedings, a judge must observe etiquette, appearance, and proper courtroom conduct, as well as maintain order and show respect to all participants in the process and court staff.”

Thus, the actions of Judge Karabayev contradict the above-mentioned standards and raise serious concerns about their admissibility.

In this regard, we respectfully request that you:

1. Conduct an inquiry into the circumstances of the incident involving Judge Abinur Karabayev.

2. Provide an official assessment of whether such behavior is permissible under the Code of Judicial Ethics and the Law on the Judicial System and the Status of Judges.

3. Clarify whether disciplinary measures will be applied to the judge if a violation is confirmed.

4. Explain what mechanisms are in place to prevent such conduct in the future.

Given the significance of this case and the need to ensure transparency and public trust in the judicial system, we kindly ask you to consider this request within the time limits established by law and to provide an official response.