Violations of freedom of speech in Kazakhstan October 2024

20 january 2025

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 October 2024.

In October 2024, the following were recorded:

20 reports of violations of the rights of journalists, media outlets, and newsmakers, including:

8 cases of obstruction of lawful professional activities of journalists and media,

2 instances of interference in the activities of media,

2 summonses to law enforcement, supervisory, and regulatory authorities,

2 threats to media outlets, journalists, and bloggers,

and others.

30 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,

4 instances of media discrimination,

1 violation of the principle of transparency in judicial proceedings,

and others.

10 reports of pre-trial and court claims and lawsuits against journalists, media outlets, and citizens (data on pretrial and judicial proceedings do not include reports related to ongoing cases). These include:

8 civil lawsuits and pre-trial claims against media outlets,

2 administrative court proceedings (related to defamation and violations of election laws).

Events in the Country

President on the Work of Akims, Bloggers, and Criticism of Authorities

3 October 2024

At the second republican forum of maslikhat deputies of all levels, President Kassym-Jomart Tokayev stated that criticism of akims (regional governors) is a normal practice for a democratic society. However, he expressed concern about the actions of certain individuals "considering themselves bloggers," who, according to him, cross boundaries by monitoring every step of akims, interfering with their work, or even issuing threats.

The President emphasized that every akim must be open to dialogue and capable of engaging in constructive exchanges with citizens. However, Tokayev deemed "hype, sensationalism, and violations of the law" unacceptable.

"No one should disregard the law. The interests of the state must take precedence over the personal interests of various populists. Bold decisions should not be avoided due to fear of public criticism or responsibility. Attention must be paid to any pressing issue in a timely manner, including information attacks. Once again, I stress: the task of akimats and maslikhats is to strictly follow state policy and implement it in the collective interest," Tokayev noted.

Referendum on the Construction of a Nuclear Power Plant

6 October 2024

On the day of the referendum regarding the construction of a nuclear power plant in Kazakhstan, 12 cases of violations of journalists' rights were recorded. This marks a 36% increase compared to the referendum on constitutional amendments in June 2022, which saw 11 incidents.

A comparative analysis indicates a reduction in cases of obstruction to journalists' work at polling stations but an increase in reports of restricted access to information.

In September and October 2024, three court cases were held related to accusations of violating election legislation:

On 3 October, a court in Uralsk fined the founder of the "Uralskaya Nedelya" newspaper, LLP "Journalistic Initiative," for conducting a blitz interview. Journalists asked local residents if they were aware of the upcoming referendum on 6 October and their opinions on the nuclear power plant project. Some supported it, while others opposed it.

The court deemed the journalists' actions as conducting a public opinion poll related to the referendum. The International Foundation for Protection of Freedom of Speech "Adil Soz" stated that opinions expressed in the media by one, two, or more individuals do not constitute a sociological survey and therefore do not fall under parts 1 and 2 of paragraph 9, Article 28 of the Constitutional Law "On Elections in the Republic of Kazakhstan."

Legislation

Approval of the Standard Regulation on the Media Self-Regulation Council

15 October 2024

By order of Acting Minister of Culture and Information Aigerim Kurmanova dated 9 October 2024, the "Standard Regulation on the Public-Professional Council for Media Self-Regulation" was approved. The primary goal of the Council is to ensure adherence to the high professional standards of the Journalists' Ethical Code (hereinafter referred to as the Code) in the activities of mass media.

The Council functions as an advisory body created to develop proposals and recommendations for the advancement of the media sector and the promotion of professional standards outlined in the Journalists' Ethical Code. Its main role is to draft this Code, incorporating suggestions from regional councils.

The Council comprises a chairperson, a deputy chairperson, and no fewer than seven members elected at a general assembly from representatives of media outlets and professional associations. Meetings will be held at least once a quarter, primarily in an online format.

Commentary by the "Adil Soz" Foundation

The Foundation expressed concern that the structure of the Council, as outlined in the Standard Regulation, does not align with the principles of self-regulation stated in Article 41 of the Law "On Mass Media." The Council is described as a permanent body under government agencies, which contradicts the concept of self-regulatory organizations.

Additionally, the Standard Regulation lacks clarity regarding key aspects such as who participates in the general assembly, the procedures for convening and decision-making during the assembly, and the mechanisms for approving regulations for individual councils.

Court Proceedings in the Journalists’ Lawsuit Against the Ministry of Culture and Information and the Ministry of Justice

On October 7, the Interdistrict Civil Court of Astana accepted a class-action lawsuit filed by nine journalists challenging the provisions of the “Standard Rules for Accreditation of Journalists.”

The key issue lies in a provision prohibiting accredited journalists from disseminating information received from government bodies through any media outlets other than those that accredited the journalist. This was highlighted in a press release by the International Foundation for Protection of Freedom of Speech “Adil Soz,” which is providing legal support to the journalists. If this provision is violated twice, the journalist may lose their accreditation for up to six months.

The court hearing took place on October 31. The court rejected the plaintiffs’ motion to appoint a linguistic examination, which had been requested by the plaintiffs’ representative, “Adil Soz” Foundation lawyer Sergey Utkin. Utkin asked the experts to clarify whether the disputed provision of the Rules prohibits journalists from disseminating information obtained in any way other than through the media outlet that had submitted the accreditation request on their behalf.

The Ministry of Culture and Information maintains that the contested provisions apply only to officially registered media outlets, but the ministry has refused to provide an official interpretation of these rules. Additionally, representatives of the ministry insist that journalists must submit separate accreditation requests for each media outlet they collaborate with.

The Ministry of Justice, initially involved as a third party, was later designated as a defendant. Representatives of the ministry stated that the order was adopted in full compliance with procedures and does not violate the law.

According to the “Adil Soz Foundation”, the defendants' stance, instead of offering clear and definitive answers to the journalists’ concerns, has only raised more questions.

In its publication “Several Questions After the First Court Hearing on the Annulment of the Standard Rules for Media Accreditation”, the foundation analyzes the issues that arose during the initial court hearing of the journalists’ lawsuit against the Ministry of Culture and Information of Kazakhstan. The foundation highlights contradictions in the ministry’s position on accreditation, pointing out legal inconsistencies that could, in practice, leave accredited journalists in a vulnerable position.

The analysis of the first day of the hearing can be found at the following link: https://adilsoz.kz/en/news/several-questions-after-the-first-court-hearing-on-the-annulment-of-st.html.

Court Proceedings in the Case of Daniyar Adilbekov

In March 2024, journalist Daniyar Adilbekov was arrested in Astana in connection with a pretrial criminal investigation regarding posts on the anonymous Telegram channel “Dikaya Orda”. His detention was repeatedly extended despite petitions filed by his lawyers.

In July, the case materials were submitted to the Astana court. Daniyar Adilbekov was charged with spreading false information via the “Dikaya Orda” Telegram channel, based on complaints from journalist Gulzhan Yergaliyeva and a representative of Astana Airport. He was also accused of filing a false report regarding corruption allegations against Deputy Minister of Energy Yerlan Akkenzhenov.

On October 18, 2024, the court found Adilbekov guilty under two articles of the Penal Code of the Republic of Kazakhstan: dissemination of knowingly false information and filing a knowingly false denunciation of a corruption offense. He was sentenced to 4 years and 6 months of imprisonment. A second de fendant, Yerlan Saudegerov (alleged by investigators to be the journalist’s source of information about Deputy Minister Akkenzhenov), was given a suspended sentence of 3 years.

Adilbekov maintains his innocence. During the investigation and court hearings, his lawyers argued against the charge of filing a knowingly false report, asserting that Adilbekov had merely highlighted suspicious aspects in the oil sector to draw attention to them.

On October 18, the International Foundation for Protection of Freedom of Speech “Adil Soz” expressed concern over the application of certain articles of the Criminal Code of Kazakhstan to journalists and users of online platforms in connection with publications about criminal offenses.

“We believe such practices undermine journalists’ ability to carry out their professional duties and contradict the principles of freedom of speech,” the foundation stated.

Adil Soz also argued that the absence of written warnings about criminal liability for knowingly filing false reports should exclude the element of a crime for journalists or online platform users who publish information in the media about suspected criminal offenses. According to the foundation, the law explicitly links intent to file a knowingly false report with a mandatory written warning.

Otherwise, human rights defenders argue, the principle of equality before the law and the courts, enshrined in Article 14 of the Constitution, is violated.

On October 29, Kazakhstan’s media community addressed the President with an open letter, calling the verdict against Daniyar Adilbekov disproportionate and demanding protection of freedom of speech.

“The absurdity of the verdict lies in the fact that, apart from the testimonies of the victims, the accusations are based solely on expert analyses indicating that Daniyar's posts allegedly harmed the honor, dignity, and business reputation of the victims. Such cases, however, are explicitly subject to civil proceedings as outlined in Article 143 of the Civil Code.

We are also convinced that in criminal proceedings, the falsity of the information cited by Adilbekov cannot be proven solely by the testimonies of the victims. The authorities failed to substantiate the alleged falsity of the information, whereas the defense presented sufficient documentary evidence to the court, demonstrating that Daniyar’s claims were derived from open sources,” the letter to the President states.

Over the past decade, since 2015, the monitoring conducted by the International Foundation for Protection of Freedom of Speech “Adil Soz” has not recorded any instances of journalists being imprisoned for knowingly filing false reports. However, Article 419 of the Penal Code of Kazakhstan (Knowingly False Denunciation) was mentioned in the foundation’s reports in 2015. At that time, a citizen attempting to help his convicted brother falsified an open letter allegedly written by government employees, accusing senior officials of illegal actions. He was ultimately sentenced to a suspended prison term.

Since 2015, according to “Adil Soz,” 16 journalists, bloggers, and media professionals in Kazakhstan have been sentenced to various terms of imprisonment or restriction of freedom. The charges included defamation (prior to its decriminalization), separatist activities, extortion, dissemination of deliberately false information and personal data, fraud, and other offenses.

The monitoring was prepared according to reports to correspondents of the «Adil Soz» Foundation

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