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Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Judge in Taraz sent all journalists out of the courtroom

26 january 2023

On January 26,  hearing of a January riots case began in Taraz Court No. 2 . Media workers were allowed in the courtroom from the  beginning of the trial, but this time the judge Baglan Torebekuly made the journalists leave and go to  the press room. Even the cameramen were not allowed to stay to make a high-quality video. Radio Azattyk, Qazaq Times, Masa.kz and Tilkespekjoq reporters had to leave the courtroom.

"I asked the judge for explanations or comments, but he replied that we were interfering with the trial. "Get out" and that's all. We arrived early and started taking video even before the hearings began. Having entered the courtroom, the judge  asked the secretary about the participants, and stated that we were interfering with the trial and had to go away to press room.  I told the judge that I had filed a petition through the Judicial Office, but he did not take it into account,” Manshuk Asautai, Radio Azattyk reporter said.

"Adil soz" comments:

The judge does not have the right to send journalists out of the courtroom if a trial is open. This is a direct violation of Article 29 of the Code of Criminal Procedure on publicity. The judge only has the right to completely prohibit or partially restrict audio recording, taking photo and video, as well as live broadcasting from the courtroom. Judge can decide to hear the case behind closed doors, but the law strictly limits the grounds for such decision.

It is a complete arbitrariness to make journalists leave a courtroom if the trial is open and there is enough seats. There may be  a special room for journalists equipped in the court building  with a live broadcasting from the courtroom is provided. In this case a judge has the right  to invite journalists there for their convenience and to make audio recording and taking photo and video there. It may be done in case audio video recording is prohibited in the courtroom as it interferes with the judge's work.  But if a journalist does not want to voluntarily leave the courtroom and there are enough seats there, the judge does not have the right to forcibly make the journalists leave.

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