We express our deep concern regarding the ongoing cooperation between Belgium and Kazakhstan in relation to mutual legal assistance (MLA) requests involving Bota Jardemalie, a lawyer, human rights defender, and member of the Leadership Council of the World Liberty Congress. Jardemalie has a long history of defending Kazakhstani opposition members, political activists, and victims of torture. She was granted political asylum in Belgium in 2013. In light of the politically motivated nature of her case, we urge the Ministry of Justice of Belgium to immediately cease any ongoing cooperation on these MLA requests and to reject any outstanding requests made by Kazakhstan related to Jardemalie’s case.
Our position and recommendations are presented in the statement and detailed report initiated by the Open Dialogue Foundation and Kazakhstani human rights defenders, victims of torture, and former political prisoners, and co-signed by prominent human rights defenders and opposition leaders of the World Liberty Congress from around the globe, including Oleksandra Matviichuk (Nobel Peace Prize Laureate 2022, Ukraine), Masih Alinejad (Iran), Leopoldo Lopez (Venezuela), Garry Kasparov (Russia), and Carmen Lau (Hong Kong). The report addresses the ongoing transnational repression of Bota Jardemalie, orchestrated by the Kazakhstani regime and its proxies in Western countries.
Bota Jardemalie has faced numerous forms of transnational repression by the Kazakhstani regime. Despite her asylum status in Belgium, Kazakhstan has relentlessly pursued her through a series of abusive legal and extrajudicial tactics, including attempts to extradite her, illegal surveillance, and even a foiled kidnapping plot in Belgium. Bota Jardemalie has also been subjected to hacking, smear campaigns, and strategic lawsuits against public participation (SLAPP), all intended to undermine her human rights work and silence her advocacy.
Her family has also been targeted; her brother was arrested and tortured in Kazakhstan as part of an effort to pressure her into returning. The UN Working Group on Arbitrary Detention recognized that his persecution and detention violated international law. Nevertheless, Kazakhstan sent an MLA request to Belgium, asking Belgian authorities to seize all of Jardemalie’s files and devices and transmit them to Kazakhstan in connection with the same criminal case under which her brother was arbitrarily detained and tortured.
Thanks to the efforts of EU and US politicians, and the UN Working Group on Arbitrary Detention’s decision, Jardemalie’s brother was released and granted asylum in Switzerland. However, Belgium continues to cooperate with Kazakhstan on this MLA request matter.
We strongly urge Belgium to consider this critical issue and take immediate steps to protect human rights defender Bota Jardemalie, ensuring that Belgian and Western legal systems are not manipulated by authoritarian regimes for the purpose of transnational repression.