Source: La Libre by Maryam Benayad – Journalist, Belgium Desk
A hearing took place on December 18, 2024, in Brussels. Botagoz Jardemalie accuses at least one individual of harassment and espionage on behalf of the Kazakh regime. The verdict was delivered on January 30.
On January 30, the 43rd chamber of the Court of First Instance rendered its judgment in the so-called “Botagoz Jardemalie case,” named after this lawyer and opponent of the Kazakh regime. The young woman has been living in Belgium since 2013 as a political refugee. But since at least 2017, she has been reporting harassment and espionage, likely from Kazakh authorities.
In a judgment rendered a few days ago, which La Libre was able to consult, the court ruled in favor of the Kazakh lawyer and sentenced the perpetrator of harassment and espionage to a six-month prison term in absentia, as the individual in question was not present at the trial.
The court also acknowledged that Botagoz Jardemalie and her family had been subjected to “threats and pressures from foreign states, including Kazakhstan.” The judgment added: “The court can only express concern about the use of GPS trackers and other technical means outside any legal framework, as the defendant’s statements about his mission appear particularly sanitized.”
“Shortcomings in the Investigation”
The court’s decision is far from lenient regarding how the investigations were conducted in Belgium, repeatedly highlighting “shortcomings in the investigation.” It suggests that “no serious investigation” was “conducted by the investigating magistrate into the personality and mission of the defendant.”
In civil proceedings, despite a request for compensation for the damages suffered, Botagoz Jardemalie was awarded one euro. The reason cited was the impossibility of measuring the extent of the moral damages suffered, even if they were acknowledged by the court.
“We are pleased because the summary of facts demonstrates that our client was indeed a victim of harassment and espionage on multiple occasions since 2014,” commented Me Dounia Alamat, one of Botagoz Jardemalie’s legal counsels. “The infraction period has also been extended. Not as much as we wanted, but it is longer than initially considered, and we are pleased with this aspect as well. We regret the compensation set at one euro, but in reality, what is fundamental for Ms. Jardemalie is that the justice of the country where she found refuge recognizes that she is subject to transnational repression.”
Spied on From the Neighboring Apartment
The story experienced by Botagoz Jardemalie is worthy of a spy movie. The young woman worked in Kazakhstan before defending many political opponents in exile and eventually becoming an activist herself. This fight inevitably earned her the hostility of the Kazakh authorities.
She also worked for a bank linked to the Kazakh authorities, a position she left once she established the connections with the regime. She then fled to Belgium. But for her, this was just the beginning of a judicial saga that La Libre has recounted several times, including in January 2024.
Even back then, the lawyer claimed to be harassed and spied on by individuals who did not hesitate to rent the apartment across from hers to watch her day and night. She also reported being a victim of cyberattacks.
When she learned in July 2017 through her sports instructor that individuals were showing interest in her by asking numerous questions, Botagoz Jardemalie—who was already constantly on guard—began to monitor even more closely any vehicle she considered suspicious.
She took photos of some of the cars whose drivers seemed suspicious to her. She then filed a complaint for harassment.
Over 181,000 Photos Found
The federal prosecutor’s office then took up the case. An investigation was opened, and in November 2017, an individual was arrested. He was not very forthcoming. Without giving details, he told investigators that he had been working for two years as a surveillance agent for a firm specializing in investigations and research. A former soldier, the man had been tasked for “four or five months” with a mission to monitor a lawyer of Kazakh origin. His “target” (or “cible” in French): a certain B. J.
The man was released, but his phone was seized. More than 181,000 photos concerning Botagoz Jardemalie were found. Other evidence showed that she was indeed being monitored from a residence located directly across from her home in Brussels.
