The International Foundation for the Protection of\r\nFreedom of Speech \"Adil Soz\" conducted a study of the situation with\r\nthe right to freedom of expression, receipt and dissemination of information in\r\nKazakhstan in July 2021.
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It reports:
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- On July 25, direct\r\nelections of akims (mayors) of cities of regional significance, villages,\r\ntownships and rural districts were held in Kazakhstan. Journalists faced\r\nobstacles in covering the vote.
\r\n- Miyat Kashibay,\r\n\"The Qazaq Times\" reporter covered the elections of the akim in the\r\nvillage of Abai, Zhambyl region. After he began publishing posts on Facebook\r\nabout low public involment in the vote, the members of the precinct election\r\ncommission demanded that he presented a negative PCR test for COVID-19. When\r\nthey learnt that he was a journalist did not have a PCR certificate, they\r\ndemanded him to leave the precinct.
\r\n- On June 25, at 09.36\r\nam, Zh. Okasova, the chairman of the commission at polling station 415 in the\r\nvillage of Chapaevo, Almaty region, \r\ntried to prevent Radio Azattyk reporter \r\nManas Kaiyrtayuly from entering the precinct. She thoroughly\r\nchecked the editorial assignment for\r\n\"compliance with the rules\" and stated that the journalist had to\r\nleave the polling station, as there was no \"sufficient reason\" for\r\nhim to be there. The editorial assignment said that the journalist\'s task\r\nwas to cover the elections.
\r\n- The polling station\r\nNo. 811 was located in the lobby of the Сommunity Сentre in the village of Peshkovka, Fedorovskiy\r\ndistrict, Kostanay region. Andrei Skiba, Nasha Gazeta reporter was not allowed\r\nto enter the polling station, even after he presented the editorial assignment,\r\nsealed and signed by the\r\neditor-in-chief. Journalists and\r\nindependent observers were allowed only by check-in via COVID-19 QR code system\r\n(Ashyq). Andrei Skiba was also unable to get to another polling station, No.\r\n810, located on the second floor of a local bakery (Bolshanskoye LLP). Ashyq\r\napp was not required there, but journalists were told to provide either the\r\nresults of a PCR test or a vaccination certificate. It was possible only via\r\nEgov app (Electronic government) and the phone number had to be registered in\r\nthe Database of Mobile citizens.
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- On July 29, in\r\nNur-Sultan, police officers detained journalist Lukpan Akhmedyarov and\r\ncameraman Isatay Duysekeshov when they were making a panoramic video of the city at the corner of\r\nSagynak and Sauran streets. A report on administrative violation was drawn up\r\nagainst the journalists, they were charged for violating the rules for the use\r\nof airspace.
\r\nThe journalist and the cameraman filmed a panorama of the city at the\r\ncorner of Sagynak and Sauran streets using a drone. After about 5 minutes from\r\nthe start of filming, a police patrol car drove up to them. Police inspectors\r\nOraz Otegenov and Marat Baltabay demanded that the journalists show them\r\npermission to launch the drone. At that the police officers could not explain\r\nwhich authority issues such a permit. The journalists were taken to the police\r\ndepartment of the Esil district of Nur-Sultan, to the office of Marat Dubayev,\r\nthe first deputy head of the police department. The latter said that\r\nadministrative proceedings would commence against the journalists under Article\r\n563 of the Administrative Code of the Republic of Kazakhstan \"Violation of\r\nthe rules for the use of airspace.\" The journalists demanded to draw up a\r\nprotocol of detention and read their rights, but Dubayev refused, saying that the police did\r\nnot prosecute them and just opens a case that would be transferred to the\r\nMinistry of Defense of the Republic of Kazakhstan.
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- Journalist Serikzhan\r\nMauletbai and human rights activist Bakhytzhan Toregozhina were on the list of\r\nKazakhstanis whose phones were tapped using a spy program .
\r\nThe Organized Crime and\r\nCorruption Reporting Project (OCCRP) has released information on the use of\r\nstate-of-the-art spyware to wiretap journalists, politicians and civil society\r\nactivists in more than 10 countries, including Kazakhstan. OCCRP named of journalists Serikzhan Mauletbai and\r\nBigeldy Gabdullin, online activist and legal defender Bakhytzhan Toregozhina in\r\nits report.
\r\nRFE / RL asked Sadyk\r\nAkezhan, spokesman of the government, to\r\ncomment on the OCCRP study. He called it \"absurd\" to use of spyware\r\nto potentially hack smartphones of high-ranking persons, journalists and\r\nactivists. He added that OCCRP investigation results are within the competence\r\nof relevant departments and special services.
\r\nMaksat Tulegenov, a\r\nspokesman for the relevant ministry of digital development, innovation and\r\naerospace industry, also said that the issue is not within the competence of\r\nthe ministry. He did not specify who could is competent to comment possible wiretap of smartphones.
\r\nThe press service of\r\nthe National Security Committee told Azattyk reporters that it was not going\r\nto comment on the published report. It\r\nsaid that \"it cannot react to\r\neverything, and if anthing happens, the information would be available on the [KNB] website.\"
\r\nThe Ministry of\r\nInformation and Social Development of Kazakhstan told Azattyk that \"the\r\nissue is being studied.\"
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- The administrative\r\nprocedural procedural code came to force on July 1. The main purpose of the\r\nCode is to protect the rights and legitimate interests of citizens and business\r\nentitites in disputes with government agencies.
\r\nThe Code regulates the\r\nrelations of the state bodies, administrative bodies, officials, as well as\r\nindividuals and legal entities.
\r\nBerik Uali, the\r\nspokesman of the President, wrote on\r\nFacebook: “Claims against administrative bodies will now be considered on the\r\nbasis of the principle of \'presumption of guilt of the administrative body\'. It\r\nis not the applicant, but the administrative body that will have to prove in\r\ncourt the validity of its decision. Not only administrative bodies will be\r\nresponsible for formal replies and red tape, \r\nbut also the ones who made the decision. \"
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6 judicial acts\r\nwas issued against media in connection\r\nwith the exercise of the right to freedom of expression , the receipt and\r\ndissemination of information in July 2021. Five of them were in \r\nfavor of defendants.
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The\r\nfollowing charges were filed in\r\nconnection with the exercise of the right to freedom of expression:
\r\n- 4\r\ncriminal charge (2 in court)
\r\n- 7 civil claims and lawsuits (all of them for\r\nprotection of honor, dignity and business reputation).
\r\n- 6 administrative charges
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The\r\nfollowing charges were filed since the beginning of the year:
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- 20 criminal charge (9 in court).
\r\n- 44 claims and suits in civil procedure (42 of\r\nthem for protection of honor, dignity and business reputation).
\r\nClaims for compensation\r\nfor non-pecuniary damage amounted to 25 \r\nmillion tenge. The courts collected 1 million 140 thousand tenge.
\r\n- 25 administrative\r\ncharges
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The monitoring is based on the reports of the Adil Soz\r\nFoundation\'s and publicly available information
\r\nHead of monitoring service of Adil Soz Foundation
\r\nElena Tsoi
\r\ne-mail: lena@adilsoz.kz
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For all monitoring questions, you\r\ncan also contact info@adilsoz.kz
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