Violations of freedom of speech in Kazakhstan. April 2020

The International Foundation for the Protection of Freedom of Speech\r\n\"Adil Soz\" conducted a study of the situation with the right to\r\nfreedom of expression, receipt and dissemination of information in Kazakhstan\r\nin April 2020.

It reports:

-  Further prosecution of\r\njournalists, bloggers, civil activists was observed in April. They were charged\r\nin criminal and administrative offenses overlaid by being committed during the\r\nstate of emergency. The prosecutions resulted in detention, arrests, and fines.\r\nKazakhstani and international human rights activists demand not to use the\r\nstate of emergency to stifle criticism and for crackdown on dissents.

April it\r\nwas recorded:

- 4 facts\r\nof detention of journalists, bloggers, civic activists;

- 5\r\npre-trial investigations of a criminal charge of disseminating knowingly false\r\ninformation.

- 14\r\nadministrative proceedings in pretrial and judicial order.

-  Journalists faced a problem in\r\nmoving freely since an electronic permission system was introduced.

On April\r\n14, a new website infoalmaty.kz was launched in Almaty. It was intended to\r\ncompile a list of vehicles and city residents who are allowed to move around\r\nthe city for the period of quarantine. Enterprises from strictly definite\r\nspheres were to submit applications via the website to get permissions for\r\ntheir employees to move in the city.

Almaty\r\nakimat (mayor\'s office) announced that it would take two days to complete the\r\nlist of permissions - till 00:00 on April 16.

Representatives\r\nof most media outlets complained that they could not register their media in\r\nthe new database, and therefore journalists could not move around the city and\r\ndo their job. When submitting an application on the infoalmaty.kz website, they\r\nreceived a message stating that their type of activity was not included in the\r\nlist of the activities authorized by the Operational Headquarters.

- On April\r\n21, journalists of the Karaganda TV-channels working in cities with a special\r\nquarantine zone (Karaganda, Abay, Saran, Temirtau, Shakhtinsk) were stopped by\r\npolice and warned that journalists could only move from home to office and back\r\nduring hours limited by the decision of the regional sanitary doctor. This\r\ndecision was introduced on April 21.

The\r\nspokeperson of the  sanitary doctor of\r\nthe Karaganda region told  the\r\njournalists that according to Resolution No. 12, journalism was not included to\r\nthe list of the authorized  activities.

The same\r\nevening, Marina Shapovalova, the head of the press service of the akim of the\r\nKaraganda region, wrote in WhatsApp chat of the press service of the Karaganda\r\nregion akimat: “Colleagues, we are seeing into the matter. The Resolution does\r\nnot prohibit journalism ” The next noon she informed problem would be solved\r\nand journalism would be included into the list of authorized activities...by\r\nthe  weekend (April 25–26).

- Dmitry\r\nMatveev, the correspondent  of Ratel.kz\r\nfor the Aktobe region,  was stopped\r\nseveral times by police patrols while he was on duty. The journalist presented\r\nto the police officers his official media certificate, an identity card, an\r\neditorial assignment, a certificate of employment, but the policemen said that\r\nthe journalist needed a certificate from the akimat, giving him the right to\r\nfree movement around the city. Besides the police demanded that the specific\r\naim was stated in the editorial assignment. Police was not satisfied with the\r\nwording “is entrusted for the period of emergency and quarantine in the\r\nRepublic of Kazakhstan to carry out professional activities in the city of\r\nAktobe, cover public events, official and other events, prepare reports from\r\nthe venues, and conduct interviews with public and other persons”.

When Dmitry\r\nMatveev complained to the press secretary of the regional akim and the press\r\nsecretary of the Aktobe region police department, she advised him ... to call\r\nthem every time whenever police stops him.

- The Mazhilis (lower\r\nchamber) of the Parliament is discussing the draft law “On Amendments and\r\nAdditions to Some Legislative Acts of the Republic of Kazakhstan on Improving\r\nEnforcement Proceedings”. In accordance with the draft law article\r\n\"slander\" is transferred to the administrative code.

To do that\r\nChapter 10 of the Code of Administrative Offenses of the Republic of Kazakhstan\r\n- Administrative offenses encroaching on the rights of an individual - is\r\nsupplemented by article \"73-3. Slander\".

 It is proposed to punish Slander committed\r\npublicly or using the media or telecommunications networks, with a fine from\r\n180 Monthly calculated index (MCI) to 650 MCI or administrative arrest for a\r\nperiod of 20 to 25 days.

Slander\r\ncommitted in public, expressed in \r\naccusation of  corruption, or\r\ncommitting  grievous  or extremely grievous crime would be\r\npunishable by a fine of 200 to 750 MCI or administrative arrest of 25 to 30\r\ndays.

The draft\r\nlaw also amends Article 174 of the Criminal Code of the Republic of Kazakhstan\r\n- Incitement to social, national, tribal, racial, estate or religious hatred.\r\nIn the title of Art. 174 the word “Stir up” is replaced by the word “Incite”.

Additional\r\npunishment in the form of a penalty in the amount of 2000 MCI to 7000 MCI or\r\nrestriction or imprisonment  would be\r\nintroduced (the current edition of the criminal code stipulates  restriction of freedom for a period of 2 to 7\r\nyears or imprisonment for the same term).

The bill\r\nwas submitted to the Senate of the Parliament of the Republic of Kazakhstan.

-  “Reporters Without\r\nBorders”ranked Kazakhstan 157 out of 180 in its \"The World Press Freedom\r\nIndex”. Minister of Information and Public Development Dauren Abayev doubted\r\nthe accuracy of the rating.

.“Reporters\r\nWithout Borders” noted that the Internet was often blocked at the time of the\r\ntransit of power in Kazakhstan, especially the Radio Azattyk website, Google\r\nservices and the Telegram messenger.

The RFS\r\nbelieved that it is time for  Kazakhstan\r\nto get rid of the \"legacy of censorship inherited from the previous government.

\"The\r\nMinister of Information and Social Development of Kazakhstan, Dauren Abayev,\r\nsaid that he doubted the objectivity of the rating: “Our rank does not reflect\r\nobjective reality. I will say more: many representatives of foreign\r\nfoundations, non-governmental organizations that work in Kazakhstan recognize\r\nthat. Dozens of foreign journalists are accredited in our country. And I am\r\nsure that it is much more comfortable for them to carry out their professional\r\nactivities in Kazakhstan than in dozens of countries that are ahead of us in\r\nthis rating.

1  judicial act was 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 April\r\n2020.

 The\r\nfollowing charges were filed  in\r\nconnection with the exercise of the right to freedom of expression:

- 8 criminal charges, including\r\n1  in court.6 of them are charges of\r\ndisseminating false information brought against journalists, bloggers and civic\r\nactivists.

- 4 claims\r\nand suits in civil procedure. All of them were claims for protection of honor,\r\ndignity and business reputation.

- 14 administrative cases. 11 of\r\nthem are charges  of violating the state\r\nof emergency and of actions provoking a violation of law and order in emergency\r\nsituations brought against  journalists,\r\nbloggers, and civil activists.

The following charges were filed since the beginning of the year:

- 22 criminal charges including 7\r\nin court

- 15 administrative charges.

- 26\r\nclaims and suits in civil procedure.

Among\r\nthem, 22 claims and lawsuits for protection of honor, dignity and business\r\nreputation.

- Claims\r\nfor compensation for non-pecuniary damage amounted to 28 million 500 thousand  tenge. The courts collected 330 thousand  993  tenge.

The monitoring was done\r\naccording to reports of the Adil Soz Foundation\'s correspondents  and\r\ninformation from open sources.

Head 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