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

11 january 2016

Convicted and imprisoned journalists — 11 (2014 - 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.

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 guilty under 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 14^th August, 2015. On August 04, 2015 court has extended arrest of Y. Golyshkin before the 14^th September, 2015. On October 30, 2015 he was sentenced to eight years of deprivation in the colony of strict regime (a type of prison in the Republic of Kazakhstan).

Amangeldy Batyrbekov (Chairman of Public Association “Adilet”, Shymkent)

On October 29, 2015 Saryagash District Court (South Kazakhstan Oblast) has found him guilty under article 130 “Slander” of Criminal Code of the Republic of Kazakhstan and sentenced him to one year and six months of deprivation of liberty.

Ykylas Kabduakasov (Leader of Public Association of Presbyterian Trend, Astana)

On November 09, 2015 he was found guilty in commission of crime under article 174 p.1 “Incitement of social, national, racial, tribal or religious enmity” of Criminal Code of the Republic of Kazakhstan; was sentenced to seven years of deprivation of liberty with settlement of probational control.

On December 28, 2015 Appeals Instance has changed sentence, he was sentenced to two years in the colony of general regime.

Igor Sychev (Administrator of Group “Overheard in Ridder”, Social Network “Vkontakte”, Ridder, East Kazakhstan Oblast)

On November 18, 2015 he was found guilty in commission of crime under article 180 “Separatist activity” of Criminal Code of the Republic of Kazakhstan; was sentenced to five years of deprivation of liberty with service of sentence in the colony of general regime.

Bulat Satkangulov (resident of Rudnyi, Kostanay oblast)

On November 18, 2015 he was found guilty in commission of crime under article 256 p.2 “Propaganda of terrorism or public calls on commission of act of terrorism, committed with the help of information and communication networks”of of Criminal Code of the Republic of Kazakhstan; was sentenced to six years of deprivation of liberty with seizure of property with service of sentence in the colony of general regime.

Alena Kovtun (resident of Akmola oblast)

On November 26, 2015 court has found her guilty in dissemination of misleading information under article 274 of Criminal Code of the Republic of Kazakhstan; she was sentenced to two years and six months of deprivation of liberty with settlement of probational control.

Ermek Thaichibekov (Zhambyl oblast)

On December 11, 2015 he was found guilty in commission of crime under article 174 p.2 “Incitement of social, national, racial, tribal and religious enmity” of Criminal Code of the Republic of Kazakhstan; he was sentenced to four years of deprivation of liberty with service of sentence in the colony of general regime.

Daulet Sarsenbaev (Karaganda)

On December 21, 2015 he was found guilty in commission of crime under article 419 p.3 “Knowingly false denunciation of committing a crime which is connected with the accusation of a person in committing corruption, serious or especially grave crime” of Criminal Code of the Republic of Kazakhstan; he was sentenced to years of deprivation of liberty with probation with settlement of probational control.

Arrests and detentions – 5

Serikzhan Mambetalin (Ex- Leader of Party “Rukhaniyat”, Almaty)

On October 12, 2015 he was detained and suspected of incitement of national enmity under article 174 p.2 of Criminal Code of the Republic of Kazakhstan; on October 15, 2015 he was arrested during two months and on October 26, 2015 court rule on taking his into custody was upheld.

Ermek Narymbaev (civil activist, Almaty)

Bolatbek Blyalov (PA “Institution of Democracy and Human Rights”, Astana)

On November 09, 2015 he was detained and suspected of commission of derogated acts aimed at “inciting of social and national enmity with usage of media (social networks)” under article 174 p.1 of Criminal Code of the Republic of Kazakhstan. On November 11, 2015 court has sanctioned his arrest during two months.

Rafael Balgin (Almaty)

On December 18, 2015 he was detained within the scope of pre-trial investigation of criminal case under article 274 p.3 “Dissemination of misleading information” of Criminal Code of the Republic of Kazakhstan. On December 21, 2015 court has sanctioned his arrest during two months.

Guzyal Baidalinova (Nakanune.kz, Almaty)

On December 23, 2015 she was detained within scope of pre-trial investigation of criminal case under article 274 p.3 “Dissemination of misleading information” of Criminal Code of the Republic of Kazakhstan. On December 26, 2015 court has remanded her in custody during two months. The court has settled bail in the amount of 3000 monthly calculation indicies. On December 28, 2015 prosecutor has protested it. On December 31, 2015 court has excluded settlement of bail.

Attacks on editorial offices and media workers —9 (2014-16)

Paul Mikheyev, «Liter» (Almaty), Alisher Akhmetov, PA «Tengrinews» (Almaty), Madina Alimkhanova, PA «KazTAG» (Almaty), Vladimir Zobenko «Diapason» (Aktobe), Marina Nizovkina, Bek Abiev, Eugene Sergienko «TC KTK» (Shymkent), Bota Zhumanova (blogger, Almaty), Diana Kulmaganvbetova (informburo.kz, Astana), Mariya Gareeva (informburo.kz, Almaty) and Kirill Pavlov(journalist, blogger, Almaty).

Threats to citizens, journalists and media outlets- 6 (2014-13)

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) andNursultan Turysbekov (Television Channel «TVK», Shymkent).

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 — 8 (2014-7)

«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 unprovided 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. In July, 2015 website was unblocked.

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 451 of Code of Administrative Offences of the Republic of Kazakhstan.

Vimeo.com (07.09.2015). The court has made a rule on blocking of website, prior to removal of illegal content. The access was restored on October 14, 2015.

A page in Facebook of magazine “ADAM” (22.10.2015-electronic version of page of the magazine, magazine “ADAM”, “ADAMbol”, they were admitted “united media”. The publication of magazine was suspended. Certificate of registration of magazine was annulled).

Unjustified blocking and restriction of access to websites — 19 (2014-25)

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); Ratel.kz (Almaty), Zonakz.net (Almaty), yvision.kz, a page of newspaper “Kostanayskie Novosti” in social network “Vkontakte” (Kostanay), channels on YouTube of bloggers Murat Tungishbaev and Galym Ageleuov and oppositions of Kazakhstan, channels 16/12, 24.

Journalists are prevented from carrying out their professional activity — 28 (2014-30)

Criminal prosecution — 73 (2014-38)

Including:

Charges with slander -35 (2014-20 accused persons)

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), Milana Guzeeva (“Vremya”, Semey) Amangeldy Batyrbekov (Chairman of Public Association “Adilet”, South Kazakhstan Oblast), resident of Kokshetau (Akmola oblast), newspaper “Caravan”, Almaty) and 23 lectures of Institution of Economy of Law (Aktobe).

Judgment of conviction – 2:

Musagali Duambekov (website Insiderman, Astana)and Amangeldy Batyrbekov (Chairman of Public Association “Adilet”, South Kazakhstan Oblast).

-Charges with dissemination of misleading information – 17

Including:

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 (Astana), Svetlana Shepel (a resident of Ekibastuz, Pavlodar oblast), and Alena Kovtun (a resident of Shortandinsk district, Akmola oblast), Elena Semenova (human rights activist, Pavlodar), Nataliya Ulasik (Zhezkazgan), Tatiyanna Romanova (a resident of Kokshetau, Akmola oblast), Rafael Balgin (Almaty), Guzyal Baidalinova (Nakanune.kz, Almaty) and Julia Kozlova(Nakanune.kz, Almaty).

Judgment of conviction – 4:

Zh. Baishemirov, resident of Zhambyl oblast, Kunanbai Tuleov (Astana) and Alena Kovtun (Akmola oblast).

-Charges with incitement of national, social and religious enmity — 10 (2014-8)

Tatiyanna Shevtsova-Valova (Almaty), Saken Baikenov (Astana), Murat Telibekov (Almaty), Mukhtar Suleymenov (West Kazakhstan Oblast), Alkhanashvili (North Kazakhstan Oblast), Ermek Thaichibekov (Zhambyl oblast), Serikzhan Mambetalin (Almaty), Ermek Narymbaev (Almaty), Ykylas Kaduakasov (Astana), Mukhtar Suleymenov (West Kazakhstan Oblast) and Bolatbek Blyalov (Astana).

Judgment of conviction – 6

Tatiyanna Shevtsova-Valova (Almaty), Saken Baikenov (Astana), Mukhtar Suleymenov (West Kazakhstan Oblast), Alkhanashvili (North Kazakhstan Oblast), Ykylas Kaduakasov(Astana) and Ermek Thaichibekov (Zhambyl oblast).

Charges with separatist activity – 1

Igor Sychev (Ridder)

Civil charges have been against media outlets and journalists —110 (2014-106)

Including:

Civil claims and suits about protection of honor and dignity – 91 (2014-97)

Damages sought in the lawsuit are: – 880millions 400 thousands and 01 tenge.

The plaintiffs are: state officials –33 legal entities -24,citizens – 30.

54 judgments wereawarded; 22 of them in appellate instance and 6of them in cassation instance, 25 of them wereawarded in favour of media outlets and citizens.

Refusals and restrictions in providing of public and important information — 200 (2014-230).