of violations of freedom of speech in kazakhstan (digest)...2. threats to citizens, journalists and...
TRANSCRIPT
Monitoringof violations of freedom of speech in Kazakhstan
in December, 2012 (Digest)
In December, 2012 monitoring of violations of freedom of speech of foundation “Adil Soz” has registered 83 reports. There were:-Suspected in attack on journalist from Uralsk Lukpan Akhmedyarov were detained. -District courts of Almaty have satisfied suits of Public Prosecutor of Almaty on closure of over 40 independent media outlets.-Petropavlovsk City Court has sentenced editor of news agency “Kazakh-Zerno” Sergey Bukatov to one year of imprisonment.-District Court of Almaty has suspended functioning of the website www.guljan.org for three months.
In general, since the start of 2012, 17 criminal charges were brought and 88 claims and suits were made in the amount of four milliards, four hundred and forty two millions and two hundred thousands tenge to media outlets and citizens in connection with fulfillment of the right to freedom of expression, obtaining and distribution of information.
I. Violations of media rights and journalists
1. Attacks on journalists and mass media
December, 21Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk)
The Judge of City Court Galymzhan Ischanov said that four men were taken into custody on December 21, 2012 at press conference in Uralsk. They were detained on suspision of attack on journalist of the newspaper "Uralskaya Nedelya" Lukpan Akhmedyarov. Three of them have been inhabitants of adjacent villages and the last one have been from Uralsk. At present time, he is instituted by other criminal proceeding.They have been twenty four and twenty six years old. One of them has given confessions.
The other information in interests of the investigative process was not distributed.
The journalist of newspaper "Uralskaya Nedelya" Lukpan Akhmedyarov was wounded seriously in the evening outside his home on April 20, 2012. L. Akhmedyarov was attacked by at least five unidentified men, who shot him from air gun and he had stab wounds.
On May 10, 2012 four inhabitants of West Kazakhstan Oblast were detained. They were suspected in committment of attack on journalist of newspaper "Uralskaya Nedelya" Lukpan Akhmedyarov. They were Rauan Shyntasov and Sabirzhan Tairov were arrested, the other ones were released under the written pledge not to leave the town. At present time, criminal case, related to attack on journalist, it was terminated owing to the absence of elements of a crime.
December, 25Mira Suleymenova, Eugene Pedure, Television Channel “31 Kanal” (Shymkent)
The correspondent of television channel “31 Kanal” (Shymkent)Mira Suleymenova was attacked by police officers of Sayram District Department of Internal Affairs during video shooting of review on crash of military transport airplane AN-72 near Shymkent. She said that policemen hit her in chest. As a result of it Mira was fallen down on the ground. Suleymenova was surprised, because policemen did not even warn them. The correspondent of television channel “31 Kanal” (Shymkent)Mira Suleymenova and camera man Eugene Pedure, they attempted to leave the place of accident quickly, but policemen followed them. They have thrown police officers off hardly.
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2. Threats to citizens, journalists and media outlets
December, 11Diana Okremova, PF “Legal Media Center” (Astana)«Nasha Gazeta” (Kostanay)
On December 11, 2012 the Director of Public Foundation “Legal Media-Center” Diana Okremova has posted on the website of Kostanay weekly«Nasha Gazeta” (Kostanay) her opinion “One more court decision and opposition media will be put an end”, concerning prosecution of opposition media outlets in Kazakhstan. At the same day one of the commentators under nick “Response for Diana” has posted the following:”Diana, such persons as you should be over barbed wire. Kostanay weekly«Nasha Gazeta” becomes cheeky every day. It publishes only negative information. He promised to shoot them if something will happen in the society.
3. Interference to legal professional activity of journalists
December, 19Kazis Toguzbayev, Radio “Azattyk” (“Freedom”) (Almaty)
On December 19, 2012 during searching of the editorial office of newspaper “Golos Respubliki” CNS-agents, interferring to shooting, they broke a photo camera of reporter of radio“Azattyk” (“Freedom”) (Almaty) Kazis Toguzbayev.
December, 25Bekzhigit Maulenov, Eugene Sergienko, Television Channel “KTK” (Shymkent, South
Kazakhstan Oblast)
Policemen have forbidden film crew of the television channel“KTK” (Shymkent, South Kazakhstan Oblast) Bekzhigit Maulenov and camera man Eugene Sergienko to shoot a plane crash in South Kazakhstan (in particular, it was happened 20 kilometers from airport of Shymkent). When policemen saw a film crew, they demanded to stop the shooting and behaved themselves aggressively. First of all, they attempted to take a video cassette but all their attempts were failed, policemen began to take a video camera from camera man. Policemen have pinioned his arms. As a result of it film crew should leave the place pf plane crash and they could continue their shooting for some kilometers from there.
5.Groundless dismissal and violation of terms of providing of information of public interest
13 reports were recorded, including:
December, 03Natalia Tishkovets, “Moy Gorod” (Ust-Kamenogorsk)
The correspondent of newspaper“Moy Gorod”(Ust-Kamenogorsk)Natalia Tishkovets during preparation of materials for column “Feedback” she addressed to Department of Civil Defence of Emergency Agency of East Kazakhstan Oblast. Natalia Tishkovets was interested in number of bomb shelters in Ust-Kamenogorsk and its use. Department of Civil Defence of Emergency Agency of East Kazakhstan Oblast informed that the information on number and places of location of bomb shelters in Ust-Kamenogorsk has been state secret.
December, 05Olga Goray, “Nasha Gazeta” (Kostanay)
On November 23, 2012 correspondent of weekly“Nasha Gazeta” (Kostanay)Olga Goray has sent a letter-request to the Department of Housing and Public Utilities of Passenger Transport and Automobile Roads (Kostanay), concerning results of acceptance of applications from young
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families, according to program “Affordable Housing”. Journalist called there several times, but representatives of department said that this letter-request was considered by executor, they gave his telephone number. During a working day, none has responsed. On December 05, 2012, journalist has made the most last telephone call to department, but they promised to journalist that the executor would be informed.
December, 19Timur Karimov, “Aviatrek-Region” (Karaganda)
The correspondent of weekly newspaper “Aviatrek-Region” (Karaganda)Timur Karimov has made a review on rape of small four years-old girl (in particular, she was raped by unemployment person). The Department of Internal Affairs has provided this material from information summary of incidents. For details, journalist has contacted with the Head of Press Service of DIA (Karaganda Oblast) Zhatay Sembekov. Sembekov had been spoke with asperity that he did not hear anything about this case after that he hanged up the receiver.
December, 20Alexander Baranov, «Gorodskaya Nedelya” (Pavlodar)
On December 20, 2012 during last session of Maslikhat (Pavlodar) deputies awarded titles «Honorary Citizen of Pavlodar” to another group of fellow-townsmen, including majilisman, senator and former head of Academy of Committee of National Security. So long as all nominees were coordinated and submitted to Maslikhat with Commisssion which awarded titles «Honorary Citizen of Pavlodar”, correspondent of the newspaper «Gorodskaya Nedelya” (Pavlodar)Alexander Baranov has contacted with the Chairman of Commission, Deputy for Akim (Governor) Aiym Kanafina, he asked her to tell about services of majilisman, senator and former head of Academy of Committee of National Security, who live regularly in Almaty and Astana, they were awarded by commission. Aiym Kanafina has denied to reply on ths question.
December, 22Alexandra Alekhova, «Vremya” (Almaty)
The correspondent of newspaper«Vremya” (Almaty)Alexandra Alekhova attempted to receive responses from staff of State Pension Savings Fund. She was interested in purchase of four cars in the amount of KZT6000000. Alexandra Alekhova has received this information from website of state purchases. The autoresponder responsed by telephone which posted on the website of State Pension Savings Fund. A week later, majilismen have made deputy inquiry about application of funds to Chairman of National Bank.
Alexandra Alekhova has phoned to advertising department of pension fund, she knew about preparation of response for deputy inquiry. Employees of the State Pension Savings Fund denied to provide information operatively, they explained that there was a lack of spare time.
December, 29Alexander Baranov, «Gorodskaya Nedelya” (Pavlodar)
On October 11, 2012 the correspondent of newspaper «Gorodskaya Nedelya” (Pavlodar)Alexander Baranov has sent a letter-request to General Prosecutor's Office. He was interested in response of the General Prosecutor's Office (Pavlodar Oblast) on activity of JSC «Pavlodarenergo” and control of observation of nature conservation JSC “Kazakhstanskiy Elektroliznyi Zavod”. A week later, General Prosecutor's Office (Pavlodar Oblast) informed that letter-request of A. Baranov was re-sent to Oblast Prosecutor's Office, it would provide a response. In spite of some appeals to supevisory body, journalist did not receive response on his letter-request.
6.Unjustified restrictions in receiving of information of public interest
December, 07Irene Pritula, Nick Ivanov, Television Channel “Otyrar” (Shymkent)
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The Director of Plant «Maxlightgroup» which produced energy-saving lamps in Shymkent Askan Zhaparov denied to give an interview to journalist of the television channel “Otyrar” (Shymkent)Irene Pritula. He expressed his unwillingness to interact with this mediaholding. When, a film crew left his office Askan Zhaparov has commented the situation on suspension of plant activity to some media outlets.
December, 15Media Outlets (Zyrianovsk, East Kazakhstan)
On December 15, 2012 a session on discussion of budget for 2013 was conducted in akimat (district administration) of Zyrianovsk. Only, journalists of state-owned newspaper“Puls Zyrianovsk” were invited on session. Correspondents of media outlets “Moy Gorod Zyrianovsk”, “Zarya Vostoka” and television channel “Alva-TV” were not informed about it.
December, 18Robert Keller, “Nasha Yarmarka” (Karaganda)
The correspondent of weekly newspaper “Nasha Yarmarka” (Karaganda)Robert Keller has made an actual review on residents of the village Aktas of Karaganda oblast were frozen in their flats with room temperature plus six and ten degrees during 40 degrees of frost. Robert Keller addressed to Akim (Governor) of Aktas Meiram Kozhukhov. He denied to speak with journalist from a lack of free time.
December, 12Media Outlets (Kostanay Oblast), Republican Media Outlets (Kostanay)
There was a session of activists (Kostanay oblast) with participation of Prime Minister of the Republic of Kazakhstan Serik Akhmetov on December 12, 2012 in Kostanay. Thirty minutes later after beginning of session employees of press service of Prime Minister of the Republic of Kazakhstan asked journalists and camera men to leave oblast philaharmonic hall without explanation of reasons. Media was not informed about such restrictions, prior to beginning of session.
December, 27Media Outlets (South Kazakhstan Oblast)
The correspondent of newspaper “Vremya” (South Kazakhstan Oblast) Zaure Mirzakhodzhayeva from pages of newspaper informed that Akim (Governor) of South Kazakhstan Oblast Askar Myrzakhmetov avoid speaking to the independent media. For a example, journalist gave on-air with participation of akim (governor) on one of the local television channels, during time “free-thinkers” were unable to call to studio; questions of television viewers for him have been irrelevant ones and some free-thinkers made assumptions that “on-air” has been set piece of your team”.
Zaure Mirzakhodzhayeva said that during arrangements with participation of akim (governor) there was a guard, who accompanied him, they were never allowed anywhere near Askar Myrzakhmetov.
7. Seizure of media and other editions
Decembert, 04«Azat” (Almaty)
On December 04, 2012 editor-in-chief of newspaper "Golos Respubliki" Tatiana Trubacheva in Department for Execution of Judicial Acts of Almaty has met with bailiff Meldeyev. She was interested in reasons of seizure of newspaper "Azat" from newsvendors on Friday. The newspaper "Azat" – is an individual and legally published edition and there are no any
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restrictions with regard to its distribution.
The bailiff explained that the newspaper was seized, according to rule of Medeu District Court of Almaty, dated 21 November 2012, it was issued by judge Beysenova with regard to the newspaper "Golos Respubliki". The editor-in-chief of newspaper "Golos Respubliki" Tatiana Trubacheva has advanced arguments that there was no any word about newspaper "Azat" in ruling on ban on issue and distribution of this edition. Mister Meldeyev replied that the ruling had information that the other means of periodical and continuous public distribution of this edition, including Internet-resources.
On November 30, 2012, during a seizure of newspaper "Azat", bailiffs automatically seized a part of edition and other independent newspaper "Obtscestvennaya Positsiya". Editorial staff of the newspaper have accounted number of illegally seized copies; they filed a claim with General Prosecutor's Office of Almaty.
December, 14Information Bulletin “Solidarnost” (Almaty)
Policemen have stopped a car of Socialist Movement of Kazakhstan on a exit from printing house in the morning on December 14, 2012 in Almaty. There was a printed circulation (totally, 99 copies) of the information block “Solidarnost”. Activists of movement Arman Ozhabayev and George Epstein attended this circulation.
Police officers said that the information block was able to contain information and materials, aimed at the propaganda, or agitation of violent change of constitutional system (Article 344 of Code of Administrative Violations of the Republic of Kazakhstan); the circulation was seized, Arman and George were sent to Almaty District Department of Internal Affairs. They have been there around one hour.
During this time, the detention protocol was not written, Arman Ozhabayev should write an explanatory note, but George Epstein denied to write it, because he had been a citizen of the Russian Federation. Epstein insisted on meeting with Ambassador of the Russian Federation and Public Prosecutor. Policemen did not satisfy his requests.
At the present time Arman Ozhabayev and George Epstein are in the Department of Information Policy and Media Monitoring of Department of Internal Policy of Almaty. Specialists of department make analysis of publication, concerning breach of the law “On Mass Media” and article 344 “Preparation, storage, import, conveyance, distribution of media output on territory of the Republic of Kazakhstan” of Code of Administrative Violations of the Republic of Kazakhstan.
Activists of the Socialist Movement said that this issue was devoted to anniversary of events in Janaozen, recent news, international campaign of solidarity with workers of Kazakhstan and analytics of the pension reform of Kazakhstan. There were no any materials, exhorted to change of constitutional system of the Republic of Kazakhstan in the bulletin.
8. Stoppage of media issue
December, 21«ADAM reader’s» (Almaty)
On December 20, 2012 editor-in-chief of suspended website www.guljan.org Guljan Ergalieva has received a notification from Ministry of Culture and Information of the Republic of Kazakhstan, it was signed by Chairman of Committee of Information and Archives B. Kalyanbekov about cancellation of certificate of registration of the magazine “ADAM reader's”, this certificate of registration was given on November 08, 2012.
Guljan Ergalieva noted that the notification was sent to her by fax, after her appeal to media, non-governmental organizations and administration of President two hours later, concerning
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dismissal of all Almaty printing houses to print this magazine.
The magazine “ADAM reader's” had been already published in 2009—2011. Then, editorial staff by its initiative suspended its issue. The absense during three months meant the dissolution of media, G. Ergalieva has gathered new editorial staff and prepared new version of the magazine, she registered it again. It was planned to publish the first issue on December 21, 2012.
However, on December 20, 2012 General Prosecutor's Office has addressed to Committee of Information and Archives with proposal of law violation. They saw that one year and six months later forgot to cancell registration of the previous magazine “ADAM reader's”. At those day employees of Committee cancelled certificates of registration of 2009 and dated November, 2012 under pretence that law “On Mass Media” lifted to submitt new lisence for existed media.
December, 25www.guljan.org, “ADAM reader's” (Almaty)
The editorial staff of website www.guljan.org and members of the public of Kazakhstan has sent a open letter to President of the Republic of Kazakhstan, concerning annulment of certificate of registration of the weekly “ADAM reader's» and preceding this undercover prohibition for printing houses of Almaty to print the new edition and suspend functioning of website www.guljan.org for three months.
They thought that these decisions were illegal ones and believed that it was connected with illegal pressure of General Prosecutor's Office directly. In connection with this they insisted on retirement of Public Prosecutor of the Republic of Kazakhstan Askhat Daulbayev as a initiator of pressure and prosecutions upon independent media outlets.
«The abolition of independent media in Kazakhstan – is a justifiable threat to the national security of Kazakhstan and infringement of constitutional rights and freedoms of citizens. This letter was signed by the Leader of Party “Azat” Bulat Abilov, Human Rights Activist Eugene Zhovtis and Chairman of Union of Journalists of the Republic of Kazakhstan Seitkazy Matayev and other ones; there were totally 22 persons.
9. Violation of procedural rules
December, 19«Golos Respubliki”, information video portal “Stan” (Almaty)
CNS-agents came to editorial offices of Internet video portal “Stan” and newspaper "Respublika" on December 19, 2012. They intented to make a search there. The process of search is made within scope of criminal case which was opened against Muratbek Ketebayev, according to ruling. They gave an order that there can be "valuable things for case" in rooms-owned him. CNS-agents do not give any sensible explanations as regards this. It is impossible to understand how the case brought against owner of real estate, related to activity of these offices, which officially rented these premises.
The more especially as owner of this property did not come to Kazakhstan for several years, in other words, he out of Kazakhstan regularly, was able to enter into these offices and to leave something there.
There was a process of seizure of bookkeeping documents and office equipment in editorial office of newspaper "Golos Respubliki" and office of video portal "Stan".The process of seizure is executed without inventory, it is a direct violation of law.
Editorial staff of newspaper "Golos Respubliki" and video portal "Stan.kz" have made a joint statement, they were afraid of provocations and they apply for assistance. The searching process – it was an attempt to paralyze the editorial activity and close the mouth to ineligible
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media.”
10. Violation of publicity of trial
December, 07Natalia Buravtseva, «Caravan” (Astana)
On December 04, 2012 reporter of the newspaper «Caravan” (Akmola oblast)Natalia Buravtseva has called to City Court (Astana). She was interested in her attendance, concerning consideration of appeal on case of trade marks. The assistant of presided judge answered that there was a open trial and journalist was able to attend it.
However, on next day judge Karlygash Baymenova did not allow journalist to go to court room: “I was interested at the beginning of trial in attendance of film crew. Everyone said “no”. Natalia Buravtseva has found out that none asked from parties about it.
December, 25Ludmila Kalashnikova, «Uralskaya Nedelya” (Uralsk)
The Judge of Specialized Criminal Court (Uralsk) Kitarova has prohibited journalist of newspaper«Uralskaya Nedelya” (Uralsk)Ludmila Kalashnikova to make audio record of trial. Journalist protested she reminded to judge, that the trial has been open and she had a right to attend and make audio record there, judge invited court officer and ordered to seize a dicto phone from journalist.
December, 27Aziz Murzabayev, Anton Semenov, Television Company “Otyrar” (Shymkent)
The Judge of Specialized Criminal Court (Shymkent) Absattar Shakhidinov has turned out film crew of television company “Otyrar” (Shymkent) from court room. Journalist Aziz Murzabayev and camera man Anton Semenov came up to announcement of sentence, concerning case of two young fellows, who were charged with extortion, robbery and kidnapping. Aziz Murzabayev said that they were invited by a Secretary Specialized Criminal Court. Absattar Shakhidinov in categorical form prohibited a video record, he referred to unwillingness of accused persons.
11. Violation of order of conduction of operative-searching arrangements
December, 13Murat Tungishbayev, blogger (Almaty)
Almaty blogger Murat Tungishbayev has covered open trials by suit of the General Prosecutor's Office (Almaty) which were filed against eight newspapers with title “respublika”. On trials he has made photos of legal proceeding for future placement of them on his personal blog. On December 13, 2012 after trial an unknown man came up to blogger and demanded that Tungishbayev provided personal information on him, but he did not introduce himself. He was also interested in photos of this trail of Marat suggesting that they should speak to each other. Suddenly, this man disappeared, when other observers left court room. Two days later, Tungishbayev has told to human rights activists from organization ARTICLE 19 about prosecution of CNS-agents with regard to him and unknown persons came up to his house.
12. Unjustified restrictions of access to websites
December, 14Facebook. Twiiter. Vkontakte
On December 14, 2012 in some towns of Kazakhstan, Internet-users could not visit social network Facebook. There was a heavy access to this Internet-resource in Almaty, Atyrau, Karaganda, Astana, Taraz, Ust-Kamenogorsk, Janaozen. Bloggers noted that problems took a place during on-line conference with Mukhtar Ablyazov in Facebook; and for those, who used
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services of “Kazakhtelecom” and “Beeline”.
After 18.00 p.m. access to network was restored.
II.Conflicts, violations, incriminated to media outlets and citizens in connection with implementation of right to freedom of expression
1. Charges with libel (Article 129 of Criminal Code of the Republic of Kazakhstan)
December, 05Sergei Bukatov, PA «Kazakh-Zerno” (Petropavlovsk)
On December 05, 2012 Petropavlovsk City Court of North Kazakhstan Oblast, which was chaired by judge N. M. Zhanibekova, it has found guilty editor of press agency "Kazakh – Zerno" Sergey Bukatov. He was charged with libel under article 129 "Libel" of Criminal Code of the Republic of Kazakhstan and sentenced to one year of imprisonment. The charges originated from nine articles, published and posted on the website www.kazakh-zerno.kz from November 01, 2011 to April 09, 2012. Corn traders faced to problems, concerning shipment of the corn for export by sea over port of Aktau.
JSC "Ak Biday-Terminal" executed shiftment of the corn, they thought that there was a publication of untruth and misleading information which discredited business reputation of JSC "Ak Biday-Terminal" and it "convinced a reader of the website of illegal activity of joint-stock company, practically directly charging it with corruption by a way of intrusion of some dusty schemes".
News agency has dismissed to call names of journalists who were published under pen-names Alimbek Gabitov and Liya Strik; JSC has requested to institute criminal proceedings against editor of news agency S. Bukatov and owner of agency Mansur Rasulov.
On a trial, M. Rasulov did not plead guilty himself, saying he had been the only one founder of LLP "Kazakh-Zerno", and appointed director and who appointed editor-in-chief of the edition. M. Rasulov did not meddle in editorial policy. The court has acquitted M. Rasulov for lack of corpus delicti under article 129 p. 3 of Criminal Code of the Republic of Kazakhstan.
During court hearings Sergey Bukatov was unable to prove that he had not been an editor of news agency or acting one during publication of disputable materials. The court has imposed on journalist next restrictions: "leave unchanged permanent place of residence without warning of criminal and correction inspection, not to leave place of residence in free time from work and not to go to other area without permission of criminal and correction inspection".
The court has dismmissed claim of JSC "Ak Biday-Terminal", concerning recovery of KZT100000000 as moral damage compensation.
December, 21Nataliya Drozdetskaya, «Spectr” (Semey, East Kazakhstan Oblast)
On December 21, 2012 court № 2 (Semey, East Kazakhstan Oblast) has considered private claim of Timur Dzhartybayev. He has charged journalist of the newspaper«Spectr” Nataliya Drozdetskaya with libel under article 129 of Criminal Code of the Republic of Kazakhstan. The charges originated from article “It happenes that flats are lost such way” by Nataliya Drozdetskaya which was published in the newspaper «Spectr”. The private prosecutor thought that journalist has published misleading information with regard to him. There was information on a resident of Semey A. Ponyzko who as a result of illegal actions, he lost his flat and on his multi-year trial. T. Dzhartybayev had been owner of the flat, he did not quiet down.
2. Demand on stoppage of media activity
In December, 2012 within territory of the Republic of Kazakhstan over 40 independent media 8
have suspended their activity. We would remind you that trials on closure of media, they were initiated by Public Prosecutor of Almaty, who on November 20, 2012 has filed suits and claims to city courts. In his suits and claims, he referred to the sentence “by Kozlov's case” which came into effect and psycho-philological expertise of publications and reports of these media. It was conducted within scope of court hearings of criminal case by experts of the Regional Scientific-Production Laboratory of Almaty under Ministry of Justice of the republic of Kazakhstan.
In violation of investigative norms and legal procedure, media heads during investigative process “by Kozlov's case”, they were not informed about conduction of expertise over publications of their editions, in a one word the right to protection by the court was violated.
On December 04, 2012 Bostandyk District Court of Almaty has issued a ruling on blocking of access to Internet-portal www.stan.tv within territory of Kazakhstan. There were no representatives of plaintiff on a trial.
On December 06, 2012 the same ruling was issued by Bostandyk City Court of Almaty with regard to television company “K+”, its Internet-resources www.kplus-tv.net and www.kplus-tv.kaz.net, «other means of periodical or continous public distribution of output of OJSC “Television Company K+”, including Internet-resources which were used for such dissemination”. The court has considered a case in the absence of defendant.
On December 25, 2012 Judge of Medeu District Court of Almaty Gulmira Beysenova, according to her rule, she has suspended activity of eight editions («Golos Respubliki-Kaleydoscop Sobytiy Nedeli”, «Respublika. Delovoye Obozrenie – Duble 2”, «Moya Respublika. Facty, Sobytiya, Ludi”, «Respublika– NEW – Informatsionno-Analiticheskiy Ezhenedelnik”, «Vsya Respublika”, «Moy Dom- Respublika. Obzor Sobytiy Nedeli”, «Respublika – 2030 – Delovaya Gazeta”, «Respublikanskie Vesti — Delovoye Obozrenie”) and its 23 Internet-resources, including pages on Faсebook and Twitter.
On December 20, 2012 newspaper “Vzglyad” and its two Internet-resources were closed, according to rule of Judge of Bostandyk District Court of Almaty Tatiana Chernysh.
December, 07«Respublika”, “Vzglyad”, www.stan.tv, Television Channel “K+”
On December 07, 2012 the Adviser to President of the Republic of Kazakhstan of Political Affairs Ermukhamet Ertysbayev commented radio “Azattyk” (“Freedom”) trials on closure of the independent media. In particular, he said: “Ablyazov- he is one. Non-registered organization-is the other one. It was necessary to divide media. In my view it was necessary to consider everything in total. I think, that if court makes a rule for one or other printed matter, it is necessary to give fundamental proofs, violation of law and Constitution. We need in very serious expertise, we have the Institute of Judicial Expertise under Ministry of Justice. It is necessary thoroughly check articles, substantial part, see all materials which are printed in the newspaper where Constitution and law were violated.
3. Demands on stoppage of media issue
December, 04www.guljan.org (Almaty)
On December 05, 2012 editorial staff of Internet-website www.guljan.org has received a notification from law enforcement officer. According to ruling of the Judge of Bostandyk District Court of Almaty A. Abaydeldinova, who prohibited to editor-in-chief of www.guljan.org G. Ergalieva placement, issue and distribution of materials (regardless of authorship) of Internet-resource www.guljan.org; to suspend an access to Internet-resource www.guljan.org in the territory of the Republic of Kazakhstan and also, distribution of output of Internet-resource www.guljan.org, prior to ruling by this suit immediately".
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The court ruling was made on ground of action of Public Prosecutor of Bostandyk District of Almaty. The content of suit is not known; the essence of suit is not called. It was a great surprise for Internet-resource and G. Ergalieva. They did not know about open trial the day before and could not understand what for they were punished.
The same ruling which was dated on 04 December, 2011; it fed guesses. The District Procurator has filed a suit (in particular, his surname was not mentioned), judge A. Abaydeldinova has made a rule on suspension of the website www.guljan.org on three months; the sentence should be fulfilled immediately; at the end of document, before seal and signs there was information that the writ of execution was given on December 04, 2012.
Perhaps, the currently suspension –is this execution of judicial document of one year prescription?
December, 10www.guljan.org (Almaty)
The editor-in-chief of website www.guljan.org Guljan Ergalieva at press conference in Almaty said, that the reason of disfunctioning of website was connected with her participation in action: “It has emerged that January 27 or 28 I came up to monument of Abay with boquet of flowers and there I said about falsified elections and we decided to get there from time to time, because we have freedom of speech and expression”.
She has also explained that they found out the reason of disfunctioning of website only after attendance of lawyer of court some days later after passing of judicial determination of court.
December, 24www.guljan.org (Almaty)
On December 24, 2012 on a trial in Bostandyk District Court, lawyer of editor-in-chief www.guljan.org Guljan Ergalieva, she has filed a petition with repeal of measures, related securing of suit in the form of dismissal of suit. The court has satisfied petition. The court decision on suspension of activity of website was dismissed.
December, 27www.guljan.org (Almaty)
On December 27, 2012 Medeu District Court of Almaty has suspended the activity of website guljan.org for three months, it has satisfied suit of Public Prosecutor of Medeu District which was filed against Internet-resource and its editor-in-chief Guljan Ergalieva. He explained his demands that almost one year ago, January 21, 2012 on the website an article “Why I come up to the monument of Abay on January 28, 2012” with video clips which was posted on the website; in Public Prosecutor's opinion these video clips called on participation in unsanctioned protest action, he has considered it as materials with calls oncommittment of administrative violations.
The court decision was appealed in Almaty City Court.
4.Demands on protection of honour, dignity and business reputation, from publication of designated materials
December, 06Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk)
On December 06, 2012 Cassation Board of West Kazakhstan Oblast Court has left judgment standing of court № 2 of Uralsk, in part of recovery of KZT5000000 (1USD=150.61) as moral damage compensation; it was awarded by suit of the Former Head of Department of Internal Policy Tlekkabyl Imashev, who filed a suit against journalist L. Akhmedyarov and founder of
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the newspaper "Uralskaya Nedelya", LLP "Journalistkaya Initsiativa". Cassation Board of West Kazakhstan Oblast Court has dismissed the demand on publication of apology to Imashev.
The charges originated from article “Brother, friend and cronyism” by L. Akhmedyarov which was published in the newspaper “Uralskaya Nedelya” on February 02, 2012. Akhmedyarov disclosed the family ties in oblast authority. Tlekkabyl Imashev was unsatisfied by words “Marriages are made in heaven, but the benefit is earth-bound from them. It confirmed his career growth of Tlekkabyl Imashev (in the past, he had been a teacher of physical culture; now, Imashev is a Head of Oblast Department of Internal Policy (West Kazakhstan Oblast)). Except for, his personal quality, he had ties of relationship with Imangali Tasmagambetov and Former Prime Minister of Kazakhstan”.
Tlekkabyl Imashev did not deny his relative ties, but he thought that their publication belittled his personal services. Tlekkabyl Imashev was abused by image to the material: "Reproduction of his image in the pack of playing cards abused him as state official, as citizen of the Republic of Kazakhhstan; they had a purpose to dicredit his reputation of the honest public servant and decent citizen". He demanded recovery of KZT10000000 (1USD=150.61) as moral damage compensation.
Editorial staff of the newspaper “Uralskaya Nedelya” has expressed its disagreement with judgment that has gone before. They proposed to their readers to participate in satisfaction of judgment (in particular, they should collect KZT5000000 by small denominations KZT1,5 and 10).
December, 19Peter Trotsenko, «Moy Gorod” (Uralsk)
The resident of Uralsk Zamzagul Aytzhanova has filed a suit against newspaper «Moy Gorod” (Uralsk) about recovery of KZT3000000 (1USD=150.42) as moral damage compensation to City Court № 2. The charges originated from article “Employee of autoschool has knocked down and killed pedestrian” by Peter Trotsenko in № 43 (69) dated October 24, 2012 and announcement of this article on first page - «Pedestrians drop like flies”.
Zamzagul Aytzhanova has thought that there was discredition of her reputation, concerning information on circumstanses of the death of her mother in road accident and publication of photos from scene of crime, but names of plaintiff and her died mother were not mentioned; it was impossible to recognize died woman on photo.
Editorial staff of the newspaper«Moy Gorod” (Uralsk) thought that there was no misleading information, this information was received from scene of crime and it was re-checked in press services of Department of Traffic Police and Department of Internal Affairs of West Kazakhstan Oblast and also from Director of Autoschool, where perpetrator of road accident worked.
December, 21Gulzhan Ergalieva, www.guljan.org (Almaty)
The Head Department “Children's House № 1” has filed a civil suit against editor-in-chief of website www.guljan.org Gulzhan Ergalieva. On December 21, 2012 Medeu District Court of Almaty has instituted civil proceeding. The department insisted on placement under arrest of building which editorial staff rented, prior to transfer of KZT5000000 to children's house.
The amount of KZT5000000, according to judgment of Medeu District Court Guljan Ergalieva should recover Saltanat Akhanova (in particular, she was a wife of the Former Head of Financial Police Kayirat Kozhamzharov) as moral dfamage compensation. Later, November 22, 2012 she has filed application to court, concerning transfer of funds to account of Children's House № 1 of Almaty. The administration of Children's House № 1 of Almaty has expressed its disagreement, concerning transfer of KZT5000000 by parts; it addressed to district court.
December, 14Anastasiya Strokova, «Ustinka Plus” (Ust-Kamenogorsk)
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On December 14, 2012 Ust-Kamenogorsk City Court has dismissed suit about protection of honour, dignity, business reputation and recovery of KZT100000 (1USD=150.82) as moral damage compensation of the Head of Glubokovsk Educational Department Elgiza Sivanbayeva against reporter of the newspaper “Ustinka Plus” Anastasiya Strokova and inhabitant of Ust-Kamenogorsk Erkesh Ukhanova. The editor-in-chief of “Ustinka Plus” Eugene Fominykh was taken to court as third person on side of defendant.
The charges originated from article “Careless treatment”, published in the newspaper “Ustinka Plus” on September 27, 2012. There was information on bad treatment of inmates оf some employees of Head Department “Specialnaya Schkola-Internat Dlya Detey-Sirot”. Earlier, Elgiza Sivanbayeva had a position of Head Mistress of Hostel. The publication was made during interview with former employee of special school-hostel E. Ukhanova.
In her suit, plaintiff pointed out that “newspaper rose and described latest developments of the life”; the newspaper had no right to publish it. In her suit, Sivanbayeva did not mention concrete information, which dicredited her honour and dignity.
During trial defendants filed petition for a dismissal of suit, they proved that all facts which were mentioned in article, based on results of control of General prosecutor's Office. Elgiza Sivanbayeva did not appeal outputs of control.
December, 19Victor Miroshnichenko, «Vremya” (Petropavlovsk)
On December 19, 2012 Board of Appeals of North Kazakhstan's Oblast Court has changed judgment of City Court № 2 (Petropavlovsk) by suit of resident of Petropavlovsk Serik Mendybayev, he has filed a suit against editorial staff of the newspaper«Vremya” (Petropavlovsk) and correspondent of the edition Victor Miroshnichenko. The Board of Appeals has changed a dismissal of satisfaction of S. Mendybayev' suit to dismissal of suit in the form of nonobservance of pre-trial order of dispute resolution.
The charges originatted from articles “Perfect smut” (newspaper«Vremya” on August 07, 2012) and “Not be judged ibo is judged” (newspaper«Vremya” on August 09, 2012). Serik Mendybayev has insisted on admittance of untruth and discredited fragments of publications, where he was mentioned with regard to stolen property from a flat of his friend M. Beysenbayev and that he escaped punishment because he has been the staff informant in police.
December, 20Victor Miroshnichenko, «Vremya” (Petropavlovsk)Zaure Zhumalieva, «Kvartal” (Petropavlovsk)
On December 20, 2012 court of Petropavlovsk has dismissed a suit on publication of disclaimer for the Former Chief of Head Department “Office of Land Relations” (Petropavlovsk) Tleubay Yeszhanov.The charges originated from article “Someone is able to ladle out a cabbage soup” by Victor Miroshnichenko, published in the newspaper «Vremya” (Petropavlovsk) on November 22, 2011 and article “Who is able ladle out a cabbage soup to dogs” by Zaure Zhumalieva, published in the newspaper«Kvartal” (Petropavlovsk) on March 15, 2012.The akimat (district administration) has given licenses for receiving of lands as a private property. The plaintiff did not make demand, concerning compensation of moral damage.
December, 21Svetlana Orlova, «Kvartal Petropavlovsk” (Petropavlovsk)
The Board of Appeals of North Kazakhstan Oblast Court has partially changed judg(e)ment of court № 2(Petropavlovsk) by suit about protection of honour, dignity and business reputation of the pensioner Valentina Sotnikova which was filed against newspaper «Kvartal
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Petropavlovsk” (Petropavlovsk). On October 04, 2012 City Court has dismissed a suit of V. Sotnikova. On December 21, 2012 Board of Appeals of North Kazakhstan Oblast Court has changed withdrawal of suit to dismiss a claim without prejudice.
The charges originated from article “On stolen brooch and spittles” which was published in the newspaper«Kvartal Petropavlovsk” (Petropavlovsk) on June 17, 2010. There was information on abnormal complaints which were filed with police, it was hard to response on them. For a example, Press Secretary of Department of Internal Affairs has provided some complaints. The complaint of V. Sotnikova on her neighbour was cited in the edition without changes.
December, 25Erzhan Suleymenov (Almaty)Alinur Batalova (Astana)
In June, 2012 the Director of PR-Company LLP “Royal Partners Group» Nina Yarovaya and itself LLP “Royal Partners Group» has filed a suit against blogger Erzhan Suleymenov about protection of honour, dignity and business reputation to Medeu District Court of Almaty. The charges originated from material “She did out company of KZT5000000” which was posted on page of Suleymenov on May 10, 2012 in Facebook. As information source on negligent execution of contractual obligations by Director of PR-Company, defendant pointed a resident of Astana Alinur Batalova. Alinur Batalova was put on trial as co-defendant.
Nina Yarovaya thought that there was a dissemination of misleading information and demanded from defendants the publication of disclaimer “on the wall of website page www.facebook.com » and send letters-refutations to all persons, who left their comments there”. The LLP “Royal Partners Group» has made the same demands, because this information discredited honour, dignity and business reputation of Director of PR-Company LLP “Royal Partners Group» Nina Yarovaya and also, itself LLP “Royal Partners Group».
They demanded recovery of KZT4000000 (1USD= 150.23) as moral damage compensation.
On October 15, 2012 court has partially satisfied a suit of Director of PR-Company LLP “Royal Partners Group» Nina Yarovaya; defendants should during five days publish disclaimer of discredited information “by a method of public announcement of this information as misleading one” on page of Suleymenov, on website www.facebook.com. E. Suleymenov and Alinur Batalova should recover KZT100000 solidarily as moral damage compensation for N. Yarovaya.
The court has dismissed a suit of itself LLP “Royal Partners Group».
On December 25, 2012 Board of Appeals of Almaty City Court has left decision of court of high instance standing.
December, 29Victor Miroshnichenko, Paul Afanasiyev, «Kvartal” (Petropavlovsk)
We would remind you that earlier, the inhabitant of Petropavlovsk Amir bayazitov has filed a suit about protection of honour, dignity and recovery of moral damage against editorial staff of newspaper «Kvartal” (Petropavlovsk) and journalist Victor Miroshnichenko to court № 2 of Petropavlovsk. The charges originated from paper “God's dew” by V. Miroshnichenko, published in the newspaper «Kvartal” on March 15, 2012. There was information on criminal process, initiated by Former Chairman of North Kazakhstan Branch of the Party “Ak Zhol” Paul Afanasiev, who charged some members of the party “Ak Zhol” with libel and insult. The participant of a trial A. Bayazitov thought that in his paper V. Miroshnichenko negatively characterized him, he used neglectful phrase “serious computer technology specialist”. Plaintiff demanded to refute the supposition of journalist, related to attendance of mosque by Bayazitov and contribution for children's house has been implemented because of a trial to have the positive characteristic. He has demanded recovery of KZT500000 as moral damage compensation in solidary order.
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On October 29, 2012 court has dismissed a suit completely.
On December 29, 2012 Board of Appeals of North kazakhstan Oblast Court has left decision of City Court standing.
December, 29 Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk)
As it was mentioned at that time, the Head of Akim's Office (Governor) of Taskalinsk District Baurzhan Imashev and Deputy for Akim of Terektinsk District of West Kazakhstan Oblast Abzal Braliev, they have filed suits about protection of honour, dignity and business reputation against newspaper «Uralskaya Nedelya” (Uralsk) and journalist Lukpan Akhmedyarov. The charges originated from article “History repeats twice” which was published on July 27, 2012. There was information survived witness of murder of famous sportsman Oralbek Kuzhageldin thirteen years ago. He has recognized three accomplices among present state officials of the oblast. There were A. Braliev and B. Imashev, they were mentioned among them. They insisted on publication of refutation of their criminal past and recovery of totally KZT20000000 as moral damage compensation. In November, 2012 the witness of this awful crime Makhambet Koneyev was put on a trial on the side of defendant.
On December 10, 2012 both suits were accepted for one proceeding.
On December 29, 2012 a judge K. Chalkarov has partially satisfied suits of A. Braliev and B. Imashev. According to court decision defendants should refute information on criminal past of plaintiffs and recover KZT1000000 as moral damage compensation. The amount of both suits had been KZT20000000.
«Journalistkaya Initsiativa” and L. Akhmedyarov intended to appeal this decision in the court of high instance.
Also, at present time in West Kazakhstan Oblast Court there are court hearings upon appeal, concerning rule of Uralsk by suit of Arman Kozhakhmetov; newspaper and journalist should recover him KZT1,5 millions as moral damage compensation. The charges originated from the same publication.
December, 03«Menin Olkem” (“Moy Kray”) (Ust-Kamenogorsk)
Representatives of policeman Almas Abdrakhmanov have contacted with editor-in-chief of newspaper«Menin Olkem” (“Moy Kray”) (Ust-Kamenogorsk) Merey Kaynarov. They insisted on publication of a disclaimer of article “Five children have become orphans” which was published in the newspaper«Menin Olkem” (“Moy Kray”) (Ust-Kamenogorsk) on October 25, 2012. There was information on road accident with participation of Almas Abdrakhmanov. In policeman's opinion thre was a misleading information in the publication. He thought that published schemes of road accident which were provided by a lawyer of other participant of road accident it was a disclosure of state and service secret. The bias of article was mentioned as main reason for publication of a disclaimer.
The editorial staff denied to execute a request of Almas Abdrakhmanov. They thought that objectivity or subjectivity of material was failed to consider in the sphere of civil and legal relationships only in ethical plan. There was no concrete misleading information in the claim.
December, 12Svetlana Mogay, «Caravan” (Karaganda)
The Director of Public Relations of JSC “ArselorMittal Temirtau” Roman Iltyo has demanded to publish a disclaimer. The charges originated from article “Teaser for Mittal” by Svetlana Mogay which was published in the newspaper«Caravan” (Karaganda) on November 30, 2012. There was information on threat of French power which intended to terminate a contract with
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metallurgic company of Lakshmi Mittal. In her article, journalist told about troubled situation in the company“ArselorMittal Temirtau”. Roman Iltyo thought that there was misleading information on company activity. Editorial staff of the newspaper «Caravan” (Karaganda) officially denied to publish a disclaimer, they thought that article of journalist has been objective.
December, 15Elena Suprunova “Moy Gorod” (Ust-Kamenogorsk)
The Director of Ust-Kamenogorsk Representative Office of LLP «Green House Best» (seller «Bonduellе») mister Balkebayev has made a pre-trial claim against newspaper “Moy Gorod” (Ust-Kamenogorsk). He has demanded to publish a disclaimer of information, discredited business reputation of LLP in article “Black lists of genetically modified organisms” by Elena Suprunova. Journalist has told that epidemiological expertise diagnosticated genetically modified organisms in six tests of food products, including sweet corn «Bonduellе», produced by Russia and corn «Corrado”, produced by Hungary. Editorial staff denied to publish a disclaimer, because during preparation of article, journalist used official information of Ministry of Health Care of the Republic of Kazakhstan.
5. Accusations in non-execution of judgment (Article 524 of Code of Administrative Violations of the Republic of Kazakhstan)
December, 10Guljan Ergalieva, guljan.org (Almaty)
On December 10, 2012 Specialized Interdistrict Administrative Court of Almaty has fined Guljan Ergalieva on the amount of KZT16180 for what that on December 05, 2012, after receiving of notification, concerning suspension of functioning of Internet-resource guljan.org the following information was posted on website: “Urgently! The website www.guljan.org is suspended its functioning by suit of Public Prosecutor for three months”; “Flash: CNS' Colonel has persuaded Chelakh to take the blame upon himself”, “Citizens, countrymen”.
December, 12Tatiana Trubacheva, «Golos Respubliki” (Almaty)
On December 12, 2012 Specialized Interdistrict Administrative Court of Almaty has been presided over judge Berik Kuzembayev considered administrative case with regard to editor-in-chief of the newspaper «Golos Respubliki” (Almaty)Tatiana Trubacheva. She was charged with non-execution of judgment, judicial acts, orders (authorized persons), who have been in charge to consider cases of administrative violations.
According to rule, Tatiana Trubacheva was fined on ten monthly assessment indices (1 monthly assessment indices KZT1618). The court has accused her in non-execution of judgment of Medeu District Court on suspension of issue of the newspaper «Golos Respubliki” (Almaty), published articles of journalists of this printed matter in social and political weekly “Azat”. The court did not issue judicial determination, concerning suspension of activity with regard to this printed matter.
6. Violation of journalistic ethic
December, 24Tokbergen Abieyev, «Zakon I Pravosudie” (Astana)
On December 20, 2012 journalist, head of the Astana-based press club “Alliance of Kazakhstan's Media” “Zakon I Pravosudie” Tokbergen Abiyev disappeared.
He told Kazakh journalists in a mass text message on December 20 that he was holding a press conference at noon the next day which would be a “sensation”. In the message, Abiyev said the title of the press conference would be “The corrupt must be jailed”
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On December 20, 2012 in the evening at 21.00 p.m. he has left his house and gone to office of press club. Tokbergen said to his wife, that he should prepare for forthcoming press conference.
Abiyev was last seen at his office at the press club at around 22.00 p.m., where he asked his colleague Andrey Taranov's laptop to go pick up important materials for the press conference. The journalist said to Taranov that he would come back and asked to wait for him at the office.
Tokbergen Abiyev's wife called to him at around 01.00 a.m. on December 21, 2012, but he did not pick up his mobile phone. Andrey Taranov called him at around 04 a.m., but got an automated response that the subscriber was out of coverage. Abiyev did not reply on SMS-messages.
On December 22, 2012 a wife of Tokbergen Abiev and his colleague Musagali Duambekov have submitted a written statement to the Department of Internal Affairs and posted their statement on websites of the General Prosecutor's Office and Department of Committee of National Security of Astana.
Being editor-in-chief of the newspaper “Zakon I Pravosudie” Tokbergen Abiev was sentenced to three years of imprisonment in July 2008. He was charged with bribe. According to press release of financial police, he tried to give USD3000 to the Responsible Employee of Agency of the Republic of Kazakhstan on Fighting with Economic and Corruption Crimes (Financial Police) for submission of compromising information on officer of judicial agency. There was no any information on official, who intended to take a bribe, his surname, position and punishment. Probably, proposal to sell compromising information it was a trap for Tokbergen Abiev.
On March 11, 2009 Sary-Arka District Court of Astana has passed the second sentence Tokbergen Abieyev. He was sentenced to three years of imprisonment for failure to pay moral damages.It was connected with judgment of 2008, when T. Abiyev was taken into custody on recovery of KZT5000000 from T. Abiyev and owner of the newspaper “Zakon I Pravosudie” LLP “ATS.KZ” by suit of E. Manayev about protection of honour and dignity.
After Abiyev was released from jail, he tried to register some newspapers, including newspaper with title “The corrupt must be jailed” but authority denied his request, saying that newspapers with this title had already registered. Abiyev then founded a press club “Alliance of Kazakhstan's Media” “Zakon I Pravosudie” and Internet-portal abiyev.kz.
We would remind you that in 2008 a journalist of newspaper “Zakon I Pravosudie” Oragalaysha Omarashanova (Zhabagtaykyzy) disappeared. The search of a missing journalist is still led to nothing.
Journalistic community of Kazakhstan, national and international human rights organizations has expressed concern about disappearance of journalist Tokbergen Abiyev on December 20, 2012. Police of Astana in spite of pre-holiday heavy workload, it provided the best specialists for his searching.
But, December 31, 2012 T. Abiyev has let hear from himself. It turned out he "kidnapped" himself to pay attention to his activity, while his family, friends and colleagues were beside themselves with anxiety, T. Abiyev hid in comfortable rented flat successfully.
International Foundation for Protection of Freedom of Speech "Adil Soz" considers action of T. Abiyev as ethical and professional inadmissible.
III. Peculiarities of political and legal climate in the country, designated the actual position of mass media
1.Social and political events, designated follow-up of situation with freedom of speech
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December, 21Internet, KazNET
The Secretary of National Democratic Party “Nur Otan” Erlan Karin in his interview to correspondent of Bnews.kz has expressed his opinion, concerning decision on blocking of websites which promulgated extremism. This decision would be taken by special commission which consisted of law-enforcement agents, representatives of Ministry of Culture and Spiritual Directorate of Muslims. It should not be happen that we recorded everyone in extremists.
2. Changes and drafts of modifications of the current legislation, designated legal status of mass media
December, 13
On December 13, 2012 Senate of Parliament of the Republic of Kazakhstan has passed law «On Amendments and Supplements into Some Legislative Acts of Counteraction to Terrorism of the Republic of Kazakhstan”. It was submitted to President of the Republic of Kazakhstan N. A. Nazarbayev for signature.
There was absolutely new definition of “terrorism” as ideology of violence and practice of influence on decision-making by state bodies or international organizations, by a way of commitment or threat of commitment of coercive actions and or other criminal actions, tied with intimidation of the population and aimed at damage of person, the society and state.
Human rights activists thought that new edition of definition “terrorism” would give a right to state authority to believe as terrorist improper politician or free thinker, who decided to participate in public protest.
3. Evaluations of the actual position of media and freedom of speech
December, 04Opposition Media
The Deputy of Low Chamber of Polish Parliament (Seim) of the Party “Civil Platform” Marchin Sventitskiy commenting trials in Almaty, concerning closure of forty independent media outlets, he called Seim to give an evaluation of prosecution of free media in Kazakhstan: «We are witnesses of new reinforcement of actions of Kazakhstan's authority against opposition, now against independent media. The state authority of Kazakhstan has concluded that it was necessary “to close mouth” some independent media which still functioned in Kazakhstan”.
Marchin Sventitskiy sured that “Seim should declare its decided “no”, related to authoritarianism and prosecution of opposition in Kazakhstan and attempt on free media”.
December, 19Media Outlets
International Organization ARTICLE 19 has distributed a final release on its website. It was connected with situation of freedom of expression in Kazakhstan. Human rights activists expressed their concern about continued attack on freedom of expression, pressure upon media, journalists, bloggers and desire of the state power to make critically-minded media outlets keep silence.
«Over last year situation with freedom of speech was worsened essentially in Kazakhstan. The state authority intended to use everything to press on opposition voices - said Executive Director of ARTICLE 19 Agnes Callamard”.
International Organization ARTICLE 19 has called state authority of Kazakhstan for immediate 17
suspension of prosecution and threats with regard to them, who used their fundamental right to freedom of opinion.
In human rights activists' opinion, international community had to provide that «election of Kazakhstan to Council of Human Rights of the United Nations failured him to continue the easty rhetoric, concerning protection and promotion of human rights and take decisive actions for securing of international obligations execution of Kazakhstan”.
4.Actions in protection of civil and professional media rights and journalists
December, 10Guljan Ergalieva, Guljan.org (Almaty)
On December 10, 2012 at press conference in Almaty editor-in-chief of the website www.guljan.org G. Ergalieva said that in connection with suspension of functioning ofwebsite www.guljan.org, according to rule of Bostandyk District Court its materials were posted on Internet-resource Guljan.info.
Also, G. Ergalieva said that from December 21, 2012 the weekly “ADAM reader’s” it would be published every Friday, this weekly would supplement website Guljan.info. There will be a publication of materials in Russian and Kazakh languages.
December, 20Guljan Ergalieva, Guljan.org, «ADAM reader’s» (Almaty)
On December 20, 2012 editor-in-chief of media website www.guljan.org and new printed matter "ADAM reader’s" Guljan Ergalieva has appealed to the civil society and state structures:
Appeal
I am Guljan Ergalieva, editor-in-chief of media website www.guljan.org and new printed matter "ADAM reader’s", I am writing to let you know that from December 05, 2012 I am under hard pressure of Kazakhstan's state authority, it threatens extermination of our media resources without legal basis.
The media website www.guljan.org is appeared in the Internet from June 2011; it received a wide viewership (in particular, an average of twenty thousands per day). Our website is banned to publish materials, according to suit of District Prosecutor's Office of Almaty and judgement of court of Almaty.
The publication of first issue of weekly"ADAM reader’s" which has a legal license of Ministry of Press and Information, it was planned for December 21, 2012, was blocked by some public services as a method of the confidential pressure upon heads of printing houses of Almaty they were obliged to deny printing of our weekly.
I want to place on record that ban on functioning of the website www.guljan.org has illegal basis; I was punished by a fine in amount of twenty monthly assesment indicies, according to judgement of Medeu District Court on February 06, 2012 for administrative violation (in particular, agitation and participation in unauthorized meeting. Ten months later, General Prosecutor's Office of Bostandyk District charges me with the same violation, as a result of it court had to suspend function of the website for three months.
It is obvious that there was a given occasion which has been farfetched and illegal one, my call to participation in rally as a citizen, concerning shooting of civilians by police in Janaozen; it was not connected with rights and obligations of the media website.
I want to place on record that obstruction of issue of our weekly "ADAM reader’s" as a method of illegal pressure upon printing houses; it has no either false grounds. It is a fact of prosecution of the independent media in violation of article 20 of law "On Prohibition of
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Censorship" of the Constitution of the Republic of Kazakhstan and illegal abuse of power by local authority.
I have my own version of these prosecutions. I believe that it is connected with professional activity as a head of independent editions which publish information and investigations on corruption and other criminal activity of representatives of higher echelon of power of the Republic of Kazakhstan".
G. Ergalieva asks non-governmental organizations to provide with legal assistance; Akorda shall suppress lawlessness of the local authority and courts, towards website www.guljan.org and weekly "ADAM reader’s".
Contact information: email info@ guljan.org; tel., +7 (727) 291-08-56; 293-82-45.
December, 19
Three Kazakhstan's NGOs – National Association of Television and Radio Broadcasters of kazakhstan, International Foundation for Protection of Freedom of Speech "Adil Soz" and Internews – Kazakhstan issued an appeal, related to anti-constitutional actions of joint-stock company "Kazakhteleradio":
To:President of the Republic of KazakhstanN. A. Nazarbayev
Prime Minister of the Republic of KazakhstanS. N. Akhmetov
Public Prosecutor of the Republic of KazakhstanA. K. Daulbayev
Chairman of Commitee of Social and Cultural Development of Majilis of Parliament of the Republic of Kazakhstan
D. N. Nazarbayeva Chairman of National Economic Chamber "Souyz Atameken"A. I. Myrzakhmetov Chairman of the Agency of the Republic of Kazakhstan for Competition ProtectionG.R. Abdrakhimov Appeal on the occasion of anti-constitutional acrions of joint-stock company "Kazakhteleradio"
The state has contributed 52 milliards tenge for transfer of television and radio broadcasting of the country to digital format. It promised to Kazakhstan's people to improve the quality of picture, access to national television channels in the most remote areas of Kazakhstan. As a result of it, United Kazakhstan's Information Space will be established.
But, on December 04, 2012 screens of television sets in houses of inhabitants of Karaganda were gone out. The joint-stock company "Kazakhteleradio" in five towns of Kazakhstan, they were connected to digital on-air broadcasting, it put ino operation of codage of conditional access system of all free of charge television channels of free access, including the state ones.
The network of digital, on-air broafcasting of Kazakhstan (in particular, it was declared as open and generally available) had been close. The same situation will take a place in Kazakhstan in the future.
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The joint-stock company (in particular, the state has 100% of shares of joint-stock company "Kazakhteleradio"), it shall construct the digital on-air and satellite communication in the interests of society. Except for, multibillion funds, joint-stock company "Kazakhteleradio" has received the full carte blanche in the status of national operator of television and radio broadcasting and right to non-competitive receiving of digital frequencies. However, it empowered that the population, low-incom citizens and vulnerable social groups should buy the additional equipment for their television sets solely under authorized dealers of joint-stock "Kazakhteleradio" (in particular, it has a high price from device for decoding process of conditional access system). Entrepreneurs, who supplied qualitative, inexpensive attachments, they received certificates of conformity, sustained losses, because television viewers returned the purchased goods after that when screens of television sets were gone out on December 04, 2012.
It is generally known that the coding of signal is made only for pay satellite and cable television. The terrestrial television is sociable and accessible type of television and it should be received to some receiving equipment. The joint-stock company "Kazakhteleradio" makes coding of terrestrial signal, it contravenes to course of Kazakhstan, related to creation of the universal open network of digital television, it has a task to provide access for all Kazakhstan's people to Kazakhstan's television programs; it violates constitutional right of citizens to free receipt and dissemination of information.
The public focused on risks and threats of monopoly position of JSC "Kazakhteleradio" on the market. In May, 2012 public organizations have sent an appeal to government of the Republic of Kazakhstan; they requested to decline tender (in particular, JSC "Kazakhteleradio" declared it), related to purchase of conditional access system. There was no either response on it. It is quite clear that joint-stock company "Kazakhteleradio" performs itc commercial project with the help of taxpayers, related to establishment of close coded network of television and radio broadcasting, tied to receiving equipment of authorized companies. It is done under the shelter of transfer to digital broadcasting.
So, monopolizing the market of television and radio broadcasting, joint-stock company "Kazakhteleradio" violates constitutional rights of citizens to access to information and interferes to appearance of alternative operators of on-air broadcasting and alternative suppliers of receiving equipment.
We ask:
1. To cansel a decision of introduction of conditional access system in the terrestrial digital network as anti-constitutional;
2. To provide maximal transparency and accountability for society and population, Commission of Development of Television and Radio Broadcasting under Government of the Republic of Kazakhstan, related to each step of JSC "Kazakhteleradio" during process of transfer to digital broadcasting;
3. To take under control of activity of JSC "Kazakhteleradio" as monopolist in the sphere of television and radio broadcasting; 4. Promulgate the clear step-by-step plan of transfer to digital broadcasting with explanation of planned technical decisions and budget;
5. The Committee of Social and Cultural Development of Majilis of Parliament of the Republic of Kazakhstan should make deputy inquiry, subjected to promulgation of order; it was a basis for introduction of conditional access system to terrestrial television broadcasting; hold regular public hearings, related to activity of JSC "Kazakhteleradio".
6. Ministry of Culture and Information of the Republic of Kazakhstan shall provide a wide choice of digital attachments which are at a reasonable price of national and foreign
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production.
National Association of Television and Radio Broadcasting of Kazakhstan Sholpan Zhaksybayeva.
International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva
Internews Kazakhstan Marzhan Elshibayeva
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December, 24Media Outlets
International Human Rights Organization “Reporters Without Borders», that advocated freedom of the press and defended journalists, it created website www.wefightcensorship.org, to post materials of bloggers and journalists, which were not allowed to publication, because of censorship.
Everyone could anonymously download and sent a material to administrators. It was necessary to use the special account. The Member of Board of International Human Rights Organization “Reporters Without Borders» Mattias Shpilkamp has explained to website www.dwelle.de there was information which was not published in press from a lack of freedom of speech in the country. Mattias Shpilkamp noted creators of the website did not intend to make it as data base or platform for disclosure of official documents according to principle of Wikileaks.
5.Demands and suits of media outlets and journalists on protection of their civil and professional rights
5.1. Demands on protection of business reputation
December, 05«Vremya” (Almaty)
On December 05, 2012 District Court № 2 of Almaly district (Almaty) has considered a suit. There was a suit of editorial staff of the newspaper«Vremya” (Almaty) against Press Secretary of Akim (Governor) of Almaty Sergey Kuyanov about protection of business reputation. The charges originated from interview of Press Secretary of Akim (Governor) of Almaty Sergey Kuyanov to journalists of television channel “Almaty” on October 10, 2012. He said that the printed matter provided misleading information, concerning conference call (s) with Prime Minister of the Republic of Kazakhstan and called position of the newspaper «Vremya” as a position of “political prostitute”. Editorial staff of newspaper «Vremya” asked the court to recognize that it was misleading information which discredited business reputation of edition and Kuyanov should apologize to them on-air of television channel “Almaty”.
Monitoring was done by media reports and correspondents of foundation “Adil Soz”
Coordinator of monitoring service of foundation “Adil Soz”Elena Tsoye-mail: [email protected]
Legal Adviser of foundation “Adil Soz”Ganna Krasilnikovae-mail: [email protected]
If you have monitoring questions, please contact with us via mail 21
