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The International Foundation for Freedom of Speech Protection

Attacker is not an attacker if he didn't hear what was said, or why no one sentenced for abusing journalists in Kazakhstan

29 october 2021

The criminal charged on the attack on Oksana Matasova, 716.kz reporter,  was dropped again. It was dropped more than a month ago, but the journalist learnt it on October 28, after contacting Kanat Rysbaev, the head of the inquiry department of the Aqmola region police department.

It should be noted that all this time, Yerlan Rgebaev, the investigator of the investigation department of Kokshetau city Police Department did not answer the victim's calls and avoided meetings her, that constitutes a violation of law. He also ignored the criticism from the heads of the Police Department. Besides it turned out, he dropped the charges after five months after the beginning of the investigation, but ... forgot to notify the applicant about it.

As it was reported, on May 26, Oksana Matasova, reporter of the Kokshetau news website 716.kz, was covering illegal use of child labor for beautification of the Kylshakty river bank. A certain Ruslan Khugoev, who was involved in organizing this work, began to push and curse the journalist, knock out her camera, instead of answering questions. On the same day, the journalist reported the incident  to the police.

And now we will tell a little about the document. Why was the charges were dropped  again?

"Adil soz" comments:

E. Rgebaev did not accept the video of the attack as evidence of guilt. He considered that it contradicted Part 1 of Art. 112 of the Criminal Procedure Code of the Republic of Kazakhstan. Zh. Yeshimov, the head of Kokshetau city police department and A. Baraev, the deputy prosecutor of  Kokshetau supported  with him. It should be noted that O. Matasova was doing her job, and not just making video as a memento. Besides, in accordance with sub-subparagraph 2, paragraph  1 of Art. 118 of the Code of Criminal Procedure of the Republic of Kazakhstan, the video was to be entered upon the record as a object that contained evidence of a criminal offense. Moreover, the investigative agency did not conduct any expert examination of the video to check it for editing and other issues; it even seized it a few months after the incident and did it after  prosecutor's office insisted.

The  investigative agency also did not find any intent in the actions of the attacker. Although the delibarate character of the man's actions was clear . As soon as he learnt that he was talking to a journalist,   he began to knock out her phone, swear and push the reporter  out, trying to prevent the illegal work of minors be covered in media.

And now the final flourish. The police explained to the journalist paragraph 4 of Art. 20 of the  media law, according to which a journalist HAS THE RIGHT to attend in disaster area, in rallies and demonstrations, as well as upon other forms of expression of public, group and personal interests and protest upon presentation of journalist certificate. Oksana introduced herself verbally, and the attacker allegedly did not hear her. And  apparently it did not occur to him to ask for a certificate, therefore, he is innocent!

O. Matasova's lawyer  also did not know about that the pre-trial investigation was dropped though he  tried every day to meet  E. Rgebaev. On October 1 he filed a complaint with the prosecutor's office on the inaction of the investigator. On October 18 the complaint was dismissed. On October 28, the lawyer appealed the decision to the examining court of Kokshetau.

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