Statistic of violations of rights for freedom of expression in Kazakhstan January- December, 2016
CONVICTED, ARRESTED AND IMPRISONED JOURNALISTS —96
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. 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, 2016 she was detained during seventy-two hours and sent to the pre-trial detention facility of the Department of Internal Affairs of Almaty. On December 26, 2015 court has sanctioned taking into custody of journalist during two months. On March 17, 2016 court has extended taking into custody of G. Baidalinova up to April 24, 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 of deprivation of liberty with her service of punishment in the colony of general regime. On July 12, 2016 Appellate Instance changed one year and six months of deprivation of liberty to one year and six months on parole (taking into account served sentence).
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, President of National Press, 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 July, 2016. On July 27, 2016 a term of house arrest was extended before 22 September, 2016. On August 23, 2016 main trial upon a case of the Chairman of Union of Journalists of Kazakhstan S. Matayev was launched in Astana. The prosecutor asked court to sentence S. Matayev to six years and eight months of deprivation of liberty. On October 03, 2016 he was found guilty in commission of criminal offenses under article 245 p.3 “Evasion of the payment of taxes” of Criminal Code of the Republic of Kazakhstan; article 190 p. 4 p 2. “Fraud” of Criminal Code of the Republic of Kazakhstan. He was sentenced to six years of deprivation of liberty with his service of punishment in correctional colony of general regime. On December 09, 2016 Board of Appeals changed sentence in a part of deprivation from right to hold executive position, related to organization-distribution and materially responsible function in the state organizations from life ban to ten years. In some other part, sentence was upheld.
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 July, 2016. On July 27, 2016 court has extended a term of house arrest of A. Matayev before 28th September, 2016. On August 23, 2016 main trial upon a case of Aset Matayev was launched. The prosecutor asked court to six years of deprivation of liberty. On October 03, 2016 he was found guilty in commission of criminal offence under article 190 p.4 p.2 “Fraud” of Criminal Code of the Republic of Kazakhstan; was sentenced to five years of deprivation of liberty with his service of punishment in correctional colony of general regime.
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 and Marzhan Aspandiyarova (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).
Amangeldy Batyrbekov (Chairman of Public Association “Adilet”, Shymkent, South Kazakhstan Oblast)
On June 08, 2016 Saryagash District Court (South Kazakhstan Oblast) has made a rule. He was placed under house arrest. On September 08, 2016 court has extended term of house arrest, prior to adoption of proceeding decision, related to case.
Bigeldy Gabdullin (Chief Editor of Newspaper “CentralAsiaMonitor and Director of Website “Radiotochka”, Almaty)
On November 15, 2016 he was detained and suspected of extortion. On November 16, 2016 court has sanctioned arrest of B. Gabdullin.
Ruslan Ginatullin (resident of Pavlodar)
From July 05, 2016 he was taken into custody and was charged with incitement of national enmity. On December 14, 2016 he was found guilty in incitement of national enmity under article 235 p.3 of Criminal Code of the Republic of Kazakhstan (1997) and article 174 p.1 of Criminal Code of the Republic of Kazakhstan; he was sentenced to six years of deprivation of liberty with his service of punishment in the colony of strict regime.
Maulid Emenov (resident of Aktobe)
On November 28, 2016 he was found guilty in propaganda of terrorism, according to court sentence; was sentenced to five years of deprivation of liberty with his service of punishment in the colony of general regime.
Maks Bokaev, Talgat Ayan (civil activists, Atyrau)
On November 28, 2016 they were found guilty in dissemination of misleading information during conduction of public arrangements, incitement of social, national, racial, tribal or religious enmity and violation of order of organization and conduction of assemblies, rallies, pickets and demonstrations. They were sentenced to five years of deprivation of liberty with his service in the colony of general regime; they can not fulfill public activity during three years.
Sanat Dosov (resident of Aktobe)
On December 27, 2016 he was found guilty in incitement of social enmity with the usage of television and communication networks under article 174 p.1 of Criminal Code of the Republic of Kazakhstan; he was sentenced to three years of deprivation of liberty.
Igor Chuprin (resident of North Kazakhstan Oblast)
On December 05, 2016 he was found guilty in commission of crimes provided under article 180 p.2 of Criminal Code of the Republic of Kazakhstan (propaganda of violation of unitarity and integrity of the Republic of Kazakhstan, inviolability and inalienability of its territory and disintegration of the state) and article 174 p.1 of Criminal Code of the Republic of Kazakhstan (intentional actions aimed at inciting of national enmity, committed with the usage of information and communication networks). He was sentenced to five years and six months of deprivation of liberty with his service of punishment in correctional colony of the general regime.
Attacks on editorial offices and media workers — 3
Olga Voronko («Time», Pavlodar); Bakhtiyar Tashpulatov (TC «Otyrar», Shymkent) and Manas Bistayev (Exclusive.kz., Almaty).
Unjustified blocking and restriction of access to network editions — 42
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”(Uralsk); 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; Сhange.org, Avaaz.org, socialismkz.info; http://kyps.kz/; website of newspaper “Ak Zhayik” (Atyrau), Oper.ru (Russia);Facebook, Google, Instagram, Youtube, VKontakte, Telegram, Twitter (on December 16 problem with an access). The official reason is software crash on television and communication networks of communication providers. Some Internet-users believed that there were problems with access to live broadcasting of M. Ablyazov); base-kz.info.
Journalists are prevented from carrying out their professional activity — 90 (57 of them during coverage of events on May 21, 2016)
Criminal prosecution and charges — 100
Including:
Charges with slander (Article 130 of Criminal Code of the Republic of Kazakhstan) -51
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), a resident of Kostanay A; G. Bisengalieva (Astana); Aset Assandi (journalist, blogger, Shymkent), Elderkhan Shuratbaev (Taldy-Korgan League of Drivers), Talgad Zhanybekov (Almaty), Enlik Syndykova (Almaty), Julia Turieva (vil. Aleshinka, Kostanay oblast), Igor Shakhnovich “Caravan” (Almaty), Asset Asandi (Shymken) and anonymous author of information on Director of Atyrau Oblast Public Service Center T. Nurzhanov (Atyrau).
Judgment of conviction – 5:
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. Aset Assandi (blogger, Shymkent, South Kazakhstan Oblast).
Charges with dissemination of misleading information (Article 274 of Criminal Code of the Republic of Kazakhstan) – 12
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 supposedly of policemen of Kyzyl-Orda Oblast), a resident of Astana (information on grant of flats of state program for 2009), a resident A of Almaty (information on 100 forced people, events in Almaty on July 18, 2016), a resident Ch of Almaty (information on captives, events in Almaty on July 18, 2016), Maks Bokaev, Talgat Ayan (Atyrau) and A.Tschelupanova (information on Siberian plague in milk products) and Igor Timoshenko (“Golos Ekibastuza”, Pavlodar oblast), Maks Bokaev, Talgat Ayan (Atyrau) and Igor Timoshenko (“Golos Ekibastuza”, Pavlodar oblast).
Judgment of conviction – 2:
Guzyal Baidalinova (“NAKANUNE.kz”,Almaty) and Tair Kaldybekov (businessman, Almaty).
Maks Bokaev, Talgad Ayan (civil activists, Atyrau)
Charges with incitement of national, social and religious enmity – 12 (Article 174 of Criminal Code of the Republic of Kazakhstan)
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), Jannat Esentaev (Uralsk), Maks Bokaev, Talgat Ayan (Atyrau), Baurzhan Esenov (Astana), newspaper «Uralsk’ Week» (Uralsk), Ruslan Ginatullin (Pavlodar); Sanat Dosov (Aktobe) and Igor Chuprin (Petropavlovsk).
Judgment of conviction – 7:
Bolatbek Blyalov (PA «Institute of Democracy and Human Rights», Astana), Serikzhan Mambetalin (Almaty), Ermek Narymbaev (Almaty), Ermek Thaichibekov (Zhambyl oblast), Jannat Esentaev (Uralsk), Ruslan Ginatullin (Pavlodar), Sanat Dosov (Aktobe) and Igor Chuprin (Petropavlovsk).
Charges with propaganda of terrorism (Article 256 of Criminal Code of the Republic of Kazakhstan) – 2
Bulat Satkangulov (a resident of Rudnyi, Kostanay oblast) and Maulid Emenov (resident of Aktobe).
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; Charges with fraud (Article 190 of Criminal Code of the Republic of Kazakhstan) -2.
Seitkazy and Aset Matayevs (Almaty)
Judgment of conviction:
Seitkazy Matayev was charged under articles 245 and 190 of Criminal Code of the Republic of Kazakhstan. Aset Matayev was charged under article 190 of Criminal Code of the Republic of Kazakhstan.
Charges with calls on forcible seizure of power (Article 179 of Criminal Code of the Republic of Kazakhstan) – 2
Maks Bokaev, civil activist (Atyrau. In July, 2016 charges were dismissed), Talgat Ayan, civil activist (Atyrau. In July, 2016 charges were dismissed).
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). In July, 2016 charges with regard to them were dismissed.
Charges with knowingly false denunciation (Article 419 of Criminal Code of the Republic of Kazakhstan) -1
Amangeldy Batyrbekov (Chairman of Public Association «Adilet», South Kazakhstan Oblast).
Charges with extortion-1
Bigeldy Gabdullin (Editor-in-chief of newspaper “CentralAsiaMonitor” and director of Internet-portal “Radiotochka.kz”, Almaty).
Civil charges have been against media outlets and journalists — 93;
Including:
Civil claims and suits about protection of honor, dignity and business reputation – 87
Damages sought in the lawsuit are: – 846 millions 460 thousands and 01 tenge.
Recovered amounts of moral damage – 14 million 860 thousands
The plaintiffs are: state officials –18, legal entities -33, citizens – 36.
52 judgments were awarded; 14 of them in appellate instance, 2 of them in cassational instance, 1 of them supervisory instance. 30 of them were awarded in favour of media outlets and citizens.
Administrative prosecutions – 20
Charges with violation of legislation on an order of organization and conduction of peaceful assemblies, rallies, pickets and demonstrations – 16
Charges with non-fulfillment of court decision – 1
Charges with change of network addresses -1
Refusals and restrictions of providing of information of public interest - 167
