Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Statistic of violations of rights to freedom of expression in Kazakhstan January-August, 2015

25 september 2015

Convicted and imprisoned journalists - 4

Musagali Duambekov (public defender, Astana)

On May 13, 2014 District Court № 2 (Almatinsk District, Astana) has found him guilty under article 129 “Slander” of Criminal Code of the Republic of Kazakhstan and sentenced him to one year of restriction of liberty.

On July 13, 2014 Board of Appeals of Court (Astana) has upheld sentence. On February 19, 2015 Cassational Board of Court (Astana) has upheld sentence and decree of Board of Appeals. The term of sentence is terminated on July 07, 2015.

Tatiyana Shevtsova-Valova (blogger, Almaty)

On March 31, 2015 Alatau District Court of Almaty has found her guiltyunder article 164 «Incitement of national enmity” of Criminal Code of the Republic of Kazakhstan, dated July 16, 1997. 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 of Almaty City Court has upheld sentence.

Saken Baikenov (blogger, Astana)

On April 13, 2015 Saryarkinsk District Court № 2 (Astana) has found him guilty under article 174 «Incitement of national, social, tribal, racial and religious enmity” of Criminal Code of the Republic of Kazakhstan and sentenced him to two years of deprivation of liberty.

Yaroslav Golyshkin (journalist, Pavlodar)

On May 16, 2015 court has sanctioned arrest of journalist. Y. Golyshkin was taken into custody till July 16, 2015. He was arrested in relation to investigation of criminal case regarding blackmail and extortion of money from akim (governor) of Pavlodar oblast. On July 08, 2015 court has extended arrest of Y. Golyshkin before the 14th August, 2015.

Attacks on editorial offices and media workers —5

Paul Mikheyev, «Liter» (Almaty), Alisher Akhmetov, PA «Tengrinews» (Almaty), Madina Alimkhanova, PA «KazTAG» (Almaty), Vladimir Zobenko «Diapason» (Aktobe), Marina Nizovkina, Bek Abiev and Eugene Sergienko «TC KTK» (Shymkent).

Threats to citizens, journalists and media outlets- 5

Marina Nizovkina, Eugene Sergienko (Television Channel«KTK”, South Kazakhstan Oblast), Kira Tscherbakova («Temirtauskiy Rabochiy», Temirtau) administration of website www.kino.kz(Almaty), Victor Miroshnichenko (Ratel.kz, Petropavlovsk).

Groundless detentions of media workers —8

Ayan Sharipbaev (LLP«ADAMDAR», Almaty), Guljan Ergalieva, Miras Nurmukhambetov («ADAM bol», Almaty), Dilaram Arkin (journalist, Almaty), Rozlana Taukina (human rights defender, Almaty), Kuanysh Nurzhanov («Ne Khabar?!», Aktau); Yuri Geist, Vladimir Zobenko («Diapason», Aktobe) and Ruslan Botaiuly (Radio Azattyk, Astana).

Suspension and termination of media publication — 6 (passing data):

«ADAM bol» (Almaty. 20.11.2014. – court ruling on suspension of media publication, prior to passing of judgment at the suit of Department of Internal Policy (Almaty)on closure of magazine; 24.12.2014. – court ruling on closure of magazine. 26.02.2015 .- decree of Board of Appeals has upheld judgment).

TC «Asia Center» (Karaganda. 13.03.2015. The rule on compulsory liquidation because of unproviding of financial reporting over the last years).

SoundCloud.com. 12.05.2015. The Committee of Communication, Informatization and Informationof Ministry of Investments and Development has restricted access to resource, prior to removal of illegal content.

JSC «Television Company «Aruana» (Karaganda. 28.05.2015. The rule on compulsory liquidation of JSC because of providing of untimely providing of tax declaration).

TD«Editorial office 17» (Karaganda. 12.05.2015. The rule on compulsory liquidation because of unproviding of tax reporting).

The magazine «ADAM» (27.08.15). The court has made a rule on suspension of during three months because of violation of article 450 of Code of Administrative Offences of the Republic of Kazakhstan.

Unjustified blocking and restriction of access to websites10

The website of newspaper «Aktubinskiy Vestnik» www.avestnik.kz (Aktobe), Facebook.com, service Instagram, Messanger; Internet -users from South Kazakhstan Oblast had problems with access to Internet, Radio “Azattyk” (Almaty), “Uralskaya Nedelya” (“Ural's Week”) (Uralsk), Forbes.kz (Almaty, restriction of access to materials, related to arrangements in Saryagash District (South Kazakhstan Oblast), Radio Azattyk (Almaty) and nakanune.kz (Almaty).

Journalists are prevented from carrying out their professional activity — 25:

Criminal prosecution — 27:

Including.:

-Charges with slander-11 cases (including 2 passing data):

Musagali Duambekov (website Insiderman, Astana. Hearing is in appeal and cassation); Ersen Iskakov (resident of Akmola oblast), Oksana Zhivitskaya(“Balkhaskiy Rabochiy”, Karaganda Oblast. Pronouncement of sentence). Aigul Musabaeva («Issykskiy Vestnik», Almaty Oblast); Tamara Eslyamova, Talgat Umarov, «Uralskya Nedelya», Abzal Kuspanov (Uralsk), Aigul Musabaeva (“Issykskiy Vestnik”, Almaty Oblast; in May, 2015 there were two suits on bringing to responsibility for slander), Orazgul Zhusieva (Almaty), Sergei Kim (“Radiotochka”, Almaty) and Milana Guzeeva (“Vremya”, Semey).

Judgment of conviction – 1:

Musagali Duambekov (website Insiderman, Astana);

-Charges with dissemination of misleading information6

Baishemirov (a resident of Zhambyl Oblast); Mariya Kovaleva («Uralskaya Nedelya”, West Kazakhstan Oblast), Andrei Tsukanov (video portal 16/12, Almaty), a resident of Almaty (dissemination of information with the help of WhatsApp on died persons during mudlow which took a place in Almaty), Kunanbai Tuleuov and Svetlana Shepel (a resident of Ekibastuz, Pavlodar oblast).

-Charhges with incitement of national, social and religious enmity7:

Tatiyana Shevtsova-Valova (Almaty), Saken Baikenov (Astana), Marat Telibekov (Almaty), Mukhtar Suleymenov (West Kazakhstan Oblast), Alkhanashvili (North Kazakhstan Oblast) and Ermek Thaichibekov (Zhambyl oblast).


Judgment of conviction4:

Tatiyana Shevtsova-Valova (Almaty), Saken Baikenov (Astana), Mukhtar Suleymenov (West Kazakhstan Oblast) and Alkhanashvili (North Kazakhstan Oblast).

Civil charges have been against media outlets and journalists —83


Including:

Civil claims and suits about protection of honor and dignity66 ( 11 of thempassing data.).

Damages sought in the lawsuit are: – 390millions and 400 thousands tenge.

The plaintiffs are: state officials –22 legal entities -18,citizens – 26.

42 judgments wereawarded; 17 of them in appellate instance and 4of them in cassation instance, 21 of them wereawarded in favour of media outlets and citizens.

Refusals and restrictions in providing of public and important information — 133.



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