Violations of freedom of speech in Kazakhstan. August, 2018

The\r\nInternational Foundation for the Protection of Freedom of Speech \"Adil\r\nSoz\" conducted a study of the situation with the right to freedom of\r\nexpression, receipt and dissemination of information in Kazakhstan in August\r\n2018.

It reports:

- Attorney Bauyrzhan Azanov was involved in the case of dissemination of\r\nknowingly false informationas a witness with the right to defense . The reason\r\nwas his posts in social network and the interview he gave to the newspaper\r\n\"Karavan\" where he expressed his fears that the investigation of\r\nsexual abuse of a young child would be probably covered up.

The order  on the adoption of the case  signed by N. Sabitov, senior assistant to the\r\nProsecutor General, says:

\"19-21.05.2018.\r\nattorney B.Azanov  published information\r\nposts on his personal page on the Facebook social network and gave an interview\r\nto the correspondent of the media portal Caravan.kz regarding the pre-trial\r\ninvestigation of sexual violence against a minor that took place in the village\r\nof Abay in the South Kazakhstan region.

The information\r\ndisseminated by  B.Azanov  was deliberately false and untrue, and\r\ncreated a false public assumption the justice is corrupted alleged corruption\r\nof justice, the state body leading the criminal process, the mother of the\r\ninjured child and others, caused \r\npsychoemotional and social tension and social tension to the  public and the threat of destabilization of\r\nthe domestic political situation (the tranquility and stability of society),\r\nthereby creating a threat of violating the public order, causing substantial\r\ndamage to the rights and legitimate interests of society and the state. \"

On August 2, a\r\npress conference took place at the office of the Kazakhstan International\r\nBureau for Human Rights, where supporters of Bauyrzhan Azanov voiced their\r\napproval.

Azanov\'s colleagues\r\nand human rights activists consider the case initiated by the prosecutor\'s\r\noffice to be a precedent and an open caution to lawyers on publicly expressing\r\ntheir opinion on the cases that they conduct.

- Hearings started on the appeal of internet portal\r\nRatel.kz editor-in-chief against court ruling to ban  the portal.

On August 13, Appeals\r\nBoard of the Almaty City Court conducted the first hearing of the complaint of\r\nMarat Asipov, the editor-in-chief of internet portal of Ratel.kz.

The defendant\'s counsel,\r\nLarisa Dostavalova, provided the appellate board with a detailed refutation of\r\nthe plaintiff\'s evidence, namely:

1) printout of the speech\r\nof the representative of the Ministry of Information and Communications in the\r\ncourt of first instance, where he confirmed that there was no analysis and\r\nmonitoring;

2) the experts that were\r\nsummoned to the court of first instance, questioned the statement that the\r\nhardware and software complex where the Internet resource Ratel.kz is located\r\nis outside of Kazakhstan in  violation of\r\nKazakhstan\'s legislation. The fact that the resource was successfully blocked,\r\nproves that the complex is located on the territory of the Republic of\r\nKazakhstan.

Other reasons for the\r\nprosecutor\'s office were also contested.

The board took a time-out\r\nuntil September 10  to examine the\r\ndocuments presented in the appeal and the arguments of the defendants voiced in\r\ncourt.

- The Ministry of Information and Communications of the Republic of\r\nKazakhstan shut down relaying of 88 foreign television channels on the\r\nterritory of Kazakhstan.

On August 8, the\r\nMinistry of Information and Communications reported that certificates of\r\nregistration were withdrawn from 88 foreign television channels and relaying of\r\nthose channels on territory of Kazakhstan is shut down.

As the Ministry\r\nexplained taht taking such a measure was caused by amendments to the Law of the\r\nRepublic of Kazakhstan \"On Broadcasting\" adopted in 2017 and entered\r\ninto force on January 9, 2018. According to article 42 of the law, all foreign\r\ntelevision and radio channels relayed on the territory of the Republic of\r\nKazakhstan are obliged to register as a legal entity in the territory of the\r\nRepublic of Kazakhstan or to register their branch (representative office)\r\nwithin six months from the date of enactment of this law .

Only 219 out of the\r\n307 foreign channels managed to complete the registration procedure.

The Ministry has\r\npublished  a full list of foreign TV\r\nchannels that have not opened offices in the territory of the Republic of\r\nKazakhstan on its website.

- Journalists appealed to the akim (mayor) of Almaty regarding unequal\r\naccess to information. \"Adil Soz\" considers such behavior of akim\'s\r\npress service to be a direct discrimination in the field of freedom of\r\ninformation.

The \"Adil Soz\"\r\nFoundation supports this appeal and states that unfortunately it is a common\r\nsituation. Such behavior of the press services is hardly be called otherwise\r\nthen direct discrimination in freedom of receiving information. Officials\r\nviolate the principle of equal access to information stipulated by paragraph 5\r\nof Art. 4 of the law of the Republic of Kazakhstan \"On Access to\r\nInformation\".

We can often find \r\nadvice on the Internet that journalists should apply to law enforcement\r\nagencies with a demand to bring guilty officials to criminal liability under\r\nart. 158 of the Penal Code of the Republic of Kazakhstan \r\n\"Interfering with legal professional activity of journalist\". Yes,\r\nsuch a norm exists, but it is not easy to get a criminal case initiated. It is\r\nmore effective to file a complaint about the illegal actions of an official to\r\na higher authority and to the Agency of the Civil Service and Anti-Corruption\r\nAffairs of the Republic of Kazakhstan.

When a journalist whose rights have been violated,\r\ndecides to challenge illegal actions of an official, he/she must have clear\r\nunderstanding of his/her aims: to start a row, to get a news hook for covering\r\nit in social networks or  to change the situation and to make the official\r\nstop determining at his/her own pleasure what media and journalists to admit to\r\nthe event. If the journalist intends to change the situation, it is more\r\neffective to appeal against illegal actions of an official to higher\r\nauthorities, including  the Administration of the President of the\r\nRepublic of Kazakhstan.

- Akim (governor) of the North-Kazakhstan region forbade compulsory\r\nsubscription to printed press.

Akim of the\r\nNorth-Kazakhstan region Kumar Aksakalov forbade compulsory subscription to\r\nprinted press. He made that statement  at\r\nthe August meeting of teacherson August 22. Teachers greeted the akim\'s words\r\nabout the incorrectness of compulsory subscription to printed press  with a standing applause.

 \"I often\r\nreceive messages from teachers complaining on compulsory subscription to\r\nnewspapers. I think it is totally unacceptale. I forbid this practice. Teachers\r\nshould not be involved in various irrelevant activities. If any attempts are\r\nmade,  I ask you to send appeals to me\r\nimmediately , \" Kumar Aksakalov said in his speech to the teachers.

4\r\n judicial acts were issued against media and citizens in connection with\r\nthe exercise of the right to freedom of expression , the receipt and\r\ndissemination of information on cases of protection of honor, dignity and business\r\nreputation (including 1 in cassation) in August. Three of them were in favor of\r\nthe media, journalists and citizens. 

The following actions chrges were\r\nfiled since the beginning of the year in connection with the exercise of the\r\nright to freedom of expression:

- 28 criminal charges, including\r\n11 in court.

- 46 claims and suits in civil procedure. Among them, 37 claims and\r\nlawsuits for protection of honor, dignity and business reputation. Claims for\r\ncompensation for non-pecuniary damage amounted to 229 million 300 thousand 1\r\ntenge in January-August. The courts collected 190\r\nthousand tenge.

The monitoring was done according to reports of the\r\nAdil Soz Foundation\'s correspondents  and information from open sources.

Head of monitoring service of Adil Soz Foundation\r\nElena Tsoi
\r\ne-mail: lena@adilsoz.kz

For all questions regarding the  monitoring, you\r\nmay also contact
\r\ninfo@adilsoz.kz