Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Another investigation into obstructing the activities of a journalist has been terminated

28 november 2023

Another investigation into obstructing the work of a journalist has been terminated in Kazakhstan. This was reported today to Diana Saparkyzy's lawyer, Shirin Amirgalieva.
Recall that on August 18, security guards from the Kazakhstanskaya mine of the company ArcelorMittal Temirtau - B. Tirkyn and E. Zhanshin attacked the correspondent of the KazTAG news agency Diana Saparkyzy while the filming what was happening at the mine. One of the men took the journalist's phone and deleted the files, while the other held her back.
Initially, the Shakhtinsk city police drew up only a protocol on administrative offense against B. Tirkyn under Article 73-1 of the Administrative Code (Intentional infliction of slight damage to health). Later, a criminal investigation was initiated under Article 158 of the Criminal Code of the Republic of Kazakhstan.
On September 7,  the International Foundation for Freedom of Speech  Protection «Adil Soz» issued an open appeal to the Prosecutor General, pointing out that according to Article 742 of the Administrative Code, proceedings on an administrative offense should be terminated due to the presence of signs of a criminal offense.
However, on October 27, the Specialized Court for Administrative Offenses of the city of Shakhtinsk, Karaganda region, terminated the proceedings against B. Tirkyn due to the absence of signs of an administrative offense.
On November 16, the Appellate Collegium of the Karaganda Regional Court, disagreeing with the grounds for terminating the administrative case, terminated the proceedings against Boris Tirkyn due to the presence of signs of a criminal offense as provided by the criminal legislation.
And on November 8, the senior investigator of the Criminal Investigation Department of the Shakhtinsk city police, Senior Police Lieutenant K. Bayseitova, terminated the pre-trial investigation against both guards - B. Tirkyn and E. Zhanshin, due to the absence of signs of a criminal offense, referring to the not yet legally binding decision of the specialized court for administrative offenses of Shakhtinsk on October 27. The lawyer found out about the termination of the investigation only 19 days later.
It is worth noting that in the years of Kazakhstan's independence, only three cases of obstructing the lawful professional activities of journalists have reached the court.
 

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