Statistic of violations of rights to freedom of expression in Kazakhstan January- March, 2016

Convicted, arrested and imprisoned journalists —11

Rafael Balgin (Almaty)

The journalist Rafael Balgin was released on January 11, 2016.

On December 18, 2015 he was detained within the scope of pre-trial investigation of criminal case upon a suit of JSC “KAZKOMMERTSBANK” on dissemination of misleading information with the usage of information and communication network on the website “Respublika” and “NAKANUNE.kz”. On December 21, 2015 Almaty City Court has sanctioned arrest of R. Balgin during two months.

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

On January 21, 2016 Saryarka District Court № 2 (Astana) has found guilty B. Blyalov in commission of deliberate actions, aimed at inciting of social and national enmity with the usage of social networks (article 174, p. 1 of Criminal Code of the Republic of Kazakhstan). He was sentenced to three years of restriction of liberty.

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

On October 29, 2015 Saryagash District Court (South Kazakhstan Oblast) has sentenced him to one year and six months of deprivation of liberty and he was charged with slander under article 130 of Criminal Code of the Republic of Kazakhstan.

On January 28, 2016 Board of Appeals has quashed sentence of non-rehabilitating grounds.

Serikzhan Mambetalin (Ex Leader of Party «Rukhaniyat», Almaty)

On January 22, 2016 he was found guilty in inciting of national enmity. Serikzhan Mambetalin was sentenced to two years of deprivation of liberty with service of punishment in the colony of general regime; on February 01, 2016 he was released under recognizance not to leave.

Ermek Narymbaev (civil activist, Almaty)

On January 22, 2016 he was found guilty in inciting of national enmity. Ermek Narymbaev was sentenced to three years of deprivation of liberty with service of punishment in the colony of general regime. On February 22, 2016 preventive measure was varied to house arrest. On March 30, 2016 Board of Appeals has sentenced E. Narymbaev to three years of deprivation of liberty and prohibited to fulfill public activity during five years, taking into account, time when E. Narymbaev had been in pre-trial detention facility term of deprivation of liberty was diminished to two years and five months.

Guzyal Baidalinova (journalist, Nakanune.kz, Almaty)

On February 16, 2016 court has expanded taking into custody of journalist of Internet-portal Nakanune.kz Guzyal Baidalinova before March 23, 2016. She was suspected of dissemination of misleading information with the usage of information and communication networks on the website «NAKANUNE.kz».

On December 23, 2015 she was detained during seventy-two years and delivered to the pre-trial detention facility of Department of Internal Affairs (Almaty). On December 26, 2015 court has sanctioned taking into custody during two months.

Ermek Thaichibekov (Zhambyl oblast)

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

On February 01, 2016 Board of Appeals discharged consideration of criminal case of E. Thaichibekov in connection with his suit on drawing up of protocol and materials of lawsuit.

Bulat Satkangulov (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 to commission of terrorist act with the help of information and communication networks” of Criminal Code of the Republic of Kazakhstan. Bulat Satkangulov was sentenced to six years of deprivation of liberty with confiscation of property and with service of punishment in the colony of general regime.

On February 19, 2016 Board of Appeals has upheld sentence.

Seitkazy Matayev (Chairman of Union of Journalists of Kazakhstan, Almaty)

On February 22, 2016 he was detained during seventy-two hours within the scope of investigation of case over embezzlement of public funds and evasion of payment of taxes. On February 24, 2016 court has varied preventive measure for him in the form of house arrest.

Yaroslav Golyshkin (journalist, Pavlodar)

On May 16, 2015 court has sanctioned arrest of journalist during two months before July 16, 2015. Yaroslav Golyshkin was arrested in relation to investigation of criminal case over extortion of money from akim (governor) of Pavlodar oblast. On October 30, 2015 he was sentenced to eight years of deprivation of liberty with service of punishment in the colony of strict regime. On February 24, 2016 Board of Appeals has upheld sentence.

Aset Matayev (General Director of PA “KazTAG”, Almaty)

On March 28, 2016 according to court rule he had been under house arrest.

Unjustified blocking and restriction of access to network editions — 7

Ratel.kz, Zonakz.net (Almaty, they have been accessible for Internet-users of Kazakhstan on February 02, 2016. The blocking was launched from September 09, 2015); public newspapers «Kostanayskie Novosti» in social network «VKontakte» https://vk.com/kostanaynews (Kostanay); http://www.vkob.kz (Ust-Kamenogorsk); https://kkassiyet.wordpress.com (Almaty); website of Ministry of Foreign Affairs of the Republic of Kazakhstan mfa.gov.kz (Astana); PA «KazTAG» (Almaty).

Journalists are prevented from carrying out their professional activity — 8

Criminal prosecution — 51

Including:

Charges with slander -33

Amangeldy Batyrbekov (Chairman of Public Association«Adilet», South Kazakhstan Oblast); Zhan Botanov(Karaganda oblast); Television Company«KTK» (Almaty); Erlan Dzhetenov, Ainur Balakeshova , «Vechernya Karaganda», Dmitriy Shishkin, «Liter» (Karaganda oblast); 23 lecturers of Institute of Economy and Law (Aktobe), resident of Almaty, Alexander Baranov (journalist, Pavlodar), Asset Assandi (Shymkent) and Irene Dorokhina (“Odnoklassniki.ru”, Rudnyi, Kostanay Oblast);

Judgment of conviction – 0:

AmangeldyBatyrbekov (Chairman of Public Association “Adilet”, Shymkent, South Kazakhstan Oblast). On January 28, 2016 Board of Appeals has quashed sentence of non- rehabilitating grounds.

Charges with dissemination of misleading information – 4

Including:

Guzyal Baidalinova, «NAKANUNE.kz” (Almaty), Elena Semenova (human rights defender, Pavlodar) and a resident of Almaty oblast (information on escape from psychiatric institution of G. Dzhumagaliev)

Charges with incitement of national, social and religious enmity – 5

Ermek Thaichibekov (Zhambyl oblast), Serikzhan Mambetalin (Almaty), Ermek Narymbaev (Almaty), Television Company «KTK» (Almaty), Bolatbek Blyalov (PA «Institute of Democracy and Human Rights», Astana) and Television Channel «KTK» (Almaty).

Judgment of conviction – 4

Bolatbek Blyalov (PA «Institute of Democracy and Human Rights», Astana),Serikzhan Mambetalin (Almaty), Ermek Narymbaev (Almaty) and Ermek Thaichibekov (Zhambyl oblast).

Charges with propaganda of terrorism – 1

Bulat Satkangulov (a resident of Rudnyi, Kostanay oblast)

Judgment of conviction

Bulat Satkangulov (a resident of Rudnyi, Kostanay oblast)

Charges with conversion and embezzlement of entrusted of the other property – 1; Charges with evasion of payments of taxes – 1;

Seitkazy and Aset Matayevs (Almaty)

Civil charges have been against media outlets and journalists — 23;

Including:

Civil claims and suits about protection of honor, dignity and business reputation – 23

Damages sought in the lawsuit are: – 617millions 660 thousands and 01 tenge.

The plaintiffs are: state officials –4 legal entities -10,citizens – 9.

29 judgments wereawarded; 6 of them in appellate instance 17 of them wereawarded in favour of media outlets and citizens.

Refusals and restrictions in providing of public and important information — 35