This week The Tombirlan Ysebek trial – The founder of the Qaznews24 satirical Instagram account – started after being postponed twice. Yensebek was Detainee in January and accused of incentive to interethnic discord under article 174 of the Kazakh penal code. The criminalized material was its use of the “Yo, Orystar” rap piece (Kazakh for “Yo, Russians”) in a January 2024 position entitled “Kazakhstani rappers recorded a severe response to Tina Kandelaki”.
The case addresses several questions of intersection, of the delicate balance that Astana seeks to maintain in her relationship with Moscow, to the risky tides of nationalism, to the basic question of freedom of expression. Aside from the larger themes, it starts with an insulting Russian and ends with a Kazakh man in court to insult the Russians.
An insulting Russian, insulted
Kandelaki, Russian television presenter and deputy director general of Gazprom-Media, made provocative statements in January 2024 on Kazakhstan in reaction to the fame of several stations in the country. Stations, some with totally Russian names like “Railway Siding No. 13”, received real names that were in Kazakh, like “Akshi Railway Siding”. UALSK had to be renamed oral, an exchange of the Russian name of the city (and the station) by the Kazakh version.
Few things trigger a storm of fire in the former Soviet Union such as linguistic policy. Kandelaki took Telegram to complain. “In Kazakhstan, the Russian language is slowly but surely pushed to the level of the state,” she said. Kandelaki described this as “dangerous trend”, saying that in the Baltics “it all started small, then turned into a real snowball: the Russian schools were closed, the Soviet monuments were withdrawn, the Russian language was prohibited and, finally, the retirees were expelled in the cold.”
This is part of a broader account of the supposed oppression of the ethnic Russians, than Russian commentators – and the Russian president Vladimir Putin – used to justify the invasion of Ukraine by Moscow.
The Kazakh Ministry of Foreign Affairs reacted quickly, announcement that he had prevented Kandelaki from entering Kazakhstan. The spokesman for the Ministry of Foreign Affairs, Aibek Smadiyarov, explained: “If you do not like someone, you do not let them enter your home. We will do the same … the state never forgives such things. She will not come to Kazakhstan, and if she does not do so, she will not enter. ”
The satirist
And here we arrive in Ysebek.
As indicated by Vlast.kzWho closely follows the trial, the accusation alleys that on January 21, 2024, Yensebek published an article on his satirical Instagram Qaznews24, “with the aim of insulting the national honor and dignity of the citizens of Russian nationality”.
At the time, Qaznews24 had just over 34,000 subscribers.
Yensebek joined the Oyan movement, Qazaqstan in 2020 and founded Qaznews24 – inspired by A Russian satirical publication called Panorama – in April 2021. Although his posts were clearly satirical in nature, a month, Yensebek was accused by the authorities of the authorities of the authorities Divide the disinformation and the “false news”. Ysebek’s home was searched and was put into criminal investigation. Factcheck.kz launched an open call – under the slogan “Satire is not a crime” – which was supported by various human rights organizations.
Search for Humans Asia Mihra Rittmann views wrote a dispatch In conclusion: “The authorities can try to send the message that satire has no place in Kazakhstan, but all they have shown is that they cannot take a joke.”
In December 2021, while Yensebek was still the subject of an investigation, it was revealed that his mobile phone had been infected with PEGASUS spy software.
In 2022, the disinformation affair was abandoned by Almaty police.
Then, in January 2025, Ysebek’s house was again excavated. He was arrested and accused of incentive to hatred against the Russians.
An old problematic rap
The Post of Qaznews24 which accompanies it – entitled “Kazakhstani Rappers recorded a severe response to Tina Kandelaki” – The prosecution accused Yensebek of using “a musical composition which expresses openly provocateurs of interethnic nationality. The lyrics of the song contain an obscene language led by the representatives of the Russian national ”.
Quoting “Medico-Legal psychological examination”-that is to say an “expert” without humor listening to the track-the accusation declared that the content “contains signs of insult to the national honor and the dignity of representatives of Russian nationality”, and this justifies the accusation of incitement to hatred under article 174.
As Orda.kz reportedThe song “Yo, Orystar” is old. No one knows precisely who created it, but it seems to have come from the early 2000s, given references on the track to a 2005 Uzbek film.
“The composition does not have artistic sense. It contains many obscenities and insults addressed to the Russians and the Uzbeks, which makes it practically impossible to recite it, because the track will turn into a continuous grinding of three minutes,” wrote Orda.kz.
In court, Yensebek said he hadn’t taken the song seriously, that no one did. “”[H]Ow can you take a stupid rap seriously which consists in swearing? Because this song is absurd, no one took it seriously. »»
Yensebek said in his testimony that he heard the song in 2022 because she was shared as a hymn of protest against the Russian invasion of Ukraine.
“In 2022 and 2023, this song was heard everywhere, and no one was prosecuted,” he said, responding to the prosecutor who noted that the song did not concern Ukraine and that a separate criminal case had been launched against the creator (who is unknown.
To defend satire and its local roots, Yensebek note Historically, aies – An improvised oral poetry competition between two singers – has elements of what we call in the rap and satire of the modern era.
“The same Aitys is also a kind of satire, when the Aieskers, playing the Dombra, could ridicule a bay, a sultan or an unjust Biy who made an unfair decision in court, they ridiculed the unjust, dishonest and corrupt government. I continued the same Kazakh tradition, but in the form of journalism, “he said.
Hatred or pretext?
During his testimony of April 10, Yénsebek was asked if he had hostility towards the ethnic Russians.
He pointed out that his girlfriend is an ethnic Russian in the city in the northeast of Oskemen Kazakh (or UST-Kamenogorsk, in Russian).
“All that is written in the indictment is nonsense,” said Yensebek, noting that he has many Russian friends.
Ysebek’s girlfriend, Maria Kochnevawas submitted to an administrative arrest of 10 days in July 2024 after playing during a rap-freeestyle event in Almaty. What song did she play, ask yourself? “Yo, Orystar” of course. She was accused of small hooliganism and the use of public blasphemies, but not incitement to hatred.
Ysebek’s lawyer, Zhanara Balgabayeva, told the committee to protect journalists (CPJ) that the accusations against his client were “only a pretext” at Ysebek prison. The incriminated position was clearly marked because the satire and Yensebek do not increase the song or interpreted the song, which, according to her, was not prohibited.
The supporters of Ysebek argued that the case against him is not only ridiculous, but that it is A selective use of the law To punish a government critic. Protesting supporters against the trial and Staging “satire is not a crime” stages were detained. The trial is also held in a would have Tiny runs, which means that it is “open”, very few were able to attend. Even Yensebek is not present in court, instead of being made to testify via a video link.
Supporters outside the court sung “Ashiq Sot!” (“Open short!”)
If he is convicted, Yensebek could be subject to a prison sentence at the seven years.