Statistic of violations of rights for freedom of expression in Kazakhstan. January- April, 2017

CONVICTED, ARRESTED AND IMPRISONED JOURNALISTS —11 

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. On April 27, 2017COURT EXTENDED ARREST OF ZHANBOLAT MAMAY TILL June 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. The civil activist Askhat Bersalimov was released on March 10, 2017.

Kuanysh Bashpaev (Ekibastuz, Pavlodar Oblast)

The master student of Islamic University of Madinah ofSaudi Arabia Kuanysh Bashpaev from October, 2016 was placed under arrest from sanction of court. On April 07, 2017 Pavlodar Court № 2 sentenced him to four years and six months of deprivation of liberty, related to charge of institution of social, national, generic, racial, class or religious discord under article 174 of Criminal Code of the Republic of Kazakhstan.

Maks Bokaev, Talgat Ayan (Atyrau)

On November 28, 2016 court № 2 of Atyrau found guilty civil activists Maks Bokaev, Talgat Ayan in dissemination of knowingly false information during conduction of public events under article 274 p.4 p.2 of Criminal Code of the Republic of Kazakhstan, institution of social, national, generic, racial, class or religious discordunder article 174 p.2 and violation of the procedure of organization and holding of meetings, rallies, pickets, street processions and demonstrations under 400 of Criminal Code of the Republic of Kazakhstan. The court sentenced them to five years of deprivation of liberty with service of their punishment in colony of general regime and prohibited them to implement public activity within three years. On January 20, 2017 Board of Appeals of Atyrau Oblast Court upheld sentence. On April 13, 2017 Supreme Court dismissed consideration of cassation appeal. 

Threats to journalists – 1

Akmaral Shayakhmetova (“Uralskaya Nedelya”, Uralsk)

Attack on journalists - 2

Mirlan Amanzholov, Aliya Orazai (TC “Kazakhstan-Aktobe”, Aktobe oblast), NUR.KZ (Aktobe);Aray Temirkhanova and Ilya Rybin, (TC “31 Channel”, Astana).

Closure of media

Radiotochka.kz (Almaty, upon decision of staff of Internet-portal)

Unjustified blocking and restriction of access to network editions —  6

Avaaz.org; http://tribunakz.com/ (Almaty); pana-defenders.info; nethouse.ru; channel of activist A. Shaigumarov (Uralsk) in Youtube and channel of blogger Ainur Kurmanov (Almaty) in Youtube.

Journalists are prevented from carrying out their professional activity — 18

CRIMINAL PROSECUTIONS AND CHARGES — 28 charges

CIVIL CLAIMS AND SUITS ABOUT PROTECTION OF HONOR, DIGNITY AND BUSINESS REPUTATION- 40;

Including:

Civil claims and suits about protection of honor, dignity and business reputation – 39.

Damages sought in the lawsuit are: – KZT145 millions 560 thousands

Recovered amounts of moral damage – KZT 50 millions 460 thousands

The plaintiffs are: state officials – 10, legal entities -13, citizens – 16.

19 judgments were awarded (incl. 4 – are in appellate instance). 12 of them were awarded in favour of media outlets and citizens.

ADMINISTRATIVE PROSECUTIONS – 3

REFUSALS AND RESTRICTIONS OF PROVIDING OF INFORMATION OF PUBLIC INTEREST – 63