Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Public is for observance of lawfulness in case of Bigeldy Gabdullin

23 november 2016

The prominent public figure Murat Auezov, president of International Foundation for Protection of Freedom of Speech “Adil Soz” Tamara Kaleyeva and journalist Kenzhe Tatilya on behalf of editorial staff of the newspaper “Central Asia Monitor” they wrote open letter. It was connected with arrest of publisher of newspaper “Central Asia Monitor” and Internet-portal Radiotochka.kz Bigeldy Gabdullin.  

There was a real shock of arrest on suspicion in commission of grave crimes of publisher of newspaper “Central Asia Monitor” and Internet-portal Radiotochka.kz Bigeldy Gabdullin. His arrest followed imprisonment of Chairman of Union of Journalists of Kazakhstan, President of National Press Club Seitkazy Matayev and General Director of Press Agency “KazTAG” Aset Matayev.      

The Head of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption Kairat Kozhamzharov promised that investigation procedure would be unbiased. They would be witnesses of all evidences. These evidences would be procured during investigating process. But, now formal submissions of arrest have some questions.  

What does mean information attack on heads of state bodies through publication of negative materials discredited business reputation?

The regulatory statute of Supreme Court of the Republic of Kazakhstan “On Application in Court Practice of Legislation on Protection of Honour, Dignity and Business Reputation of Natural and Legal Persons” explains following: ”Discrediting information is a false information which derogated from honour and dignity of an citizen or organization in public opinion or opinion of separate citizens”. But, none critical material published in newspaper “Central Asia Monitor” and Internet-portal “Radiotochka.kz” has been acknowledged as inaccurate in court. Should we interpret position of the Agency of the Republic of Kazakhstan for Civil Service Affairs and Anti-Corruption that any critical publication is information attack henceforth?

The National Bureau of Anti-Corruption informed the public that further Bigeldy Gabdullin, in order to drop crisis, he pinched out state orders from civil servants for his media-resources. They in their turn lobbied campaigns of Gabdullin and concluded agreements for state procurements. Absolutely positive information on their activity has been published only after it in the media.    

The public was interested in analysis of all materials of newspaper “Central Asia Monitor” and Internet-portal “Radiotochka.kz”. Was it connected with exceptional positiveness or predominant criticism? Is there any analysis of these statements? Will evidences be procured than? Probably these evidenced are procuring now during interrogation and searching. Lawyers speak about some violations of rights of Bigeldy Gabdullin. It has given grave impact of some violations of rights on Bigeldy Gabdullin’s health. Every regular reader of these editions knows that they have some criticism. It is not “extortion”. It is made in the interests of state as fight against corruption.

Why was criminal case opened in National Bureau of Anti-Corruption? Criminal cases related to extortion, have they any relation to jurisdiction of law enforcement agencies? What kind of conclusion can we make?

It is extreme important to know, why does cycle of positive information interpret as a result of successful “extortion”? They hoped that representatives of akimat (regional body of executive power) of Zhambyl oblast (in particularly, Kozhamzharov referred to their appeal) they would made a statement for media outlets or held press conference where they would told about pressure upon them on the side of editor-in-chief of these editions and how they “lobbied campaigns of Gabdullin and conclusion of agreement for state purchases. It is more important that, according to their information Internet-portal “Radiotochka” has no state orders from Zhambyl oblast and it did not participate in its tender. One more important thing that state officials (in particularly, they filed suits against B. Gabdullin on protection of their honour, dignity and business reputation, in accordance with the procedure stipulated by law in court).

It appears otherwise that court is one of the fundamental institution of statehood.  It was excluded from their social and political practice; law is used by law enforcement agencies. At bottom law is sap. They hope that state officials understand danger of precedent which actually erodes one of the foundations of the state it means judicial power.

Bigeldy Gabdullin is a journalist with tough and dramatic professional biography, creator and editor of newspapers. These newspapers made history of independent Kazakhstan. He is an holder of national prestigious awards. The whole activity of Bigeldy Gabdullin was focused on support for policy of the President of the Republic of Kazakhstan N.A. Nazarbaev after his return from emigration.  A month ago, he published book “Eight Edges of Nursultan Nazarbaev”. This book was devoted to many-sided personality of the First President of Kazakhstan.   

We hope, that during investigating procedure charges which are brought against Bigeldy Gabdullin there will no same situation in case with Matayevs when state officials who controlled state order they escaped liability resulting from “effective regret” and shed all responsibility on journalists. Otherwise, wemaygiveuponhonestjournalisminKazakhstan.

This letter would be disseminated widely. Everyone who agrees with its content, he/she can put his/her signature to support it. 

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