Violations of freedom of speech in Kazakhstan May 2024
The International Foundation for Protection of Freedom of Speech «Adil Soz» presents an overview of events reflecting the situation in Kazakhstan with freedom of expression, receipt, and dissemination of information in May 2024.
In May 2024, the following were recorded:
22 reports of violations of the rights of journalists, media, and newsmakers.
13 reports related to the right to freely receive and disseminate information, including 10 cases of refusals or restrictions on the provision of socially significant information.
10 reports of pre-trial and court claims and lawsuits against journalists, media outlets, and citizens, including a legal dispute over copyright infringement between bloggers (data on pre-trial and court proceedings do not include reports related to ongoing cases):
- 1 case in criminal proceedings;
- 6 court and pre-trial claims against media in civil proceedings;
- 3 administrative charges.
EVENTS IN MAY 2024
May 3. In the annual World Press Freedom Index by Reporters Without Borders, Kazakhstan ranked 142nd out of 180 countries, dropping 8 places compared to 2023.
The study notes that the quality of online news in Kazakhstan is improving, but repression is modernizing as control over the internet intensifies, the only space where independent media can express their views.
Among the concerning trends highlighted is a new "On Mass Media" law that will allow the government to strengthen control over the media. Additionally, there is a new provision stating that the Ministry of Foreign Affairs of Kazakhstan can deny accreditation to foreign journalists in cases deemed a "threat to national security."
Cyberattacks against the media have also increased recently, and journalists have become victims of targeted attacks on social media platforms due to their work.
May 20. On May 15-16, hundreds of people in the city of Kulsary in the Atyrau region, affected by floods, held a spontaneous protest, dissatisfied with the amount of compensation for their destroyed homes.
Dana Saudagerova, a journalist and strategic communications specialist, shared her observations regarding the coverage of these events by state media. While noting the prompt response and actions of the city and regional administration, the journalist pointed out that the official press release from the operational headquarters did not mention the protesters' demands. Additionally, the reports and news feeds from state, semi-state media, and bloggers gave the impression that there were no protests at all.
According to Dana Saudagerova, the people of Kulsary needed not only internal communication, where the head of the region spoke to them, but also external communication—they wanted to be heard.
She believes that "sugar-coated" stories and spreading narratives about artificial destabilization through "anonymous" Telegram channels is the wrong strategy.
May 21. On May 21, Prime Minister of Kazakhstan Olzhas Bektenov announced that during monitoring of media and social networks, 41 instances of false and incorrect information about floods in the country were identified. These falsehoods have been refuted by authorized agencies, and notifications have been sent to the owners of online platforms regarding 6 primary sources of false information, demanding the removal of fake materials. Notifications have also been forwarded to the Ministry of Internal Affairs for consideration of administrative penalties against individuals involved.
The bulk of false information was associated with the dissemination of fake messages in messengers.
According to the Prime Minister, 29 individuals have been held administratively accountable for spreading false information (6 arrested, pre-trial investigations initiated in 2 cases and others fined). Additionally, 92 unlawful publications have been sent to the Prosecutor General's Office for legal assessment, and preventive conversations have been conducted with social media users who posted such materials.
LEGISLATIVE CHANGES
May 18. The Ministry of Justice of Kazakhstan has published a draft advisory document to the draft law "On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan on Improvement of Legislation". It identifies several issues requiring resolution, such as:
Lack of interaction between developers and local executive bodies during law discussions, low citizen interest in the legislative process.
Complexity of legal language and lack of understanding among law enforcement entities.
Weak systemic efforts in legal clarifications.
Ministry analysts highlight key reasons for low citizen participation in project discussions: developers of legislative projects often do not see the real situation on the ground, fail to address population needs or regional specificities, etc. Additionally, existing platforms for public engagement in legislative processes are deemed insufficiently effective. Expert and public councils are developing institutions that have not yet reached full effectiveness.
Developers of the document also note low activity from representatives of NGOs and the existing to a certain extent "nihilism" among the population — citizens may not be aware of important project postings on the "Otkrytye NPA" portal or the opportunity to participate in the discussion process.
The problem is proposed to be solved by involving representatives of local executive bodies in the process of public discussion of conceptual documents and draft laws to organise public hearings on the projects.
May 29. On May 29, the Constitutional Court of Kazakhstan issued a resolution on the constitutional role of the prosecutor's office in representing the state's interests in court. Previously, the Prosecutor General had requested clarification regarding the participation of prosecutors in pre-trial investigations. This involved sanctioning unofficial investigative actions, searches, seizures, personal searches, property arrests, compulsory examinations, and involuntary placement of individuals not held in custody into medical facilities for forensic psychiatric and/or medical examinations, etc.
The Constitutional Court stated that the prosecutor's office must comprehensively represent the state's interests, particularly when there are potential violations of constitutional rights and freedoms of individuals due to the actions of certain officials within state bodies.
The Constitutional Court recommended that the Government, Supreme Court, Prosecutor General's Office, and other relevant state bodies consider improving the legal regulation of investigative judicial activities and the functions of the prosecutor's office during the pre-trial investigation stage to ensure protection of constitutional rights and freedoms of individuals.
Interference in the activities of the media/Censorship
In May 2024, there were 5 reported cases of interference in the activities of the media. This marks the highest number since the beginning of the year (1 case in January, 1 in April).
Analyzing data on interference and censorship over the years, the following trends can be observed:
In 2022, the number of such cases peaked at 9 reports. In 2023, there was a decrease to 6 reports, which is 33% less compared to the previous year.
In the first five months of 2024, 7 cases have already been recorded, indicating a trend towards an increase in the number of such incidents this year.
May 10. Editor-in-chief of Forbes Kazakhstan's ratings Ardak Bukeeva, in an interview with journalist Viktor Burdin, spoke about pressure from participants in the ranking of Kazakhstan's wealthiest individuals.
May 10. During a court session in Kostanay regarding a fine for not wearing a seatbelt, a judge suggested to journalist Andrey Skiba from "Nasha Gazeta" to publish an article about the proceedings after the ruling is issued. The judge also stated that the journalist could not record actions of the participants, although the participants themselves expressed no objection to their images being published in the media.
May 16. Administrator of the Instagram public page "bishkul_city" Vera Sozinova, revealed that local officials requested the removal of videos of mass protests from Kulsary (Atyrau region) from the group.
May 25. Journalist from Uralsk Lukpan Akhmedyarov reported that his year-old post on Facebook, warning against the deployment of Kazakhstani military personnel to Ukraine to fight on the side of Russia, was deleted. According to Akhmedyarov, Facebook deemed this post and another one as hostile expressions. Other Facebook users commented that their posts were also removed by the social network.
Trial on charges of disseminating false information by the editor-in-chief of the investigative project ProTenge Jamila Maricheva
On May 2, in the interdistrict specialized court for administrative offenses in Almaty, the trial began regarding the accusation against Jamila Maricheva, the chief editor of the investigative project ProTenge, for disseminating false information (Article 456-2 of the Administrative Offenses Code of the Republic of Kazakhstan).
The administrative case stemmed from a post by the journalist in support of her colleagues from "Radio Azattyk", who were denied accreditation by the Ministry of Foreign Affairs. According to the court, on January 30, Jamila Maricheva posted and spread false information about the reasons for the accreditation refusal, citing new amendments being discussed at that time to the draft law "On Mass Media".
"I believe that the information published in the ProTenge telegram channel corresponds to reality and in no way disrupts public order or violates the rights and interests of citizens. I find it difficult to understand why this publication has garnered so much attention and so many representatives of the police leadership", Maricheva said in court.
Her lawyer demanded the case be dismissed, citing violations of the journalist's rights during detention and the drafting of the administrative protocol.
On May 13, the court fined Maricheva 73,840 tenge for distorting facts about the reasons for the accreditation refusal of "Radio Azattyk" journalists. The decision has not yet come into force.
Trial on expulsion of journalist Marina Nizovkina from Kazakhstan
On May 2, the interdistrict civil court of Shymkent dismissed the police department's lawsuit seeking to expel Marina Nizovkina, the editor of the Vera.kz website, from Kazakhstan.
The process was initiated based on a statement from the migration service department of the Shymkent police. Rustem Ashetaev, a member of the public council, also participated in the process, alleging that the journalist, who holds Russian citizenship, had interfered in Kazakhstan's internal affairs.
The police justified their demand for expulsion by citing administrative offenses committed by M. Nizovkina: traffic violations, conviction for defamation, and residing at an unregistered address.
During the trial, the journalist's lawyers pointed out that Marina Nizovkina was being persecuted for her professional activities, specifically her investigative journalism and frequent critical coverage of police work.
Also in May:
May 21. On May 21, the investigative court of Astana extended the detention of blogger Daniyar Adilbekov until June 27, 2024. According to Adilzhan Mautkanov, Adilbekov's lawyer, the court made this decision "because there is evidence that Daniyar intends to flee and continue criminal activities", as well as due to concerns that Adilbekov could exert pressure on individuals whom the investigator will question. Adilbekov himself considers such a decision absurd.
As a reminder, Daniyar Adilbekov was detained on April 1, 2024, and subsequently arrested for two months by court order on suspicion of knowingly false denunciation of a crime. According to the lawyer, Vice Minister of Energy Yerlan Akkenzhanov, journalist Gulzhan Ergaliyeva, and an Arab investor of the Astana airport filed statements with the police in connection with five publications on the Telegram channel "Dikaya Orda".
Initially, the investigation was conducted under the article "Dissemination of knowingly false information," which later was reclassified by the investigation to "Knowingly false denunciation" (Article 419 of the Penal Code of Kazakhstan). Adilbekov was arrested under this article. On April 19, the Adilbekov's lawyer announced that Article 419 was reclassified to Article 274 of the Penal Code of Kazakhstan. In early May, investigators again returned to the charge of knowingly false denunciation.
May 29. The Almaty Police Department has been conducting a pre-trial investigation under the article on dissemination of information about private life. The case was initiated based on a complaint from Elena S. from Almaty regarding publications by several journalists mentioning her expunged criminal record.
Journalist Oleg Gusev from Temirtau learned about the investigation on May 2, when police contacted him to forcibly bring him to Almaty for investigative actions. However, Gusev claims that since the case was opened on December 12, 2023, no one had called him or sent him summonses. Later, it was revealed that there was an identification error, and a different person with similar data had been previously questioned. During questioning on May 8, Gusev found out that his status had been changed from "witness with the right to protection" to "suspect".
Journalist Irina Moskovka from the newspaper "Vremya" is also involved in this case as a "witness with the right to protection".
The monitoring was prepared according to reports to correspondents of the «Adil Soz» Foundation and information from open sources.
Head of the Monitoring Service of the «Adil Soz» Foundation - Elena Tsoy
Email: lena@adilsoz.kz
For all monitoring-related inquiries, you can also contact: info@adilsoz.kz
