Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Violations of Freedom of Speech in Kazakhstan September 2020

1 september 2020

The International Foundation for the Protection of Freedom of Speech "Adil Soz" conducted a study of the situation with the right to freedom of expression, receipt and dissemination of information in Kazakhstan in September 2020.

 

It reports:

 

- The chief sanitary doctor of Almaty accused journalists of violating social distance while covering the September 13 rally.

At a briefing on September 14, Zhandarbek Bekshin, the chief sanitary doctor of Almaty,  accused journalists of violating social distance while covering  the September 13 rally: “Marking was made for so many people. At first, people stood on the marks, but at the end they, including the journalists, rushed to take interview, you saw them, they were in yellow vests, in lilac ones, in such greenish vests. "

Acoording to KazTAG reports, he also accused journalists that they want  the Sanitary and Epidemiological Service to wring hands of the rally participants.

 

- Reporter of RFE / RL Khadisha Akayeva was rudely detained by police in Semey. The journalist covered the protest actions.

Azattyk's reporter for the East Kazakhstan region Khadisha Akayeva was brutally detained by police in Semey on the evening of September 25 while making video of police arrest of blogger Daniyar Adilbekov. The journalist had a journalist's card with her and was wearing an identification vest with the word “Press” on it. Her mobile phone she used to make video, was taken away from her during detention.

“When they dragged me to the police wagon, they injured my finger, broke my nails and ripped out some hair,” Akayeva said.

The reporter was detained by the police for about half an hour, forced to sign an explanatory note, then released, claiming that she had been detained "by mistake."

 

- The deputy of the Ust-Kamenogorsk city maslikhat (local authotiry) accuses the reporter of inbusiness.kz for the East Kazakhstan region of slander.

 Yulia Mironova, the head of Vostok Avtoprom LLP, demanded to hold responsible the author of the article “New road signs caused a scandal  in Ust-Kamenogorsk” Zhanar Asylkhanova and other persons who wrote posts on social networks, the media, that reposted the message about the  new road signs purchased under a public procurement tender.

“When publishing the text, an inaccuracy occurred that was immediately corrected. The phrase “then two signs were made” was corrected to “then two signs were made for every 20 spots”. The applicant confirmed to the police that the article had been corrected, but there was no refutation or apology, the article was reposted as it was by other media and bloggers, and she believed that it negatively affected her, her health and business reputation, ” - informed inbusiness.kz. Then she  filed a claim  to the police.

According to the editorial office, Yulia Mironova did not contact the journalist or the editorial office with a demand to correct the error before filing the claim to police. Instead, she posted a video message on Instagram addressed to the president and first deputy chairman of Nur Otan, in which she asked to "stop the flow of negative articles aimed against her" and that "would not be able to cope with the enormous lie" wihthout their support.

 

- The Minister of Health, who has not come out to briefings with journalists since August due to his busy schedule, met with selected bloggers in Almaty.

“He answered the questions of selected bloggers in an informal meeting in Almaty. Who selected those bloggers - it is a question to the minister himself and his pr-strategists. The day before one of the members of the minister's pr-team assured journalists  that the minister has always been open to media, but he does not have a free minute, so he would come out to the press conference on Septermber 30, "plus or minus a day." He did not came to press since August 3. I do not count the press conferences held by Deputy Prime Minister and a couple of other ministers where they tried to mure up our mouth  and limited the questions  related to covid, statistics, and the upcoming new wave ”(Facebook, Irina Sevostyanova).

 

- The court of appeal upheld the verdict passed upon civil activist Alnur Ilyashev.

On June 22, Z. Makharadze, the presiding judge of the District Court No. 2 of the Medeu District of Almaty, sentenced civil activist Alnur Ilyashev to three years of restriction of liberty and  to forced labor for 100 hours a year.

A court also put the civil activist under probationary control  for the entire period of punishment.

The court also deprived  Alnur Ilyashev of the right to engage in  public activities and "voluntarily serving the political, cultural, professional needs of society", to create and take part in the activities of political parties, public associations and foundations for a period of five years.

On September 15,  Almaty City Appeal Court dismissed the complaint of Alnur Ilyashev.

“The court came to the conclusion that your actions, nevertheless, in your actions set of elements of an offense you are accused of and your guilt the  case files and  the presented evidence prove your guilt. Given the situation with the coronavirus at that time and the fact that  people were literally in a panic, your posts surely had a negative affect. Therefore, we have come to the conclusion that you are guilty. We also took into account your position that you want to continue to fight ... Still we will not be offended  if you file a complaint to the Supreme Court and international organizations. We will see what will come of it, ”the Vlast.kz website quotes Judge Bektemirova.

 

5  judicial acts were issued against media and citizens in connection with the exercise of the right to freedom of expression , the receipt and dissemination of information on cases of protection of honor, dignity and business reputation in September 2020. Two  of them were in favor of the media, journalists and citizens.

 

The following charges were filed  in connection with the exercise of the right to freedom of expression:

- 4 criminal charges, no one in  court.

- 2 claims and suits in civil procedure. One  of them was a claim for protection of honor, dignity and business reputation.

- 5 administrative charges

 

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

- 44  criminal charges (including 12 in court).

- 25 administrative charges

- 51  claims and suits in civil procedure.

Among them, 42  claims and lawsuits for protection of honor, dignity and business reputation.

- Claims for compensation for non-pecuniary damage amounted to 78 million 100 thousand  tenge. The courts collected 935 thousand  993  tenge.

 

 

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

 

Head of monitoring service of Adil Soz Foundation Elena Tsoi
e-mail: lena@adilsoz.kz

 

For all monitoring questions, you can also contact info@adilsoz.kz

Violations of Freedom of Speech in Kazakhstan September 2020
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