Prosecutor General of Kazakhstan has to take case of magazine "ADAM bol" under his personal control
15 december 2014
Dear Mr. Askhat Daulbaev,
We ask you to pay your attention to problems of rule of law and role of prosecutor's office in trial on closure of magazine"ADAM bol".
At the present time, trial is held in Medeu District Court of Almaty. The Department of Internal Policy of Almaty has filed a suit against owner and editor-in-chief of magazine "ADAM bol" on November 18, 2014. It charged magazine with propaganda and agitation of war. The charges originated from article "Our Kazakh people on foreign war" which was published in the magazine "ADAM bol" on August 29, 2014. On November 20, 2014 judge A. Abisheva has made a rule of prohibition of publication of magazine "ADAM bol" in order to secure a claim. The obligatory component of proganda of the war are calls on war, it means calls on violence, participation in illegal military formation etc., these actions, according to article 1"On Combatting Extremism" of Law of the Republic of Kazakhstan are extremism. According to article 12 "On Combatting Extremism" of Law of the Republic of Kazakhstan these materials can be declared extremist by court only upon motion of prosecutor which is considered in order, according to Chapter 36-2 of Civil Procedural Code of the Republic of Kazakhstan.
The Prosecutor's Office of the Republic of Kazakhstan does not find signs of extremism in published material, it did not file a suit on admittance of material as extremist one; Department of Internal Policy under the Akimat (District Administration) of Almaty has already filed a suit on closure of magazine in connection with publication of extremist material.
So, suit which was filed by Department of Internal Policy under the Akimat (District Administration) of Almaty this suit is premature and prosecutor who is involved in trial he should take concrete position. Otherwise, it appears that prosecutor's office during some months has slept and it continues to sleep with regard to published material of magazine which has allegedly signs of extremism; Department of Internal Policy under the Akimat (District Administration) of Almaty should impose order in spite of inactive prosecutor's office.
Your attention drawn to a great public interest which is connected with this trial within Kazakhstan and without. This disputable publication has an independent point of view of Kazakh people, cocerning situation in Ukraine. On the results of this case some of them shall evaluate quality of justice and information independence of Kazakhstan. In this regard, we ask you as Prosecutor-General of the Republic of Kazakhstan to take this case under your personal control.
This appeal was signed by:
Executive Director of Public Foundation "Charter on Human Rights" Zhemis Turmagambetova and President of International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva.
We ask you to pay your attention to problems of rule of law and role of prosecutor's office in trial on closure of magazine"ADAM bol".
At the present time, trial is held in Medeu District Court of Almaty. The Department of Internal Policy of Almaty has filed a suit against owner and editor-in-chief of magazine "ADAM bol" on November 18, 2014. It charged magazine with propaganda and agitation of war. The charges originated from article "Our Kazakh people on foreign war" which was published in the magazine "ADAM bol" on August 29, 2014. On November 20, 2014 judge A. Abisheva has made a rule of prohibition of publication of magazine "ADAM bol" in order to secure a claim. The obligatory component of proganda of the war are calls on war, it means calls on violence, participation in illegal military formation etc., these actions, according to article 1"On Combatting Extremism" of Law of the Republic of Kazakhstan are extremism. According to article 12 "On Combatting Extremism" of Law of the Republic of Kazakhstan these materials can be declared extremist by court only upon motion of prosecutor which is considered in order, according to Chapter 36-2 of Civil Procedural Code of the Republic of Kazakhstan.
The Prosecutor's Office of the Republic of Kazakhstan does not find signs of extremism in published material, it did not file a suit on admittance of material as extremist one; Department of Internal Policy under the Akimat (District Administration) of Almaty has already filed a suit on closure of magazine in connection with publication of extremist material.
So, suit which was filed by Department of Internal Policy under the Akimat (District Administration) of Almaty this suit is premature and prosecutor who is involved in trial he should take concrete position. Otherwise, it appears that prosecutor's office during some months has slept and it continues to sleep with regard to published material of magazine which has allegedly signs of extremism; Department of Internal Policy under the Akimat (District Administration) of Almaty should impose order in spite of inactive prosecutor's office.
Your attention drawn to a great public interest which is connected with this trial within Kazakhstan and without. This disputable publication has an independent point of view of Kazakh people, cocerning situation in Ukraine. On the results of this case some of them shall evaluate quality of justice and information independence of Kazakhstan. In this regard, we ask you as Prosecutor-General of the Republic of Kazakhstan to take this case under your personal control.
This appeal was signed by:
Executive Director of Public Foundation "Charter on Human Rights" Zhemis Turmagambetova and President of International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva.
