Kazakhstan

No Data

Immigration detainees

No Data

Detained children

574

Refugees

2018

18,800,000

Population

2020

Overview

Types of facilities used for migration-related detention
Administrative Ad Hoc Criminal Unknown

Related Reading

14 June 2020

A Group of Tajik Migrants at the Silk Road Checkpoint, (Azattyq.org,
A Group of Tajik Migrants at the Silk Road Checkpoint, (Azattyq.org, "Застрявших на казахско-узбекской границе таджикистанцев вернули на родину," Fergana, 3 June 2020, https://fergana.agency/news/118753/)

According to information submitted to the GDP by the International Legal Initiative (ILI), Kazakhstan has introduced a moratorium on new detention orders related to violations of migration legislation, and has temporarily ceased deportation proceedings. However, persons who commit other offences may still be placed in immigration detention, and no persons have been released. Meetings with lawyers, as well as relatives, have also been suspended. This system is due to remain in place until 10 July. While some detainees have been tested for Covid-19 (nine were confirmed to have the virus in Almaty), the ILI reports that not all detainees have had access to testing.

In recent years, increasing numbers of migrants have entered Kazakhstan. Most come from Tajikistan, Kyrgyzstan, and Uzbekistan, and many enter the country in search of employment in the construction and agriculture sectors. Although the country is today believed to host some 3.5 million migrants, more than half of these are believed to be undocumented due to difficulties navigating the registration system after their temporary registration period elapses. Lacking official IDs and registration papers, undocumented migrants are vulnerable to arrest, detention, and deportation.

According to the Central Asian Bueau for Analytical Reporting, although the government introduced unemployment benefits (100.42 USD per month) to help mitigate the economic effects of the lockdown, undocumented migrants cannot not access such payments. Without official IDs or residence permits, they may also not access key health services – and many have expressed fears that they will be arrested should they present themselves for testing or treatment. (Similar concerns about the lack of a “firewall” between health care and immigration authorities have been expressed by migrants and refugees in countries such as Germany (10 June update), Lebanon (2 June update) and South Africa (26 May update) during the pandemic.)

According to several reports, a group of more than 230 Tajik migrants—including pregnant women and children—were trapped for two months at the country’s border with Uzbekistan, in a car park in the Turkestan region. The group were attempting to return to Tajikistan but were blocked by closed borders until 2 June, when authorities facilitated their return home.


Last updated:

IMMIGRATION AND DETENTION-RELATED STATISTICS

Criminal prison population
36,343
2017
49,821
2014
62,997
2010
51,538
2007
58,300
2004
88,421
2001
84,657
1998
85,448
1995
58,519
1992
Percentage of foreign prisoners
4.5
2017
Prison population rate (per 100,000 of national population)
202
2017
290
2014
401
2010
336
2007
386
2004
590
2001
548
1998
534
1995
358
1992
Population
18,800,000
2020
17,625,000
2015
International migrants
3,546,800
2015
International migrants as a percentage of the population
20.1
2015
Refugees
574
2018
608
2017
647
2016
708
2015
633
2014
Ratio of refugees per 1000 inhabitants
0.04
2016
0.04
2014
Total number of new asylum applications
266
2016
288
2014
Refugee recognition rate
25.4
2014
Stateless persons
7,690
2018
8,138
2017
8,451
2016
7,038
2015
Total number of immigration detainees by year
Number of immigration detainees on a given day
Top nationalities of detainees
Number of persons granted alternatives to immigration detention
Number of detained asylum seekers
Total number of detained minors
Number of detained unaccompanied minors
Number of detained accompanied minors
Number of detained stateless persons
Number of apprehensions of non-citizens
Immigration detainees as a percentage of total international migrant population
Estimated total immigration detention capacity
Number of dedicated long-term immigration detention centres
Estimated capacity of dedicated long-term immigration detention centres
Number of dedicated medium-term immigration detention centres
Number of immigration offices
Number of transit facilities
Number of criminal facilities
Number of ad hoc facilities
Number of persons removed/returned (voluntary returns and deportations)
Number of deportations/forced returns only
Percentage of persons removed in relation to total number of people placed in removal procedures
Estimated number of undocumented migrants

SOCIO-ECONOMIC INDICATORS

Gross Domestic Product per capita (in USD)
25.15
2018
12,601
2014
Remittances to the country
855
2018
208
2014
Remittances from the country
1,000
2018
Unemployment Rate
2018
2014
Net official development assistance (ODA) (in millions USD)
88.4
2014
Human Development Index Ranking (UNDP)
56 (High)
2015
Unemployment rate amongst migrants
Detention for deterrence
Pew Global Attitudes Poll on Immigration
Immigration Index Score
World Bank Rule of Law Index
Domestic Opinion Polls on Immigration

DOMESTIC LAWS AND POLICIES

Legal tradition
Civil law
2017
Constitutional guarantees?
Yes (Constitution of Kazakhstan, Article 12(4): "4.Foreigners and stateless persons in the Republic shall enjoy rights and freedoms as well as bear responsibilities established for the citizens unless otherwise stipulated by the Constitution, laws and international treaties." Aricle 21 : "1. Everyone who has a legal right to stay on the territory of the Republic of Kazakhstan shall have the right to freely move about its territory and freely choose a place of residence except in cases stipulated by law. 2. Everyone shall have the right to leave the territory of the Republic. Citizens of the Republic shall have the right to freely return to the Republic.") 1995 2017
1995
Core pieces of national legislation
Code od Republic of Kazakhstan on administrative offences (2014) 2018
2014
Average length of detention
10
Additional legislation
Regulations, standards, guidelines
Immigration-status-related grounds
Non-immigration-status-related grounds providing for administrative detention in immigration legislation.
Does the country provide specific criminal penalties for immigration-related violations?
Grounds for criminal immigration-related detention/incarceration and maximum potential duration of incarceration
Has the country decriminalized immigration-related violations?
Maximum length for administrative immigration detention in law.
Longest recorded instance of immigration detention.
Maximum length of time in custody prior to issuance of a detention order
Maximum length of detention for asylum-seekers
Maximum length of detention for persons detained upon arrival at ports of entry
Provision of basic procedural standards
Types of non-custodial measures
Impact of alternatives
Is the detention of vulnerable persons provided in law? Are they detained in practice?
Mandatory detention
Expedited/fast track removal
Re-entry ban

INTERNATIONAL LAW

Individual complaints procedure
Acceptance Year
CAT, declaration under article 22 of the Convention 2008
2008
ICERD, declaration under article 14 of the Convention 2008
2008
ICCPR, First Optional Protocol to the International Covenant on Civil and Political Rights, 1966 2009
2009
CEDAW, Optional Protocol to the Convention on the Elimination of Discrimination against Women, 1999 2001
2001
Ratio of complaints procedures accepted
Observation Date
4/8
2017
Relevant recommendations of the UN Universal Periodic Review
Observation Date
No 2010
2017
No 2014
2017
Ratio of relevant international treaties ratified
International treaty reservations
Treaty bodies decisions on individual complaints
Relevant recommendations issued by treaty bodies
Regional legal instruments
Regional treaty reservations
Regional judicial decisions on individual complaints
Recommendations issued by regional human rights mechanisms
Bilateral/multilateral agreements linked to readmission
Visits by special procedures of the Human Rights Council
Relevant recommendations by UN Special Procedures

INSTITUTIONAL INDICATORS

Authorized monitoring institutions
Kazakhstan Commissioner for Human Rights (National Human Rights Institution (or Ombudsperson) (NHRI))
2016
Is the national human rights institution (NHRI) recognized as independent?
No
2016
Does NHRI have capacity to receive complaints?
Yes
2016
Federal or centralized governing system
Centralized or decentralized immigration authority
Custodial authority
Apprehending authorities
Detention Facility Management
Formally designated detention estate?
Types of detention facilities used in practice
Does NHRI carry out visits?
Does NHRI publicly release reports on immigration detention?
Does national preventive mechanism (NPM) carry out visits?
Does NPM have capacity to receive complaints?
Does NPM publicly release reports on immigration detention?
Do NGOs carry out visits?
NGO capacity to receive complaints?
Do NGOs publish reports on immigration detention?
Do parliamentary organs carry out visits?
Do parliamentary organs have capacity to receive complaints?
Do parliamentary organs publicly report on their detention findings?
Do internal inspection agencies (IIAs) carry out visits?
Do IIAs have capacity to receive complaints?
Do IIAs publicly report their findings from detention inspections?
Do international and/or regional bodies (IRBs) visit immigration-related detention facilities?
Do IRBs publicly report their findings from inspections?
Types of privatisation/outsourcing
Detention contractors and other non-state entities
Estimated annual budget for detention operations
Estimated annual budgets for particular detention-related activities
Estimated cost per detainees day (in USD)
Estimated annual budget for non-custodial measures (in USD)
Estimated costs of non-custodial measures (in USD)
Does the country receive external sources of funding?
Description of foreign assistance