From prosecutions to bans and spurious copyright claims: How Kazakhstan’s journalists are being silenced

On August 23, voters will head to the polls to elect a unicameral parliament established under the new constitution adopted in a March referendum. President Kassym-Jomart Tokayev has said the constitution allows for a fundamental transformation of the Central Asian country, while critics argue that it represents an attempt to expand Tokayev’s powers.

Just as the March referendum was accompanied by a series of arrests that the Committee to Protect Journalists and its partners raised with the Kazakhstani authorities, the upcoming elections have been preceded by new incidents of intimidation targeting some of Kazakhstan’s leading independent journalists.

Ahead of this month’s parliamentary elections, independent journalists in Kazakhstan have faced “unprecedented” pressure, ranging from criminal prosecution to professional bans. This crackdown requires increased international scrutiny to ensure that the country complies with its commitments to media freedom.

Since mid-July, five prominent journalists have been imprisoned or convicted on serious criminal charges, while cases have been opened against two others. Courts have also imposed draconian restrictions on convicted journalists’ participation in public life and online activities.

On August 14, the Committee to Protect Journalists (CPJ) and eight local and international press freedom and human rights organizations expressed deep concern over the intensifying pressure, noting that these recent high-profile cases form part of a “broader and long-term pattern” that includes the use of politically motivated charges, restrictions on access to online information, and other forms of harassment and intimidation against those who criticize the authorities.

Criminal prosecution

One of the main tools used by the Kazakhstani authorities to suppress the press is criminal prosecution, with journalists frequently accused of “knowingly disseminating false information.”

On August 18, a court sentenced Gulnar Bazhkenova, former editor-in-chief of the independent outlet Orda and one of Kazakhstan’s best-known journalists, to eight years in prison on several charges, including knowingly disseminating false information. The court deferred the sentence for two years because Bazhkenova has a minor child, but also barred her from engaging in journalism and public activities.

In late July, Asset Matayev, director of the leading independent news agency KazTAG, and Amir Kassenov, the outlet’s editor-in-chief, were sentenced to 3.5 years and 15 months of “restricted freedom,” respectively. The court also banned Kassenov from working as a journalist for five years and Matayev for three years.

In mid-July, journalist Azamat Omarov was arrested after an episode of his weekly political satire program on YouTube, Akhual Segodnya, was aired. Omarov was placed in pre-trial detention for two months on charges of “inciting social, national, ethnic, racial or religious discord” (Article 174 of the Criminal Code of the Republic of Kazakhstan — Foundation’s note).

Banned from journalism

On August 3, a court in Almaty sentenced journalist Alexandra Alyokhova to three years in prison and banned her from journalism for three years after finding her guilty of unlawfully disseminating personal data in a 2022 article.

The Adil Soz Foundation for Protection of Freedom of Speech called the case a “legal absurdity,” noting that Alyokhova had merely cited information leaked from police records and published on social media, while neither the official responsible for the leak nor the person who initially published the information had faced legal consequences.

Alyokhova’s case was linked to an even more absurd case against journalist Oleg Gusev. In December, Gusev received a three-year suspended prison sentence and a three-year ban on journalistic and public activities on charges of unlawfully disseminating personal data simply by posting a link to Alyokhova’s then-unsanctioned 2022 article.

Nazira Darimbet, president of the Adil Soz Foundation, told CPJ that although professional bans had been used in the past, their current “mass and systematic application” represents a dangerous trend.

“It is a tool for completely excluding a citizen from the media sphere,” she said, describing the punishment as a “professional and civic execution” that violates Kazakhstanis’ constitutional rights to freedom of expression and to work, as well as the country’s international obligations under the International Covenant on Civil and Political Rights.

Social media suppression

The current crackdown has also affected journalists’ social media accounts, with reports of mass copyright complaints being used to force the removal of videos and other content from the accounts of human rights defenders, journalists, and bloggers.

The “unprecedented scale” of these attacks poses a serious problem for journalism in Kazakhstan, Darimbet said. Tight state control over traditional print and online media has “forced independent journalists to move to these platforms,” leaving them dependent on social media to reach their audiences, she added.

Kazakhstan’s Minister of Culture and Information, Aida Balayeva, said on her Facebook page in August that the ministry does not block social media users, including media outlets and journalists, and that such blocks are aimed at discrediting the state.

Multi-pronged attacks

In some cases, several of these repressive tools are used against the same journalist at once. Prominent journalist Lukpan Akhmedyarov told CPJ that around 20 of his Facebook posts had been removed over the past year and that his account had been blocked following unfounded copyright complaints. On August 12, police also confirmed that a criminal case had been opened against the journalist under Article 274 of the Criminal Code (“Knowingly disseminating false information”).

Independent journalist Dinara Yegeubayeva told CPJ that her Instagram and Facebook accounts had been blocked. On August 4, police opened a criminal case against her over an unusual road traffic incident. Yegeubayeva said she believes the incident was staged in order to fabricate a criminal case against her.

Diana Okremova, head of the Legal Media Center, told CPJ that the effect — and the purpose — of this multi-layered intimidation is to spread fear and self-censorship among members of the press.

“Journalists see what is happening [to their colleagues], and they will be more cautious. They will be careful. They will follow the government line,” she said.

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