Journalists of Kazakhstan demanded to put methods of expert examinations into public domain
29 march 2010
Some journalistic organizations of the Republic of Kazakhstan made open letter, addressed to Prime Minister of the Republic of Kazakhstan K. Masimov, Minister of Justice R. Tusupbekov and Minister of Communication and Information A. Zhumagaliev. There was following:
Law “On Amendments into Some Legislative Acts of Information and Communication Networks of the Republic of Kazakhstan” was come to law-enforcement in August 2009. As a result of it all Internet-resources were made equal to mass media; owners and users of Internet-resources carried criminal, civil and administrative responsibility.
Computer Emergency Response Team began control of Internet-resources of destructive content. But, criterions and methods were used for the identification of destructive content of this organization and by law-enforcement, supervisory and court organs. Owners of Internet-resources, editors of websites and moderators had no any access to it.
Employees of the company “Yurinfo” have made a request, addressed to Vice Minister of Justice D. Kustavletov. He said that these methods were used in concrete court cases of Centre of Court Expertise of Ministry of Justice. They were related to the category “For Official Use Only”; could not be public ones.
This situation posed a threat to freedom of speech and securing of methods, which qualified reports and information of mass media as contravened to Constitution of Kazakhstan. They were not based on law by next reasons:
1. There was no any category “For Official Use Only” in Kazakhstan’s law “On State Secrets”.
2. Making public methods of expert examinations for concrete criminal or civil case could not be divulgation of court and investigative secret
3. Expert examinations have been as proofs during court settlement of matter about closure of the website. Putting of methods of expert examinations into public domain will be result of violation of constitutional and procedural rights of participants of legal proceedings by civil and criminal cases; arbitrariness of court explanation and arbitrariness of law-enforcement practice.
It was necessary usage of expert methods by civil community for the conduction of law explanation and preventive activity among Internet-users. Media outlets, owners, moderators and developers of websites could improve quality of information and prevent emergence of destructive materials.
Journalists demanded according to international norms and law of the Republic of Kazakhstan. There was following:
This letter was signed by Chairman of Board of Union of Journalists of Kazakhstan Seyitkazy Matayev, Administrator of Kazakhstan of Judicial Forum http://forum.zakon.kz Igor Loskutov, President of International Foundation for Protection of Freedom of Speech “Adil Soz” Tamara Kaleyeva, Head of Public Foundation of Independent Expertise of Information Disputes Galiya Azhenova and Activist of Flash-Mob “For Free Internet” Eugeniya Plakhina.
They proposed to all journalists and Internet-users, who supported their demands, place this material as a request on blogs of Prime Minister of the Republic of Kazakhstan K. Masimov http://blogs.e.gov.kz/blogs/masimov_k/question and Minister of Justice of the Republic of Kazakhstan R. Tusupbekov http://blogs.e.gov.kz/blogs/tusupbekov_r.
Law “On Amendments into Some Legislative Acts of Information and Communication Networks of the Republic of Kazakhstan” was come to law-enforcement in August 2009. As a result of it all Internet-resources were made equal to mass media; owners and users of Internet-resources carried criminal, civil and administrative responsibility.
Computer Emergency Response Team began control of Internet-resources of destructive content. But, criterions and methods were used for the identification of destructive content of this organization and by law-enforcement, supervisory and court organs. Owners of Internet-resources, editors of websites and moderators had no any access to it.
Employees of the company “Yurinfo” have made a request, addressed to Vice Minister of Justice D. Kustavletov. He said that these methods were used in concrete court cases of Centre of Court Expertise of Ministry of Justice. They were related to the category “For Official Use Only”; could not be public ones.
This situation posed a threat to freedom of speech and securing of methods, which qualified reports and information of mass media as contravened to Constitution of Kazakhstan. They were not based on law by next reasons:
1. There was no any category “For Official Use Only” in Kazakhstan’s law “On State Secrets”.
2. Making public methods of expert examinations for concrete criminal or civil case could not be divulgation of court and investigative secret
3. Expert examinations have been as proofs during court settlement of matter about closure of the website. Putting of methods of expert examinations into public domain will be result of violation of constitutional and procedural rights of participants of legal proceedings by civil and criminal cases; arbitrariness of court explanation and arbitrariness of law-enforcement practice.
It was necessary usage of expert methods by civil community for the conduction of law explanation and preventive activity among Internet-users. Media outlets, owners, moderators and developers of websites could improve quality of information and prevent emergence of destructive materials.
Journalists demanded according to international norms and law of the Republic of Kazakhstan. There was following:
- Make public special methods and examination of the content and criterions, where barred websites will be determined;
- Obligatory measures of pre-trial regulation should be fulfilled, inform owners of Internet-resources on presence of prohibited content and request for its liquidation;
- Transparency and justification of these actions.
- Inform community on barred websites and legal proceedings as regards this;
- Involve representatives of civil sector in working group, who made legal and regulatory acts, regulated activity of CERT.
This letter was signed by Chairman of Board of Union of Journalists of Kazakhstan Seyitkazy Matayev, Administrator of Kazakhstan of Judicial Forum http://forum.zakon.kz Igor Loskutov, President of International Foundation for Protection of Freedom of Speech “Adil Soz” Tamara Kaleyeva, Head of Public Foundation of Independent Expertise of Information Disputes Galiya Azhenova and Activist of Flash-Mob “For Free Internet” Eugeniya Plakhina.
They proposed to all journalists and Internet-users, who supported their demands, place this material as a request on blogs of Prime Minister of the Republic of Kazakhstan K. Masimov http://blogs.e.gov.kz/blogs/masimov_k/question and Minister of Justice of the Republic of Kazakhstan R. Tusupbekov http://blogs.e.gov.kz/blogs/tusupbekov_r.
