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 July 2022

1 july 2022

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 July 2022.

 

Itreports:

 

- Makhambet Abzhan, the founder of the ABZHAN NEWS Telegram channel, was detained on suspicion of extortion. Observers suggest that the journalist was "set up".

In early morning of July 3, Makhambet Abzhan, the founder of the telegram channel ABZHAN NEWS, was detained in Nur-Sultan.

According to the anti-corruption service, the journalist is suspected of extorting 50 million tenge from an entrepreneur for non-dissemination of defamatory information. According to the anticorruption service, Abzhan was caught red-handed and placed in the detention center of the city of Nur-Sultan.

The remarkable fact is that the money was transferred in the old-fashioned way, in cash and video of the detention was distibuted promptly. It shows the policemen counting the banknotes in an emphatic manner and putting them in the plastic bags prepared beforehand. Photos and videos immediately appeared from the scene, and a press release was distributed almost immediately. This gives observers reason to believe that the journalist was "set up" to stop his investigations into the actions of high-ranking officials.

 

- The Supreme Court fully acquitted journalists Seitkazy and Asset Matayevs

On July 6 Lawyer Dzhokhar Utebekov shared good news - the Prosecutor General's Office filed a protest against the verdict against Seitkazy Matayev, the chairman of the Union of Journalists of the Republic of Kazakhstan, the president of the National Press Club,  and Asset Matayev, the general director of the international news agency KazTAG. Heraings at the Supreme Court are supposed to be held in the next two weeks.

As it was reported, on October 3, 2016, Seitkazy Matayev was sentenced to six years in prison, and Aset Mataev was sentenced to five years in prison on economic crimes charges. Both of them did not plead guilty, and rebuted alll charges. A number of national and international journalistic and human rights organizations considered the criminal prosecution and the court verdict to be  politically motivated. Seitkazy was released on parole in December 2017, Aset was released in March 2018.

Since then, all petitions for reversal of the criminal case were rejected  by the highest courts. “I should admit that there are certain changes in the socio-political situation of the country. Sure some positive changes were caused by judiciary reform, but to a much greater extent it is the result of changes in the political situation. Earlier Seitkazy Matayev had announced the names of his enemies before the court. And we all saw the fall of those people recently,” Dzhokhar Utebekov commented on the protest of the Prosecutor General’s Office.

On July 19, the Collegium for Criminal Cases of the Supreme Court fully acquitted journalists Seitkazy and Asset Matayevs, reversed the decision of the Esil Court No. 2 and the appellate instance of the Astana City Court for lack of corpus delicti and rehabilitated them in full.  The Matayevs have the right to compensation for damage caused by the illegal actions of the bodies involved in the investigation of the criminal case.

The case  was heard in the Supreme Court on the protest of the Prosecutor General of the Republic of Kazakhstan, who requested to cancel the judicial acts issued against the Matayevs and send the case for a new trial to the court of appeal.  In their turn Asset Matayev and lawyer A. Oralbay asked to satisfy the protest of the Prosecutor General in part - to cancel the judicial acts and dismiss charges due to the absence of corpus delicti in the actions of the convicted.

 

- Court hearings on charges on attempted murder of the editor of "Sary Agash info" Amangeldy Batyrbekov began in Turkestan region

The specialized inter-district court for criminal cases of the Turkestan region began hearing the case against those suspected of attempted murder of journalist Amangeldy Batyrbekov, Ratel.kz reports.

Five people were charged.

According to investigators, the suspect in ordering the murder is Bauyrzhan Mayrikhov, who served as head of the education department of the Saryagash district of the Turkestan region.

Psychologist Sabyrkhodzha Moldakhodzhaev, born in 1985, is suspected of finding and hiring killers.

Three residents of the region - Abdukhamid Kuandykov, born in 1988, Meirzhan Dosbolov, born in 1996, Nurgali Kydyraliev, born in 2000 are involved in the case as suspects in the attempted murder.

The defendants were also charged with a number of other crimes.

 

- Journalist Olesya Vertinskaya was attacked in Atyrau. Police reported detention of the suspect.

On July 19, Olesya Vertinskaya, a reporter for the Road Control news website, was attacked near the house where she lives. When she left the house, an unknown young man approached her, asked for help, and then hit her hard in the face. Olesya fell from the blow, and the attacker began to kick her. A passerby saved her and Olesya's son called an ambulance. Computed tomography revealed a displaced nasal fracture.

Olesya Vertinskaya filed a complaint with the police.

It is noteworthy that a few days before the attack, on July 16, Olesya received a message from a hidden number that said strongly advised her to "be careful" with a certain LLP and its owner. On the same day, Olesya filed a complaint to the prosecutor's office saying that she was   threatened, and she feared for her life.

On July 22, the press service of the Atyrau Region Police Department announced that it identified and detained a suspect - a man born in 1999. The investigation is underway.

 

- Orda.kz website was temporarily closed due to DDoS attacks that have been ongoing since July 21.

On July 24, the Orda.kz website was temporarily closed due to DDoS attacks that had been ongoing since July 21.

"From Thursday 6:00 p.m., a non-stop DDoS attack has been going on on the Orda.kz website, corporate mail and all our social networks. The scale of the attack is comparable, let's say, to the attack on Pearl Harbor. Experts are surprised, they say that it could cost the person who ordered it  hundreds thousand dollars. We fight back with all our might, not always with success, but the website CMS does not work, the website is not updated, " Gulnar Bazhkenova, the editor-in-chief said.

As of the beginning of August, the Orda.kz website does not function. Journalists publish thier articles in social networks.

 

The following charges were filed in connection with the exercise of the right to freedom of expression in July 2022:

- 2 criminal charge (none in court)

- 9 civil claims and lawsuits (8 of them for protection of honor, dignity and business reputation).

- 1 administrative charge

 

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

- 14 criminal charges (5 in court).

- 24 claims and suits in civil procedure (19 of them for protection of honor, dignity and business reputation).

Claims for compensation for non-pecuniary damage amounted to 11 million 350 thousand  tenge. The courts collected 800 thousand tenge.

- 16 administrative charges, including 7 related to January riots

The monitoring is based on the information of the Adil Soz Foundation's reporters and publicly available information

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 July 2022
Ask your question