04.12.2025 19:20:00
Дата публикации
Head of legal practice at the Eurasian Digital Foundation and founder of the Internet Freedom project, Elzhan Kabyshev, gave an interview to Central Media 24/7 about the campaign against internet shutdowns in Kazakhstan, within which he appealed to the Constitutional Court. He asks to declare certain provisions of the Law “On Communications” unconstitutional, arguing that they allow suspension of the internet by individual officials.
The official Telegram channel of the Eurasian Digital Foundation published information about the appeal.
“After several years of strategic litigation, going through district courts, appeals, the Supreme Court, and not receiving satisfactory decisions, we reached the final national instance — we filed an appeal to the Constitutional Court,” the statement reads.
Since 2022, lawyers have tried to understand which legal norms allowed the nationwide internet shutdown during the January events.
“We concluded that the problem lies in the very structure of Article 41‑1 of the Law ‘On Communications.’ It permits suspension of networks by individual officials, without requiring the state to report to society,” said the Coalition of Human Rights Organizations in an appeal published on shutdown.kz..
Why internet shutdowns are dangerous
Kabyshev asked the Constitutional Court to review clauses 1 and 2 of Article 41‑1. He believes the law should not grant discretionary powers to officials or restrict citizens’ rights. These provisions, he argues, contradict the Constitution, particularly the right to freely receive and disseminate information.
The UN Human Rights Office report highlights consequences: hospitals cannot reach doctors, producers lose buyers, peaceful demonstrators under attack cannot call for help, and students miss entrance exams.
“Internet shutdown undermines modern life and negatively affects economic, social, and cultural rights,” Kabyshev’s appeal states.
Who and why can cut off communications in Kazakhstan
The lawyer notes there is no clear definition of grounds for shutdowns. The law lists crimes that can be prevented, but the list is overly broad — from serious crimes to minor offenses such as apartment theft, livestock stealing, copyright violations, or patent infringements.
“Even information about facts that may lead to such crimes allows suspension of networks nationwide,” the appeal says.
The decision is made by the head of the National Security Committee. It cannot be known in advance or challenged in court. No time limits are specified. The measure can only follow a presidential decree.
The presidential decree of January 5, 2022, on the state of emergency in Almaty did not mention communications shutdowns. Despite this, internet and telecom services were cut, and courts upheld the decision, citing Article 41‑1 of the Communications Law and Article 14‑1 of the Emergency Law.
Kabyshev therefore asks to declare these clauses unconstitutional.
Lawsuits against Kazakhtelecom, Beeline, Tele2/Altel
On July 25, 2024, the Turksib District Court of Almaty heard Kabyshev’s case against Kazakhtelecom and Kar‑Tel (Beeline). He argued that in January 2022 he lost access to services without warning. Operators denied responsibility, saying the shutdown was not their initiative. The court rejected the claim. Appeals and Supreme Court review also failed.
A similar lawsuit was filed by Raimzhan Seit against Kar‑Tel and Mobile Telecom Service (Tele2/Altel). On April 14, 2025, the Supreme Court rejected it, again citing the Communications Law. Compensation was denied.
Why the Constitutional Court appeal matters
Kabyshev notes that if the Constitutional Court rules positively, these cases may take a different turn. Even if the law cannot be retroactively changed, past court decisions based on old norms could be reconsidered.
He has already received notice that the Constitutional Court extended review until December 30, 2025. By year’s end, it will be clear whether internet shutdowns will continue in Kazakhstan.
