Statistic of prosecutions of media outlets, journalists and citizens in response to their execution of right to freedom of speech September, 2014 – May, 2015.

31 may 2015

Criminal prosecutions – 11.

Including:

Charges with slander – 8.

- 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. On April 07, 2015 Board of Appeals of Karaganda Oblast Court has upheld acquitting judgment. On May 19, 2015 Cassational Board has upheld acquitting judgment and rule of appelate instance.

- 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. On May 13, 2014 he was sentenced to one year of restraint. On July 11, 2014 Board of Appeals has has upheld sentence. On 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.

On January 15, 2015 he was acquitted. On March 04, 2015 Board of Appeals has upheld acquitting judgment.

- Aigul Musabaeva, «Issykskiy Vestnik» (Almaty Oblast).

She was charged with slander under article 130 of Criminal Code of the Republic of Kazakhstan. The plaintiff is a deputy for director of legal college G. Mukhamedzhanova. On May 27, 2015 court has terminated legal proceeding in connection with withdrawal of charges of G. Mukhamedzhanova.

- Tamara Eslyamova, Talgat Umarov, «Uralskaya Nedelya», Abzal Kuspanov (Uralsk).

They were charged with slander under article 130 of Criminal Code of the Republic of Kazakhstan. The plaintiff is a deputy of Maslikhat (West kazakhstan Oblast) Alibek Satbaev. On March 20, 2015 court has awarded acquitting judgment. On April 30, 2015 Board of Appeals has upheld sentence.

- Aigul Musabaeva, «Issykskiy Vestnik» (Almaty Oblast).

She was charged with slander under article 130 of Criminal Code of the Republic of Kazakhstan. Plaintiffs are director of school of Rayimbek A. Tubekbaev and deputy head teacher N. Khanina. On May 20, 2015 court has terminated legal proceeding in connection with withdrawal of charges of plaintiffs.

- Orazgul Zhusieva (Almaty).

She was charged with slander under article 130 of Criminal Code of the Republic of Kazakhstan. The plaintiff is a head doctor of Almaty City Center of AIDS T. Bapiev. The charges originated from commentary by O. Zhusieva for article which was posted on website of one of the republican newspapers.

Charges with incitement of national enmity - 2

- 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. On March 31, 2015. She was sentenced to four years of deprivation of liberty on a parole with trial period within three years. On May 18, 2015 Board of Appeals has upheld sentence.

- Saken Baikenov, blogger (Astana).

He was charged with incitement of national enmity under article 174 of Criminal Code of the Republic of Kazakhstan. It was connected with posts in Facebook. On march 07, 2015 S. Baikenov was detained by CNS-agents. On March 09, 2015 court has decreed that he would be taken into custody within two months. On April 13, 2015 he was found guilty in commitment of crime under article 174 of Criminal Code of the Republic of Kazakhstan and he was sentenced to two years of deprivation of liberty.

Suspicion in extortion – 1 (article 194 of Criminal Code of the Republic of Kazakhstan).

- Yaroslav Golyshkin, editor-in-chief of independent newspaper «Version» (Pavlodar)

On May 14, 2015 he was detained by a special CNS-group which opened criminal case of extortion and blackmail of money from akim (governor) of Pavlodar oblast K. Bozumbaev; denied his guilt, he implemented journalistic investigation. On May 16, 2015 court has sanctioned arrest of Y. Golyshkin before the July 16, 2015.

In September, 2014 – May, 2015 99 civil law demands were made on media outlets, journalists and citizens.

Including:

-Claims and actions of protection of honour and dignity –78

Court trials at 38 suits.

Demanded amount of compensation of moral damage – KZT 846 millions 900 thousands

Maximum demanded amount of compensation of moral damage – KZT 200 millions (a suit was filed against newspaper «Diapason» (Aktobe oblast)).

Recovered amounts of compensation of moral damage – KZT41 millions 435 thousands

19 state officials, 19 legal entities and 38 citizens made their demands with regard to media outlets and journalists.

51 judicial acts were passed, according to suits, 15 judicial acts were passed by appeals instance and 7 ones were passed by cassational instance. 24 judicial acts were passed in favour of media outlets, journalists and citizens.

- Suits on closure of media – 5.

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. On November 20, 2014, according to court rule publication of magazine and its Internet-version were suspected, prior to passing of court decision.. On December 24, 2014 court has satisfied a suit of akimat (city administration) on closure of magazine in full volume. On 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. On 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. On March 13, 2015 court has satisfied a suit on liquidation of LLP.

- District Department of State Incomes of Kazybek bi (Karaganda) to Tax Department «Editorial office of newspaper 17» (Karaganda) of compulsory liquidation of TD in connection with unproviding of financial reporting over last years and non-registration as tax payer for VAT. On May 12, 2015 court has satisfied suit of Department of State Incomes.

- The Head Department «District Tax Department of Kazybek bi (Karaganda)» has filed a suit against JSC «Television Company «Aruana» on compulsory liquidation. It was connected with untimely providing of tax declaration. On May 28, 2015 Specialized Interdistrict Economic Court (Karaganda Oblast) has satisfied suit.

- The Republican State Department «District Department of State Incomes of Kazybek bi, Department of State Incomes of Karaganda Oblast, Committee of State Incomes of Ministry of Finances of the Republic of Kazakhstan» filed suit against State Department «Editorial staff of newspaper «Sary-Arka» on compulsory liquidation. It was connected with unproviding of tax report. On May 25, 2015 Specialized Interdistrict Economic Court (Karaganda Oblast) has dismissed suit, because defendant has been state institution which was established and liquidated by resolution of shareholder, some provisions of legislations “On Tax” of the Republic of Kazakhstan were not extended to it.

-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 – 2.

- 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. On February 10, 2015 court has dismissed suit.

-Ex Deputy Chief Editor of Newspaper «Zhezkazganskaya Gazeta» N. Rabieva has filed a suit against LLP «Zhezkazganskaya Gazeta». There was a suit on recovery of wages in the amount of KZT704528,00. On September 03, 2014. This suit was satisfied partially; arrears of wage was recovered in the amount of KZT 295228.

- 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.

- Suits on enforcement of writ performance – 1

- The Republican State Department «Informatization and Communications Inspection of Informatization and Communications Committee of the Ministry of Communications and Information of the Republic of Kazakhstan» has filed a suit against LLP «Television Company «43 Channel» and LLP «Television Company «TKT». It was connected with failure of service of TV-transmitters and improvement of technical conditions of television channels. On April 15, 2015 Economic Court of Karaganda Oblast has satisfied a suit.

Administrative Prosecutions – 3.

- Andrei Tsukanov, Internet-Resource «16/12», TC «А24» (Almaty).

On 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; on August 11, 2014 he covered unsanctioned arrangement of banking borrowers near building of city akimat (administration). On 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 of the Republic of Kazakhstan.

-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.