Statement by the International Foundation for Protection of Freedom of Speech "Adil Soz" on the Situation Involving Lukpan Akhmedyarov

According to the Astana City Police Department, a pre-trial investigation was launched under Article 274 of the Criminal Code of the Republic of Kazakhstan – "Dissemination of knowingly false information" – based on complaints filed by alleged victims. As part of the investigation, Lukpan Akhmedyarov, author of the YouTube channel "Prosto Zhurnalistika", was detained on 10 April 2025. He is currently considered a witness with the right to defence in the case. According to the journalist, the investigation was prompted by a social media post regarding potential risks of forced recruitment of Kazakhstani citizens to participate in foreign armed conflicts. The post was based on information received from a relative of one of the alleged victims.

In accordance with Part 1 of Article 180 of the Criminal Procedure Code of the Republic of Kazakhstan, a criminal case can be initiated when there are indications of a criminal offense. At the same time, Article 274 of the Criminal Code (Dissemination of knowingly false information) requires not only that the disseminated information be false, but also that it was knowingly false. This means that the law enforcement official initiating the case must establish this criterion by analysing the available documents and information.

If the content of the disseminated material and the complaint clearly demonstrate that the information was spread knowingly – that is, deliberately, with the full awareness that it was false and motivated by unlawful intent – then a criminal case may justifiably be opened under Article 274. However, if during the course of the investigation it is determined that this element of intent is absent, the case must be closed under Article 35 of the Criminal Procedure Code (due to the absence of an offense or lack of elements of a criminal act).

Lukpan Akhmedyarov and his lawyer have provided the investigators with the full correspondence with the individual who informed the journalist about the situation, which supports the claim that there was no intent to deliberately spread false information.

The International Foundation for Protection of Freedom of Speech "Adil Soz", as a firm advocate of the principle of "law and order" calls on all parties involved in the process to strictly adhere to the law. We hope that, following a thorough examination of all the circumstances, the criminal case under Article 274 of the Criminal Code will be closed. We will continue to closely monitor the situation.