Montenegro Releases Kazakh Rights Activist Smailova Awaiting Extradition Ruling

Dinara Smailova greets her husband, Almat Mukhamedzhanov, after her release at Montenegro's Higher Court in Podgorica on April 15.

Kazakh women's rights activist Dinara Smailova was released by Montenegro's Higher Court in Podgorica on April 15, a day after she was arrested in the coastal town of Budva at the request of Kazakh authorities.

The court ruled that she may remain free while the extradition case proceeds, but ordered the confiscation of her passport to prevent her from leaving the country.

Authorities in Podgorica said on April 14 that Smailova's arrest was carried out "in accordance with an order by the investigative judge of the Higher Court," pending a review of the extradition request.

She is the founder of NeMolchiKZ (Don’t Be Silent KZ), a leading advocacy group fighting domestic and sexual violence in Kazakhstan.

Smailova applied for asylum in Montenegro in October 2023 and the decision is expected in the following months, her lawyer Dalibor Tomovic said on April 15.

"The request for asylum was submitted before the Kazakh government submitted a request for her extradition and the detention. So in the case that she is extradited to Kazakhstan, the fear of persecution is justified."

After leaving the court in Podgorica, Smailova thanked the supporters of NeMolchiKZ.

"You've been supporting us for about nine years, and that led to a women's revolution in Kazakhstan, where both men and women support our fight against domestic violence. Don't give up," Smailova said.

In December 2023, a Kazakh court issued a warrant for Smailova's arrest on charges of fraud, violating privacy, and spreading false information -- allegations that could carry a prison sentence of up to 10 years.

Human Rights Watch had earlier described the charges as "dubious" and part of a broader campaign to discredit her activism.

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"Kazakh authorities appear to be on a fishing expedition, aggressively targeting Smailova in an effort to undermine her legitimate work defending victims of abuse," the group warned in February 2024.

Domestic violence remains a serious issue in Kazakhstan. According to local and international organizations, hundreds of women die every year as a result of domestic violence, and thousands more suffer abuse in silence due to societal stigma and institutional indifference.

In 2017, Kazakhstan decriminalized beatings and other acts causing "minor" physical harm, with the punishment reduced to an arrest, fine, or warning.

During a high-profile trial of a former government official who beat his wife to death, a law was introduced in April 2024 to close gaps in legal protections against domestic violence by criminalizing battery and intentional harm to health.

However, several human rights groups, including Smailova's organization, expressed concerns, saying the amendments do not go far enough.

Smailova's organization has provided critical support to survivors, including legal aid and public advocacy. Her outspoken criticism of the government's failure to protect women and children has drawn both praise and political backlash.

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Montenegro's Council for Civilian Oversight of Police Work had cautioned Interior Minister Danilo Saranovic that Smailova would face persecution if returned to Kazakhstan.

The council likened Kazakhstan's increasing pressure on human rights defenders to similar tactics used by the Russian government and stressed that extraditing Smailova would contradict Montenegro's commitment to protecting human dignity and democratic values.

Smailova and her husband, fellow rights activist Almat Mukhamezhanov, have lived in self-imposed exile for several years and moved to Montenegro in 2023.