Laws written in blood: How Kazakhstan’s ex-minister’s murder trial spurred new domestic violence law
Written by Aleksandra Bulatova
Photo under creative license
Content warning: This article contains graphic descriptions of violence
One of the most attention-grabbing criminal trials of recent times took place in Kazakhstan in early 2024, following the atrocious murder of Saltanat Nukenova by her husband Kuandyk Bishimbayev, a former Minister of Economy. The trial, which was widely live-streamed, having attracted millions of viewers online, drew attention to the systematic issue of domestic violence in Kazakhstan. Such a high-profile case in a country that demonstrates high levels of corruption, along with a traditional outlook that often justifies gender-based violence by victim-blaming and not accommodating women’s voices, is a significant challenge to long-standing patriarchal norms both within the judiciary and in the day-to-day lives of Kazakh women.
The crime and punishment of Kazakhstan’s former minister
In November 2023, Nukenova’s body was found in one of the elite restaurants of Astana, where Bishimbayev beat her to death. During the trial, prosecutors took several minutes just to list all the injuries she suffered. The results of an examination indicated that the injuries occurred 6–14 hours before death, leading the court to believe that Nukenova had been beaten for about eight hours. Visitors to the restaurant had not been able to step in, since the murderous beatings took place in the VIP area of the establishment, and employees did not dare to intervene because Bishimbayev’s brother is the owner.
According to the prosecutor, a drunken Bishimbayev beat his wife over the head with his fists, and kicked her. After several unsuccessful attempts to escape the restaurant or hide from her perpetrator, Nukenova lost consciousness as Bishimbayev was choking her. The prosecutor also emphasised that Nukenova was dying for several hours, while her husband tried to cover up the crime and called a clairvoyant instead of an ambulance. A few hours later, the director of the establishment saw that the woman was dead.
Kazakhstanis were outraged by Bishimbayev’s testimony, in which he explicitly blamed Nukenova’s relatives for “raising her poorly”, claiming she became “nervous, anxious, aggressive and rude” to justify his actions. Bishimbayev said that he loved her and repeated that he did not consider himself guilty of premeditated murder. He also accused his wife’s relatives of distorting the facts and called their words an “active PR campaign.” At the court hearing, he smiled and laughed.
During the interrogation, Bishimbayev asked Nukenova’s relatives for forgiveness. He said that he considered himself “involved in the murder” but did not plead guilty: “There was no intent and there was no particular cruelty,” he said.
His words infuriated Nukenova’s mother, who replied, “I could not see my child’s face, you had been murdering my daughter for eight hours! How can you say that?”
The сourt sentenced Bishimbayev to 24 years in prison for murder with extreme cruelty, and torture. He was initially sentenced for 27 years, however, the sentence was decreased, taking into account that he has underage children. The court recognised the danger of recidivism as Bishimbaev had beaten Nukenova before, and cited alcohol intoxication as an aggravating circumstance.
On the day the verdict was announced, protests took place in Kazakhstan. Activists from the feminist organisation “Feminita” picketed the center of Almaty, demanding life imprisonment for Bishimbayev.
Despite the demands for a harsher punishment, the final sentence cannot be considered too lenient. The court proceedings and their outcome prove that transparency and a loud public discourse can ensure justice, and create a substantial change in a corrupt system.
Kuandyk Bishimbayev: From the president’s favourite to prison conviction
At the age of 26, Bishimbayev earned his PhD in economics, then became deputy minister of trade and economic development, and then assistant to then-president Nursultan Nazarbayev. His dramatic rise has been widely discussed by the Kazakh press. According to human rights activist Moldir Alban, Bishimbayev was “the ex-president’s favorite. He was constantly shown on television as ‘the youngest minister,’ that is, he always stood out from the general background”.
From May to December 2016, Bishimbayev was the Minister of National Economy until he was convicted of corruption and sentenced to 10 years in prison. However, after a year and a half, he was released by Nazarbayev himself.
Despite his undoubted privilege, it is unlikely that Bishimbayev can rely on any loopholes in the system this time. Thanks to public outrage, thousands of online discussions, viral TikToks and the actions of human rights organisations in Kazakhstan, this case will not be forgotten, nor will the perpetrator be forgiven. It has already become a valuable lesson for the privileged hoping to escape legal consequences, as well as leading to a crucial step towards protecting women from gender-based violence.
The future of justice for domestic violence survivors
At the same time as the court proceedings were taking place, current president Kassym-Jomart Tokayev signed a new law introducing tougher penalties for “battery” and “intentional infliction of light bodily harm” committed against “an individual in a helpless condition or financially or otherwise dependent on the perpetrator”. Moreover, the law obligates the police to investigate such cases even without an official complaint from a survivor, and eliminates the opportunity for the parties to seek “reconciliation”.
While the amendments show progress towards ensuring access to justice and support for the survivors, it is not all-encompassing, and the effective implementation of the new legislation is also an issue. According to Almat Mukhamedjanov, the head of the #NeMolchi Foundation that provides help to victims of violence, acts like stalking, bullying and psychological violence are overlooked, making the legislation not comprehensive enough.
Another improvement suggested by experts is criminalising marital rape. Currently, the definition of rape is limited to the act that involves physical injury. It fails to recognise the lack of consent that often complicates providing evidence of rape committed by an intimate partner. Lack of education and societal traditions cause law enforcement authorities to believe that sex is a “marital duty”, leaving women vulnerable to abuse from their partners.
According to UN Women, 17% of women in Kazakhstan have experienced physical or sexual violence in their lifetime. Corruption and nepotism are factors that contribute to gender-based violence and lack of accountability for these crimes. Bribery is widely practiced, especially in judicial and law enforcement systems. According to Margarita Uskembayeva, an expert on gender equality, “Abusers just buy off the police and doctors. Everything is for sale here, including male solidarity”. This has led to a decrease in the population’s trust in state institutions. It is widely believed that if an offender has relatives working in the police force, they will likely evade prosecution.
To eradicate domestic violence, more cohesive measures are to be taken to address these systemic flaws in law enforcement, the judiciary and public education. The case of Saltanat Nukenova’s murder has driven a crucial step in that direction, however, the newly introduced amendments to the law are still not effective enough to claim that the issue of domestic violence is being solved properly. The court decision was influenced by the public uproar, the protests and the hard work of activists. This demonstrates that the power of solidarity can override long-lasting systemic injustices and a history of harmful practices.
This story was produced as part of ‘How to write for impact’, a mentorship programme created by NADJA Media for members of Politics4Her. To find out more email hello@nadja.co
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