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

Convicted, arrested and imprisoned journalists —91

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)

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. On March 30, 2016 Board of Appeals has deflected the judgment. It has sentenced S. Mambetalin to one year of deprivation of liberty; he failed to implement public activity within three years. Taking into account, that he passed the time pre-trial detention facility a term of restriction was decreased to eight months and eleven days.

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. On March 17, 2016 court has extended taking into custody before 24 April, 2016. On May 23, 2016 she was found guilty in dissemination of misleading information with regard to “KAZKOMMERTSBANK”; was sentenced to one year and six months with her service of punishment in the colony of general regime.

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. On March 15, 2016 Board of Appeals has upheld verdict of guilty which was brought against Ermek Thaichibekov.

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. On March 03, 2016 Board of Appeals has upheld a rule on return of measure of restraint with regard to S. Matayev in the form of house arrest. On May 06, 2016 court has extended a term of house arrest before 22 June, 2016.

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 was placed under house arrest. On April 06, 2016 appellate instance has upheld rule of district court on return of measure of restraint. On May 06, 2016 court of Almaty has extended a term of house arrest of A. Matayev before 28th June, 2016.

Asem Almukhambetkyzy (SP “Alan Zhurt”, Almaty)

On May 21, 2016 in the afternoon she was detained by court officers and delivered forcibly to Almalinsk District Department of Internal Affairs.

Rysbek Sarsenbaiuly (“Zhas Alash”), Ermurat Bapi (“DAT”), Zhanbolat Mamay, Inga Imanbay (“Tribuna-Sayasi Kalam”, Almaty); Amirzhan Kosanov, Galym Ageleuov (public figures, Almaty). On April 29, 2016 they were detained on a way to the National Press Club. The press conference regarding to selling and leasing of land should be conducted.

Marat Teleuov (blogger, Aktobe)

On April 29, 2016 he was detained. After eight hour interrogation he was released. Marat Teleuov was detained because of photos and video records of peaceful rally on April 27, 2016 in Aktobe.

Over 55 journalists were detained by policemen during coverage of events on May 21, 2016(you can see details http://www.adilsoz.kz./news/show/id/2047).

Over 14 citizens were arrested administratively for a term of 15 days for their posts in social networks and mobile messengers, where they expressed their opinion, concerning proposed by government land reform and spoke about possible rally regarding to land problem (you can see details http://www.adilsoz.kz/monitoring/show/id/120).

Unjustified blocking and restriction of access to network editions — 28

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); http://www.npravo.org; http://www.socdeistvie.info and www.klassprof.org (Almaty); Youtube, Google Foto and Google Drive, Adwords and Analytics; radio “Azattyk” (Almaty); Twitter, Instagram, Facebook, «VKontakte»; ng.kz (Kostanay); zhasalash.kz (Almaty); abai.kz (Almaty); website of the newspaper “Uralskaya Nedelya”; http://www.2.karasu.kz (Kostanay oblast); www.kostanaysoft.com (Kostanay oblast); restriction of access to Internet (Aktobe oblast) during from June 05 to June 07, 2016 in connection with announcement of “red” terrorist danger level.

Journalists are prevented from carrying out their professional activity — 78 (57 of them during coverage of events on May 21, 2016)

Criminal prosecution — 68

Including:

Charges with slander (Article 130 of Criminal Code of the Republic of Kazakhstan) -41

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), Irene Dorokhina (“Odnoklassniki.ru”, Rudnyi, Kostanay Oblast) Shynar Sagindykova (Television Channel “Almaty”, Almaty); Shamshadin Kerim (Kazakh-Egypt University “Nur Mubarak”, Almaty); Murat Telibekov (Chairman of Union of Muslims of Kazakhstan, Almaty), Eugene and Irene Grechko (Pavlodar), Asset Assandi (Shymkent) and A.G. Bisengalieva (a resident of Kostanay) (Astana) .

Judgment of conviction– 4:

Amangeldy Batyrbekov (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 (Article 274 of Criminal Code of the Republic of Kazakhstan) – 6

Including:

Guzyal Baidalinova, «NAKANUNE.kz” (Almaty), Elena Semenova (human rights defender, Pavlodar), a resident of Almaty oblast (information on escape from psychiatric institution of G. Dzhumagaliev), a resident of Almaty Zhakauov (information on a man, who suffered from actions of policemen) and a resident of Astana (information on grant of flats of state program for 2009).

Judgment of conviction – 2:

Guzyal Baidalinova “NAKANUNE.kz”(Almaty), Tair Kaldybekov (businessman, Almaty)

Charges with incitement of national, social and religious enmity – 6

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) and Jannat Esentaev (Uralsk).

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 (Article 256 of Criminal Code of the Republic of Kazakhstan) – 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 (Article 189 of Criminal Code of the Republic of Kazakhstan) – 1; Charges with evasion of payments of taxes (Article 245 of Criminal Code of the Republic of Kazakhstan) – 1;

Seitkazy and Aset Matayevs (Almaty)

Charges with calls on forcible seizure of power (Article 179 of Criminal Code of the Republic of Kazakhstan) – 2

Maks Bokaev, civil activist (Atyrau), Talgat Ayan, civil activist (Atyrau).

Charges with organization of mass riots (Article 272 of Criminal Code of the Republic of Kazakhstan) – 2

Maks Bokaev, civil activist (Atyrau), Talgat Ayan, civil activist (Atyrau).

Civil charges have been against media outlets and journalists — 47;

Including:

Civil claims and suits about protection of honor, dignity and business reputation – 44

Damages sought in the lawsuit are: – 640 millions 560 thousands and 01 tenge.

Recovered amounts of moral damage – 41 million 170 thousands

The plaintiffs are: state officials –7, legal entities -18, citizens – 19.

23 judgments were awarded; 05 of them in appellate instance, 2 of them in cassational instance. 14 of them were awarded in favour of media outlets and citizens.

Administrative prosecutions - 18

Charges with violation of legislation on an order of organization and conduction of peaceful assemblies, rallies, pickets and demonstrations – 16

Refusals and restrictions of providing of information of public interest - 85