Сөз бостандығын қорғау халықаралық қоры
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The International Foundation for Freedom of Speech Protection

Guilty verdict on interfering with activities of a journalist reached, first time in 18 years

8 february 2023

Today, in Petropavlovsk, a verdict was announced in the case of interfering with legal professional activities of Khabar 24 TV journalists. Sultan Sagandykov, the head of the security service of the Dostyk Mall,  was found guilty under Article 158 of the Criminal Code of the Republic of Kazakhstan. In accordance with the  verdict, he committed the crime  “by creating conditions that prevent journalists from performing their legal professional activities using his official position and damaging property.” The court sentenced him to 1 year of restriction of liberty. Besides Sagandykov must pay a forced payment in the form of 10 MCI (29,170 tenge) to the victims' compensation fund.

Sultan Sagandykov was released from the basic punishment under the law "On amnesty in connection with the thirtieth anniversary of the Independence of the Republic of Kazakhstan".

“What has happened today is important for our society, state and media community. It’s the first time when a guilty verdict was announced under part 2 of article 158 of the Criminal Code of the Republic of Kazakhstan. That the convict was found guilty in this crime with a qualifying factors. The court took into account all the circumstances (...) and released him from restriction of freedom on non-rehabilitating grounds, ” Dmitry Baranov, the lawyer for the victims, said.

The court did not satisfy the request of the prosecutor to deprive Sagandykov of the right to engage in security activities for a period of three years or another period, given that he has three dependent children, and work at Dostyk Mall is his only source of income .

The verdict has not entered into force.

As it was reported, on August 2, 2021, Khabar24 TV team was covering work of the ASHIQ (COVID-19 digital monitoring system) in Dostyk Mall. The Dostyk Mall security guards forcibly escorted them out of the building. Journalists Samat Dzhakupov , Natalya Volkova and cameraman Tolegen Imanov filed a complaint with the police. Since then, the criminal investigation was dropped for five times. Each time journalists argued that the investigation was dropped illegally.

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