Adil Soz Foundation concerned over situation involving environmental activist Aruna Ortayeva

The International Foundation for Protection of Freedom of Speech “Adil Soz” expresses concern over the situation involving environmental activist Aruna Ortayeva, who was searched, taken to a police station and sentenced to 15 days of administrative detention after publishing audio recordings from a closed meeting of Almaty city administration officials.

Ortayeva published recordings in which participants in the meeting at the city administration allegedly discuss the fate of trees affected by road construction in the Kok-Zhailau area, including Sievers apple trees, which are listed as a protected species.

Following the publication of the recordings, Ortayeva’s apartment was searched. According to her lawyer, Vyacheslav Lim, she was charged with disobeying lawful orders for refusing to open the door to people who had initially introduced themselves as couriers. It has also been reported that she has the status of a witness entitled to legal defence in a criminal case under Article 148 of the Criminal Code of the Republic of Kazakhstan concerning violation of the secrecy of correspondence. Ortayeva herself was not present at the closed meeting.

The Adil Soz Foundation considers it essential that investigative measures in such cases do not become a means of exerting pressure on a person who has disseminated information of public interest or a tool for identifying the source of a leak.

The Foundation notes that the published recordings concern matters of clear public interest, including the preservation of green spaces, the implementation of a major infrastructure project, and the conduct of public hearings. The use of a search, administrative detention and other restrictive measures therefore requires particularly careful and compelling legal justification.

The fact that law enforcement attention appears to be focused on how the recordings were obtained and disseminated also raises questions, while there has so far been no official information about any investigation into the substance of the audio recordings themselves.

Adil Soz considers it necessary to ensure a transparent and impartial investigation and to provide a legal assessment both of the actions taken against Aruna Ortayeva and of the information contained in the published recordings. The Foundation will continue to monitor developments in the case.