Society states unconstitutional suspension and closure of independent media
3 march 2014
March 03, 2014
International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan have made a statement, related to suspension and closure of independent media.
Union of Journalists of Kazakhstan and International Foundation for Protection of Freedom of Speech "Adil Soz" express their deep concern with regard to anti-constitutional restrictions of freedom of speech from public authorities.
Under Article 39 of Constitution of the Republic of Kazakhstan "Rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, health and morality of the population".
Contrary to this statement, akimat (district administration) of Almaty and local law-enforcement agencies restrict the constitutional right of citizens to freedom of speech and receiving of information and, also control for adherence of accounting policy of media outlets.
The newspaper "Pravdivaya Gazeta" was shut down, according to judgment of suit of district public prosecutor on February 24, 2014.
We would remind you that, newspaper "Pravdivaya Gazeta" began publishing in April 2013. The circulation of first issue was seized for the reason that newspaper did not publish periodicity of edition. In August 2013 newspaper was suspended during three months, because it exceeded the stated print run by 1,000 copies.
On December 05, 2013 there was a trial on editorial staff of the newspaper "Pravdivaya Gazeta" in absence of defendant and lawyer on the ground of two protocols of akimat (district administration) of Almaty. The issue of newspaper, dated 22 November, 2013 was printed by printing house 20 November, 2013; it was fined on fifty monthly assessment indices. Data outs were printed unclearly in brush proof of this issue; judge decided to suspend the publication of newspaper during three months.
In court of appeal, representatives of newspaper offered evidence, that none of copy of newspaper was sold before 22nd December, 2013. Unclear data outs were caused by technical errors of printing house; printing house eliminated them timely. However, court decision on suspension of edition and fine has been left standing.
In 2013 newspapers "Pravda Kazakhstana", "Rek-Time Kazakhstan", "Ashyk Alan" and etc. were fined and suspended because of shady evidences for the same de minimis infractions.
The total control, according to information of Department of Internal Policy of Akimat (District Administration) of Almaty are still in progress in 2014, but heads of media business and the general public are not informed about it properly.
We ask:
1. The General Prosecutor's Office of the Republic of Kazakhstan shall check legality and well-foundedness of judicial decisions on closure and suspension of media;
2. Members of Majilis of Parliament shall address to the Constitutional Council, concerning compliance of article 350 of Code of Administrative Offences with norms of the Constitution of Kazakhstan; exclude from a draft of new Code of Administrative Offences of the Republic of Kazakhstan penalty in the form of suspension and closure of media for de minimis infractions of accounting policy;
3. The Akimat (District Administration) of Almaty shall post on its website a list of controlled associations of media business and correct it by reference to the Order of President of Kazakhstan, concerning Moratorium on Control of Subjects of Small and Medium Business.
Chairman of Board of Directors of Union of Journalists of Kazakhstan
S. Matayev.
President of International Foundation for Protection of Freedom of Speech "Adil Soz"
T. Kaleyeva.
International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of Kazakhstan have made a statement, related to suspension and closure of independent media.
To:
Prosecutor General of the Republic of Kazakhstan
A.K. Daulbayev
Speaker of Majilis of Parliament of the Republic of Kazakhstan
N.Z. Nigmatulin
Copy
To:
Akim (Governor) of Almaty
A.S. Esimov
Statement
Union of Journalists of Kazakhstan and International Foundation for Protection of Freedom of Speech "Adil Soz" express their deep concern with regard to anti-constitutional restrictions of freedom of speech from public authorities.
Under Article 39 of Constitution of the Republic of Kazakhstan "Rights and freedoms of an individual and citizen may be limited only by laws and only to the extent necessary for protection of the constitutional system, defense of the public order, human rights and freedoms, health and morality of the population".
Contrary to this statement, akimat (district administration) of Almaty and local law-enforcement agencies restrict the constitutional right of citizens to freedom of speech and receiving of information and, also control for adherence of accounting policy of media outlets.
The newspaper "Pravdivaya Gazeta" was shut down, according to judgment of suit of district public prosecutor on February 24, 2014.
We would remind you that, newspaper "Pravdivaya Gazeta" began publishing in April 2013. The circulation of first issue was seized for the reason that newspaper did not publish periodicity of edition. In August 2013 newspaper was suspended during three months, because it exceeded the stated print run by 1,000 copies.
On December 05, 2013 there was a trial on editorial staff of the newspaper "Pravdivaya Gazeta" in absence of defendant and lawyer on the ground of two protocols of akimat (district administration) of Almaty. The issue of newspaper, dated 22 November, 2013 was printed by printing house 20 November, 2013; it was fined on fifty monthly assessment indices. Data outs were printed unclearly in brush proof of this issue; judge decided to suspend the publication of newspaper during three months.
In court of appeal, representatives of newspaper offered evidence, that none of copy of newspaper was sold before 22nd December, 2013. Unclear data outs were caused by technical errors of printing house; printing house eliminated them timely. However, court decision on suspension of edition and fine has been left standing.
In 2013 newspapers "Pravda Kazakhstana", "Rek-Time Kazakhstan", "Ashyk Alan" and etc. were fined and suspended because of shady evidences for the same de minimis infractions.
The total control, according to information of Department of Internal Policy of Akimat (District Administration) of Almaty are still in progress in 2014, but heads of media business and the general public are not informed about it properly.
We ask:
1. The General Prosecutor's Office of the Republic of Kazakhstan shall check legality and well-foundedness of judicial decisions on closure and suspension of media;
2. Members of Majilis of Parliament shall address to the Constitutional Council, concerning compliance of article 350 of Code of Administrative Offences with norms of the Constitution of Kazakhstan; exclude from a draft of new Code of Administrative Offences of the Republic of Kazakhstan penalty in the form of suspension and closure of media for de minimis infractions of accounting policy;
3. The Akimat (District Administration) of Almaty shall post on its website a list of controlled associations of media business and correct it by reference to the Order of President of Kazakhstan, concerning Moratorium on Control of Subjects of Small and Medium Business.
Chairman of Board of Directors of Union of Journalists of Kazakhstan
S. Matayev.
President of International Foundation for Protection of Freedom of Speech "Adil Soz"
T. Kaleyeva.
