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 May 2019.
\r\nIt reports:
\r\nOn April 9,\r\n2019, the serving head of the Republic of Kazakhstan, Kasym-Zhomart Tokayev, in\r\nhis address to the people, announced the decision to hold early elections of\r\nthe President of the Republic of Kazakhstan. Mukhtar Ablyazov, the head of the\r\nDemocratic Choice of Kazakhstan (DCK) declared an extremist movement in\r\nKazakhstan, appealed to his associates to gather on May 1 and 9 for a protest\r\nrally to declare a boycott of the elections.
\r\nOn April 29\r\nand May 8, the Prosecutor General’s Office published an appeal to the people of Kazakhstan on its website, in which it warned about\r\nresponsibility for participating in unsanctioned meetings.
\r\nOn May 8,\r\npresidential spokesman Berik Ouali, in his Instagram account published a video\r\nshowing President Kasym-Zhomart Tokayev warning Kazakhstanis about\r\nparticipating in unauthorized protests.
\r\nOn the Day\r\nof Unity of the Peoples of Kazakhstan on May 1 and on the Victory Day on May\r\n9 crowded unsanctioned peaceful meetings\r\nwere held in the country. People demanded a fair vote, shouting the slogans\r\n“Nur-Sultan is not my city”, “Tokayev is not my president”, “The people are\r\ntired” and others.
\r\n\r\n
- On May 1 and 9, Kazakhstanis faced almost total blockade of social networks and online media\r\nresources.
\r\nOn the morning of May 9, the\r\nAzattyk, Vlast.kz, Holanews.kz, Informburo.kz, Exclusive.kz, Time.kz, regional\r\nmedia Uralsk Week, Ak Zhayik, page of the Kazakhstan Bureau for Human Rights\r\nwere unavaiable. Social networks reported blocking Lada.kz, inbusiness.kz, KazTag news agency,\r\nthe-village.kz.
\r\nBy noon, Almaty time, access to the\r\nInformburo.kz and Time.kz sites was restored. Shortly after, YouTube, social\r\nnetworks Facebook, Instagram, Telegram were blocked.
\r\nKCell provider responded toTwitter’s\r\nquestions (the only unblocked network) about the reasons for blocking: “At the\r\nmoment, technical work is underway. We are sorry that such situation has\r\noccured. On behalf of the company, we apologize for the inconvenience”.
\r\nAccording to the technical\r\nmonitoring conducted by the international non-governmental organization\r\nNetBlocks, that monitors the freedom of the Internet in the world, on May\r\n7-9, Twitter was the only social network\r\naccessible in Kazakhstan.
\r\n“The network data show that the\r\nrestrictions were set at the provider level either this morning or late\r\nWednesday evening,” the research group said.
\r\n\r\n
- The Nur.kz website and Almaty resident Talgat Salykov were fined for\r\nviolation of the election law (administrative court ruling of May 8 and administrative court ruling of May 14\r\nrespectively). The offense consisted in the fact that the online media outlet on its website and the Almaty resident on his\r\nVKontakte page published polls on the upcoming elections.
\r\nOn May 8, Internet Portal Nur LLP\r\nwas brought to administrative responsibility for violation of the polls rules.\r\nA fine in the amount of 75,750 tenge in state revenue was imposed on the\r\nInternet portal. Almaty resident Talgat Salykov was brought to administrative\r\nresponsibility under the same article and the same grounds - he was fined for 37875 tengefor violation of\r\nArt. 120 p. 3 of the Administrative Code of the Republic of Kazakhstan.
\r\nOn May 23, the Prosecutor General’s\r\nOffice reported that a resident of Almaty oblast was also brought to\r\nadministrative responsibility for the poll conducted on Facebook. An\r\nadministrative penalty in the form of a fine in the amount of 30 MCI (75,750\r\ntenge) into state revenue was also imposed on LLP “Publishing House“ Exclusive\r\n”.
\r\n- The Supreme Court has developed a draft regulatory resolution “On the\r\napplication of legislation on the protection of honor, dignity and business\r\nreputation in judicial practice”.
\r\nIn\r\nparagraph 14 of the draft, it is proposed to reinstate the respondent with the\r\nobligation to prove that the disseminated information is true. Paragraph 15 of\r\nthe document states: \"... the plaintiff has the right to choose such a\r\nmethod of protection as the restoration of the situation that existed before\r\nthe violation of the right, including \r\nformal apology for the harm done.
\r\n\"The\r\nInternational Foundation for Protection of Freedom of Speech Adil Soz has\r\nprepared proposals for a draft regulatory decree. The fund\'s proposals relate\r\nto the defendant’s obligation to prove the accuracy of the information\r\ndisseminated. The Foundation believes that the plaintiff should prove the\r\ninaccuracy of information and the fact of moral damage or damage to business\r\nreputation. As for the apology, Tamara Simakhina, the lawyer of the Foundation reminds: “Article 143 clearly\r\nprovides two methods of restoring a\r\ndamaged reputation — by publishing a refutation or publishing a free answer.\r\nThe Supreme Court has no right to introdue new methods, it can only use the\r\nones stipulated by the law. ”
\r\n- Journalist Tatyana Tokar aquitted of libel
\r\nOn\r\nMay 21, the court number 2 of Aktobe aquitted the journalist of \"Aktobe\r\nTimes\" Tatyana Tokar of an offense under Part 2 of Art. 130 and art. 131\r\nof the Criminal Code of the Republic of Kazakhstan due to the absence of corpus delicti in her\r\nactions. As it was reported that Tatyana Tokar was accused in slander and\r\ninsult by Irina Gurko, convicted in November 2016 for 9 years of\r\nimprisonment.The private prosecutor believes that the journalist in the article\r\n“A gang of fraudsters was put to jail” (“Aktobe Times” on 11/11/2016)\r\ndisseminated deliberately false information about her, and also insulted her,\r\ncalling her the organizer of the gang.The published article was based on the\r\nmaterials of the investigation, an open trial and a court sentence.
\r\n“The\r\njournalist wrote her article based on press releases and information from the\r\ncourtroom. Her actions do not constitute a crime. Therefore, the court decided\r\nto acquit Tatyana Tokar, ”judge Yerbol Abdykalykov said.
\r\nIrina\r\nGurko, while in the colony, participated in the court via video link. According\r\nto Judge Abdykalykov, a journalist has the right to file a lawsuit against\r\nIrina Gurko, who accused her of committing a criminal offense.
\r\n5 judicial acts were issued against media and\r\ncitizens in connection with the exercise of the right to freedom of expression\r\n, the receipt and dissemination of information on cases of protection of honor,\r\ndignity and business reputation in May\r\n2019. Three of them\r\nwere in favor of the media, journalists and citizens.
\r\nThe following charges were filed in connection with the exercise of the right\r\nto freedom of expression:
\r\n- 3 criminal charges, including 2 in\r\ncourt.
\r\n- 5 administrative charges\r\n(including 4 charges in violation of the election law)
\r\n- 8 claims\r\nand suits in civil procedure. Among them, 7 claims and lawsuits for protection\r\nof honor, dignity and business reputation.
\r\n- Claims\r\nfor compensation for non-pecuniary damage on cases on protection of honor,\r\ndignity and business reputation amounted to 3 million 600 thousand tenge.
\r\nThe following charges were filed\r\nsince the beginning of the year:
\r\n- 18 criminal charges.
\r\n- 36\r\nclaims and suits in civil procedure.
\r\nAmong\r\nthem, 34 claims and lawsuits for protection of honor, dignity and business\r\nreputation.
\r\n- Claims\r\nfor compensation for non-pecuniary damage amounted to 68 million 700 thousand\r\ntenge. The courts collected 2 million 50 thousand tenge.
\r\n- 11 – administrative offence charge.
\r\nThe monitoring was done\r\naccording to reports of the Adil Soz Foundation\'s correspondents and\r\ninformation from open sources.
\r\nHead of monitoring\r\nservice of Adil Soz Foundation Elena Tsoi
\r\ne-mail: lena@adilsoz.kz
For all questions\r\nregarding the monitoring, you may also contact
\r\ninfo@adilsoz.kz
