Statistic of prosecutions of media outlets, journalists and citizens in response to their execution of right to freedom of speech September, 2014 – February, 2015.
Criminal prosecutions – 4.
- Oksana Zhivitskaya, «Balkhashskiy Rabochiy» (Karaganda Oblast).
She was charged with slander and insult under articles 129 and 130 of Criminal Code of the Republic of Kazakhstan, dated July 16, 1997. The plaintiff is A. Agybaev.
On February 03, 2015 court has acquitted her for lack of corpus delicti in her actions.
- Musagali Duambekov, (public defender, Astana).
He was charged with slander under article 129 of Criminal Code of the Republic of Kazakhstan,dated July 16, 1997. Plaintiffs are businessmen B. and S. Mukashevs.
May 13, 2014 he was sentenced to one year of restraint.
July 11, 2014 Board of Appeals has has upheld sentence.
February 19, 2015 Cassational Board of Court (Astana) has upheld sentence and decree of Board of Appeals .
- Ersen Iskakov, (resident of Akmola oblast).
He was charged with slander under article 129 of Criminal Code of the Republic of Kazakhstan, dated July 16, 1997. The plaintiff is B. Mukashev.
January 15, 2015 he was acquitted.
- Tatiyana Shevtsova-Valova (Almaty).
She was charged with incitement of national enmity under article 164 of Criminal Code of the Republic of Kazakhstan, dated July 16, 1997. These court hearings were initiated by 11 user of social networks. It was connected with posts in Facebook.
March 31, 2015. She was sentenced to four years of deprivation of liberty on a parole with trial period within three years.
In September, 2014 – February, 2015 67 civil law demands were made on media outlets, journalists and citizens.
Including:
-Claims and actions of protection of honour and dignity –56
Court trials at 30 suits.
Demanded amount of compensation of moral damage – KZT 663 millions 300 thousands
Maximum demanded amount of compensation of moral damage – KZT200 millions (a suit was filed against editorial staff of nespaper «Diapason» (Aktobe oblast)).
Recovered amounts of compensation of moral damage – KZT41 millions 385 thousands
18 state officials, 12 legal entities and 26 citizens made their demands with regard to media outlets and journalists.
37 judicial acts were passed, according to suits, 11 judicial acts were passed by appeals instance and 4 ones were passed by cassational instance.
16 judicial acts were passed in favour of media outlets, journalists and citizens.
- Suits on closure of media – 3.
- Department of Internal Policy (Almaty) has filed a suit against editorial staff of magazine «ADAM bol». The charges originated from article «Our Kazakh People On A Foreign War” which was published on August 28, 2014. Department of Internal Policy (Almaty) has discovered signs of propaganda and agitation of war.
November 20, 2014, according to court rule publication of magazine and its Internet-version were suspected, prior to passing of court decision.
December 24, 2014 court has satisfied a suit of akimat (city administration) on closure of magazine in full volume.
February 26, 2015 Appeals Instance has upheld a decision of court of the first instance.
- District Tax Department of Kazybek bi has filed a suit against LLP «Editorial staff of newspaper «Champion» on compulsory liquidation of newspaper because of unproviding of tax reporting over some years.
December 19, 2014 court has made a rule on suspension of activity of editorial office.
- District Department of Public Revenues of Kazybek bi (Karaganda) has filed a suit against LLP «Television Company «Asia Center» (Karaganda) on compulsory liquidation of LLP in connection with unproviding of financial reporting over last years.
- Article 145. The Right to Own Picture of Civil Code of the Republic of Kazakhstan - 1.
- A. Baisarina has filed a suit against owner of the newspaper «Vechernya Karaganda», journalist A. Balakeshova (recovery and compensation in the amount of KZT 500000 for illegal usage of picture). November 04, 2014 court has partially satisfied suit, it has imposed defendants on recovery of KZT20000 for plaintiff. The Board of Appeals has upheld decision of court of the first instance.
- Violation of labour legislation – 1.
- Ex Deputy Chief Editor of Newspaper «Zhezkazganskaya Gazeta» N. Rabieva has filed a suit against LLP «Zhezkazganskaya Gazeta». It was connected with reimbursement of untransfered charges in the amount KZT236000 to pension fund. February 10, 2015 court has dismissed suit.
- Suits on recovery of compensation of moral damage because of violation of allied rights – 2
- LLP «Eurasia Media Distribution» (Almaty) and «NTV-MIR» has filed a suit against LLP «Cable Networks of Kostanai». The amount of compensation is KZT100000000.
- LLP «Web-content» has filed a suit against some radio stations, television channels and operators of cable network. The amount of compensation is KZT56 millions 703 thousands and 440. February 19, 2015 court has dismissed suit, because representative of plaintiff has provided proper suit.
Administrative Prosecutions – 3.
- Andrei Tsukanov, Internet-Resource «16/12», TC «А24» (Almaty).
August 14, 2014 Administrative Court of Almaty has found him guilty. He was charged with violation of legislation under article 373 p.1 “Violation of the legislation on the organization and holding of peaceful assemblies, meetings, demonstrations, pickets and demonstrations” of Code of Administrative Offences of the Republic of Kazakhstan and fined on eighteen monthly assessment indicies. This lawsuit was initiated by District Department of Internal Affairs (Bostandyk District, Almaty). It has drew up protocol of offence; August 11, 2014 he covered unsanctioned arrangement of banking borrowers near building of city akimat (administration).
September 24, 2014 Board of Appeals has dismissed court decree.
- Andrei Tsukanov, Internet-Resource «16/12».
October 07, 2014 Specialized Administrative Court (Balkhash, Karaganda Oblast) has acquitted journalist of Internet portal «16/12» Andrei Tsukanov under article 357 “Arbitrariness” of Code of administrative offences of the Republic of Kazakhstan. The lawsuit was initiated by Department of Internal Affairs (Balkhash). Policemen thought, that Andrei gave and recorded an interview with lawyer Zinaida Mukhortova, she was committed, violated article of administrative code.
- SP «Alan Zhurt», owner of the newspaper «Tribuna –Saysat Alany» (Almaty).
December 04, 2014 Specialized Interdistrict Economic Court (Almaty) has found guilty owner of newspaper «Tribuna –Saysat Alany» SP «Alan Zhurt» in commitment of administrative offence under article 524 “Non-execution of court decisions, decisions of bodies (officials) authorized to consider cases on administrative offences” of Code of Administrative Offences of the Republic of Kazakhstan and fined him on ten monthly assessment indicies. Department for Execution of Judicial Acts (Almaty) has filed suit against editorial staff of newspaper «Tribuna –Saysat Alany» (Almaty). They should recover KZT2000000 as compensation of moral damage in favour of retired colonel Kupesbai Zhampeisov.
