Statistic of violations of rights for freedom of expression in Kazakhstan. January- March, 2017
CONVICTED, ARRESTED AND IMPRISONED JOURNALISTS —8
Amangeldy Batyrbekov (Chairman of Public Association “Adilet”, Shymkent, South Kazakhstan Oblast)
On January 19, 2017 Amangeldy Batyrbekov was released from arrest in the court room. He was sentenced to two years of restriction of liberty under article 411 “Slander in relation of judge, jury member, prosecutor, person, executing prejudicial investigation, expert, bailiff, officer of justice” of Criminal Code of the Republic of Kazakhstan; was placed under house arrest from June 08, 2016.
Bigeldy Gabdullin (Editor-in-chief of the newspaper “CentralAsiaMonitor” and Director of the website “Radiotochka.kz”, Almaty)
On January 24, 2017 Bigeldy Gabdullin was released from arrest in the court room. He was sentenced to five years of restriction of liberty; was charged with extortion. On November 15, 2016 B. Gabdullin was detained, he was suspected of extortion. On November 16, 2016 court has sanctioned arrest of B. Gabdullin.
Zhanbolat Mamay (newspaper “Tribuna. Sayasi Kalam”, Almaty)
On February 10, 2017 editor-in-chief of the newspaper “Tribuna. Sayasi Kalam” Zhanbolat Mamay was detained; on February 11, 2017 court has sanctioned his arrest for two months within the scope of investigation of case over embezzlement of funds of “BTA Bank” by Mukhtar Ablyazov. On February 20, 2017 court has rejected appeal of Zh. Mamay and dismissed change of measure of restraint from arrest to bail. On March 31, 2017 court extended arrest of Zhanbolat Mamay till May 10, 2017.
Teimur Akhmedov (resident of Astana)
On January 18, 2017 Teimur Akhmedov was detained by CNS-agents; he was suspected of incitement of religious hatred by a group of persons. Later, court has sanctioned his arrest for two months.
Asaf Guliev (resident of Astana)
On January 18, 2017 Asaf Guliev was detained by CNS-agents; he was suspected of incitement of religious hatred by a group of persons. Later, court has sanctioned his arrest for two months. On February 24, 2017 court has taken into account admission of his guilt and repentance, it has sentenced Asaf Guliev to five years of restriction of liberty.
Erlan Kaliev, Askhat Bersalimov and Galym Ageleuov (Almaty)
On February 23, 2017 human rights activist Erlan Kaliev was detained, when he went out of office of bureau. He was sent to the District Department of Internal Affairs of Alatau District for intention to conduct single picket for protection of Zhanbolat Mamay near CNS-agency. The blogger Askhat Bersalimov and human rights activist Galym Ageleuov, they were detained on a place of conduction of action. In words of Galym Ageleuov, he came up to the place of action, in order to inform about detention of Erlan Kaliev.
On February 23, 2017 Specialized Inter District Administrative Court of Almaty has found guilty civil activist Askhat Bersalimov in violation of legislation “On Order of Organization and Conduction of Peaceful Assemblies, Rallies, Demonstrations and Pickets” of the Republic of Kazakhstan and ruled to expose him to punishment in the form of administrative arrest for fifteen days. On February 28, 2017 appellate instance has upheld rule of administrative court. Thecivil activist Askhat Bersalimov was released on March 10, 2017.
Threats to journalists – 1
Akmaral Shayakhmetova (“Uralskaya Nedelya”, Uralsk)
Attack on journalists
Mirlan Amanzholov, Aliya Orazai (TC “Kazakhstan-Aktobe”, Aktobe oblast) and NUR.KZ (Aktobe).
Unjustified blocking and restriction of access to network editions — 5
Avaaz.org; http://tribunakz.com/ (Almaty); pana-defenders.info; nethouse.ru; channel of activist A. Shaigumarov (Uralsk) in Youtube.
Journalists are prevented from carrying out their professional activity — 13
CRIMINAL PROSECUTIONS AND CHARGES — 24 charges
|
Article of Criminal Code of the Republic of Kazakhstan |
Total |
Of them in judicial order |
||
|
Quantity |
Person |
Sentence |
||
|
Article 130 “Slander” |
4 |
2 |
Zhanna Bogatyreva (Kostanay Oblast) |
16.02.2017 – Accusatory sentence |
|
Nick Kravets, PA “Tengrinews” (Karaganda) |
29.03.2017 – Proceeding was terminated in relation to petition from private prosecutor of termination of criminal proceeding |
|||
|
Marat Dauletbaev (Baikonyr, Kyzyl-Orda) |
09.02.2017 – He was found guilty. 14.03.2017 – Sentence came into effect |
|||
|
Article 147 “Violation of integrity of private life and the legislation of the Republic of Kazakhstan on personal data and their protection” |
2 |
1 |
Nick Kravets, PA “Tengrinews” (Karaganda) |
|
|
Article 411 “Slander in relation of prosecutor” |
1 |
1 |
Amangeldy Batyrbekov, Chairman of Public Association “Adilet” (South Kazakhstan Oblast) |
19.01.2017 - Accusatory sentence 29.03.2017 – Sentencehas beenupheld |
|
Article 419 “Knowing false denunciation” |
1 |
1 |
Amangeldy Batyrbekov, Chairman of Public Association “Adilet” (South Kazakhstan Oblast) |
19.01.2017 - Accusatory sentence |
|
Article 274 “Dissemination of knowingly false information |
2 |
2 |
Maks Bokaev and Talgat Ayan (Atyrau) |
28.11.2016 – Accusatory sentence 20.01.2017 – Sentence has been upheld
|
|
Article 174 “Institution of social, national, generic, racial, class or religious discord ” |
10 |
6 |
Maks Bokaev and Talgat Ayan (Atyrau) |
28.11.2016 – Accusatory sentence 20.01.2017 – Sentence has been upheld
|
|
Asaf Guliev (Astana) |
02.02.2017 - Accusatory sentence |
|||
|
SanatDosov (Aktobe) |
27.12.2016 - Accusatory sentence 15.02.2017 (appeal) –Sentence has been upheld |
|||
|
Ruslan Ginatullin(Pavlodar) |
14.12.2016 – He was found guilty 02.02.2017 – Appellateinstanceupheldsentence |
|||
|
Teimur Akhmedov, (resident of Astana) |
|
|||
|
Article 400 “Violation of the procedure of organization and holding of meetings, rallies, pickets, street processions and demonstrations” |
2 |
2 |
Maks Bokaev and Talgat Ayan (Atyrau) |
28.11.2016 – Accusatory sentence 20.01.2017 – Sentence has been upheld
|
|
Article 194 “Extortion” |
1 |
1 |
Bigeldy Gabdullin, editor-in-chief of editions “CentralAsiaMonitor” and “Radiotochka.kz” (Almaty) |
24.01.2017 - Accusatory sentence |
|
Article 218 “Legalization (laundering) of money and (or) other property, received by criminal way” |
1 |
|
|
|
|
Article 423. Disclosure of details of pre-trial proceeding |
1 |
|
|
|
Civil claims and suits about protection of honor, dignity and business reputation- 32;
Including:
Civil claims and suits about protection of honor, dignity and business reputation – 31.
Damages sought in the lawsuit are: – KZT145 millions 560 thousands
Recovered amounts of moral damage – KZT 260 thousands
The plaintiffs are: state officials – 6, legal entities -10, citizens – 15.
12 judgments were awarded (incl. 4 – are in appellate instance). 7 of them were awarded in favour of media outlets and citizens.
ADMINISTRATIVE PROSECUTIONS – 1
Refusals and restrictions of providing of information of public interest – 55
