International Foundation for Protection of Freedom of Speech «Adil Soz”

Violations of freedom of speech in Kazakhstan

June, 2014

(Digest)

International foundation for protection of freedom of speech “Adil Soz” has conducted survey of violation in the sphere of right to freedom of expression, receiving and dissemination of information in Kazakhstan, in June, 2014.

There was following information:

- Members of Majilis (Low Chamber) of Senate of Parliament of the Republic of Kazakhstan have adopted Criminal Code of the Republic of Kazakhstan. It was submitted to President of Kazakhstan to sign it.

- Civil community of Kazakhstan has applied for President of the Republic of Kazakhstan Nursultan Nazarbayev to put a veto upon adopted Criminal, Criminal and Procedural Codes and Code of Administrative Offences of the Republic of Kazakhstan.

- Journalist Saya Issa was found guilty in libel.

-Deputies of Karaganda Maslikhat charged journalist Sergey Perkhalskiy with slander with regard to a public officer.

- Under court decision of first instance, editor-in-chief of magazine “Anyz adam” Zharylkap Kalybai should recover KZT13000000 (1USD=182.04) to veterans of Great Patriotic War as moral damage compensation.

- Judicial decision on closure of newspaper «Assandi-Times» came into effect.

In June, 2014 media outlets and citizens dealt with one suit about protection of honour, dignity and business reputation.

Six judgments of earlier considered cases were rendered; 5 of them in appeal instance. 0 of them in favour of media outlets and citizens.

In general, since the start of the year media outlets and citizens in connection with exercise of right to freedom of expression, receiving and dissemination of information dealt with:

- 9 charges with libel and slander;

- 48 pre-trial complaints on protection of honour, dignity and business reputation (4 of them are – passed data) in the amount of KZT two hundred and eight millions and eight hundred and thousands.

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I.Changes of acting legislation on freedom of expression

June, 11

On June 11, 2014 Members of Majilis (Low Chamber) of Parliament of Kazakhstan have approved amendments and supplements which were made by Senate of Parliament to draft law of Criminal Code of the Republic of Kazakhstan. So, document was adopted by Parliament and it was also, submitted to the President of Kazakhstan, in order to sign it.

New Criminal Code of the Republic of Kazakhstan toughened responsibility for extremism and terrorism and also, provides criminalization of crimes which foster the spread of radical ideologies. There was an introduction of new forms which focused on fight against organised crime, including crimes in the sphere of information technologies.

New Criminal Code of the Republic of Kazakhstan provided strengthening of responsibility for spread of information of insulting or slanderous nature due to computer systems. Except for it, there was also, introduction of new article “Spread of misleading information” which provided punishment up to ten years of deprivation of liberty.

June, 11

The Coalition of NGOs has initiated collection of signatures under Appeal to the President of the Republic of Kazakhstan. They asked to put a veto upon adopted by Parliament of the Republic of Kazakhstan, Criminal, Criminal and Procedural Codes and discussed by members of Majilis (Low Chamber) of Parliament, Code of Administrative Offences of the Republic of Kazakhstan.

Representatives of the Civil Community of Kazakhstan have expressed their opinion. They thought, that these documents significantly restricted and prejudiced human rights; contravened to the Constitution of Kazakhstan and ratified international treaties.

So, application of articles in new Criminal Code and Code of Administrative Offences aimed at public associations, it contravened to the Constitution of the Republic of Kazakhstan and would enable to suppression of some critisism, toward Kazakhstan.

Articles of code, concernig the freedom of conscience, personal liberty and etc. violated constitutional rights of citizens.

In regard to freedom of speech and creativity which were guaranteed by Constitution of the Republic of Kazakhstan, Criminal Code had enlarged authority and maintenance of sanction up to three years of deprivation of liberty for libel; presence of exceptional protection of non-property rights of high-ranked state officials. There was also, introduction of new article “Spread of misleading information” which provided the punishment up to ten years of deprivation of liberty; it did not exclude bringing to responsibility for spread of opinions, viewes, convictions and suppositions.

The Code of Administrative Offences of the Republic of Kazakhstan had all unreasonable sanctions, like suspension and closure of media for technical wrongdoings.

This appeal was signed by more 130 citizens and non-governmental organizations of Kazakhstan.

June, 18

All Media Outlets

On June 18, 2014 Members of Majilis (Low Chamber) of Parliament of the Republic of Kazakhstan have passed a draft of Code of Administrative Offences of the Republic of Kazakhstan and also, package of follow-up amendments to a draft law “On Amendments and Supplements into Some Legislative Acts of the Republic of Kazakhstan of Legislation on Administrative Offences”

This document was submitted to Senate of Parliament.

June, 09

In May, 2014 law№ 200-V “On Introduction of Amendments and Supplements into Some Legislative Acts of the Republic of Kazakhstan” came into effect. It gave an opportunity for General Prosecutor's Office to suspend functioning of Internet-resources and mobile communication without court decision.

Due to the fact that pre-trial suspension of media has been contrary to two laws in force. There were two laws “On Mass Media” and “On Information”, according to two laws suspension and termination of media publication has been probable only upon judgment or decision of owner; Internet-portal zakon.kz has applied for explanation to the General Prosecutor's Office.

In its response on this letter, General Prosecutor's Office informed, that law “On Mass Media”, based on Constitution of the Republic of Kazakhstan and it had, also law “On Mass Media” and other normative legal acts of the Republic of Kazakhstan contrariety taken a place, because law “On Communication” had some or other issues on spread of media outputs (hereafter- Media) over/ with usage of communication tools and nets, but General Prosecutor's Office did not discovered it.

II. Violations of rights of journalists and media outlets

1. Attacks

June, 04

Tatiyana Kovaleva, 365info.kz (Almaty)

The producer of information portal 365info.kz Dmitriy Batsiev said to representatives of news agency KazTAG, that correspondent of website Tatiyana Kovaleva was attacked in Donetsk (Ukraine). In her turn, Tatiyana has explained, that she had been accreditied in the building of former oblast board of Donetsk Republic. When journalist shot city streets, sacks, fortifications, two men run up to her. One of them damaged viewfinder of camera and the second one attempted to take a video camera by force.

2. Threats

June, 06

Olga Zorina, «Novoye Pokolenie» (Shymkent)

Unknown men called to mobile phone of journalist of newspaper «Novoye Pokolenie» (Shymkent) Olga Zorina. They demanded, that she did not rise an issue on restoration of monument of architecture – palace “Metallurg” in Shymkent. They also came up to her house and proposed he to solve this problem peacefully, otherwise she would face to some troubles. In spite of threats to her, she continued to cover and rise an issue on on restoration of monument of architecture – palace “Metallurg” in Shymkent.

3. Interference to legal professional activity

June, 06

Marina Nizovkina, Bek Abiev, Eugene Sergienko, Television Channel «KTK» (Zhetysai South Kazakhstan oblast)

The film crew of television channel «KTK» (Zhetysai South Kazakhstan oblast) correspondents Marina Nizovkina, Bek Abiev and camera man Eugene Sergienko attended bus station of Zhetysai, Makhtaaralsk district of South Kazakhstan oblast. They shot some video materials for reportage about adversarial position of two domestic bus stations. When Eugene Sergienko tried to shoot the process, when bus passengers were pushed into buspractically by force; an employee of bus station set at him and forbade him to shoot. He closed an objective of video camera by hand and pushed camera man. After that, journalists explained to man, that they have been on territory of bus station (in particular, it has not been private territory) and they had right to make a video; he calmed down. The film crew continued shooting.

June, 13

Olga Likhogray, Nurgeldy Dusenov, «Nasha Gazeta» (Kostanay)

Inna Pedan, «Kostanayskie Novosti» (Kostanay)

The officer of security service under akimat (district administration) of Kostanay did not allow correspondents of weekly «Nasha Gazeta» (Kostanay)Olga Likhogray and Nurgeldy Dusenov to attend session, where, according to inside information, appointment of new akim (governor) of one of enters of Kostanay oblast should take the place.The officer of security service said, that he had an order not to allow correspondents of weekly «Nasha Gazeta» (Kostanay)Olga Likhogray and Nurgeldy Dusenov to attend session, but he did not explain, who made this order. Olga Likhogray has addressed to akim (governor) of Kostanay and his deputy, after that they could go inside.

The session was launched; correspondent of newspaper «Kostanayskie Novosti» (Kostanay)Inna Pedan has attempted to enter into room with great difficulty. The officer of security service under akimat (district administration) of Kostanay said, that they had special permit. Only, camera men of two local television channels had to make footage leave room.

June, 19

Media Outlets (Taraz)

A suspect for murder (in particular, it was commited eight years ago), has been in isolation ward SI-13 of Taraz. He attempted to apply for media outlets of Taraz with the help of his lawyer. The man stated, that policemen made him to cough, that he did not commit and he refused to testify.

Journalists of republican television channels “KTK”, “31 Channel”, «Astana” and oblast television “Kazakhstan-Taraz” tried to meet with him in isolation ward, but security of isolation ward did not allow them to go farther, they should stand near gates of isolation ward. Then, they asked to invite someone from administration of isolation ward and failed to do it. Security of isolation ward did not allow even relatives to go to this man. They explained , that there was a meeting in SI-13 and short of electricity there.

Specialists of Committee of Criminal and Correction System (Zhambyl Oblast), whom media outlets addressed and asked to explain the situation; they had no any relation to this isolation ward.

4. Censorship

June, 23

Media Outlets (East Kazakhstan Oblast)

The President of the Republic of Kazakhstan Nursultan Nazarbayev has visited East Kazakhstan Oblast on June 23, 2014. According to electronic mail, regional information center informed to media outlets: the goal of presidential visit-is an introduction with industrial and innovation development of oblast. The Information Regional Center had press release with following materials about objects which President of the Republic of Kazakhstan Nursultan Nazarbayev intended to attend.

Some times later, electronic media of editions obtained information from Information Center. It was impossible to publish information from press release on visit of the President of Kazakhstan Nursultan Nazarbayev. If this information was placed on websites it should be removed. Later, workers of Information Center informed, that press releases were sent to media outlets only for introduction, but not for publication.

5. Violation of right to freedom of expression

June, 30

«Gorodskaya Nedelya», «Nasha Zhizn», «Novoye Vremya» (Pavlodar)

On June 30, 2014 there were public hearings in Maysk district of Pavlodar oblast. It was connected with cession of land into agriculture of lands of Semipalatinsk Nuclear Test Site. In the village Zhumysker journalists of newspapers Alexander Baranov«Gorodskaya Nedelya», Irene Adylkanova «Nasha Zhizn» and Anna Uralova addressed to countrymen, who listened report of representative of National Nuclear Center of Kazakhstan and adoption of resolution to maintain cession of land of polygon from category of reserve into category of lands of agriculture. Journalists asked some questions, concerning necessity in land of Maysk district and fear of radiation pollution of polygon lands. Journalists failed to receive response on their questions, because representatives of rural and district administration came up to them and forbade them to answer on questions of media outlets.

6. Abuses of labour rights of journalists

June, 30

Indira Kereeva, Ardak Erubaeva, «Kerek Info» (Aktobe)

On the eve of Day Communication and Information akim (governor) of Aktobe and akim (governor) of Aktobe oblast have awarded some regional media workers and journalists, including media workers and journalists of newspaper "Kerek Info" for good job.

The journalist of newspaper Indira Kereeva got a cash bonus in the amount of KZT100000 (1USD=183.52) from akim (governor) of Aktobe oblast, Ardak Erubaeva got a cash bonus in the amount of KZT50000 (1USD=183.52) from akim (governor) of Aktobe. But, staff of newspaper "Kerek Info" demanded, that they had to check their bonuses to cash desk of editorial office upon pain of dismissal. Indira Kereeva did not give back her bonus, she spent it; Ardak Erubaeva gave back only KZT20000, but she did not receive any receiving reports from account department in hands.

Colleagues of Ardak have told about this situation on their page in Facebook. Ardak could get KZT20000 back.

Later, editor of the newspaper "Kerek Info" Samal Abdrakhmanova said to Ardak Erubaeva, that journalists would not be dismissed. They have been under the control of staff of newspaper.

III.Violations of right to access to information

1. Dismissals, restrictions and violation of terms of providing of information

In June, 2014 18 cases of dismissals, restrictions in access to information and violations of terms of providing of information were registered. It included:

June, 03

Television Channel «Kazakhstan-Pavlodar» (Pavlodar)

On June 03, 2014 correspondent of television and radio channel «Kazakhstan-Pavlodar» (Pavlodar) Bolat Amanbayev has addressed to the Press Service of Prosecutor's Office (Pavlodar Oblast). He asked to inform about situation and taken measures with regard to policemen of Uspensk District Department of Internal Affairs of Department of Internal Affairs (Pavlodar oblast), who violated borders of the Republic of Kazakhstan and Russian Federation. Representatives of the Press Service of Prosecutor's Office refused to comment this situation.

June, 05

Media Outlets (Shymkent)

Correspondents of republican media outlets (South Kazakhstan oblast) have receieved the following information. On May 31, 2014 deputy for akim (governor) of Saryagash district and some employees of district akimat (district administration) were arrested. Journalists addressed to the Press Secretary of Department for Economic and Corruption-Related Crime Control (South Kazakhstan Oblast) Elvira Kadyrsizova. She refused to reply on questions of journalists, because her staff did not permit her to do it.