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

General Prosecutor’s Office notified about responsibility for distribution of book of Rakhat Aliev “God father-in-law”

22 may 2009
On May 21, 2009 Press Agency “Novosti-Kazakhstan” disseminated information on criminal responsibility for distribution and quotation of the book of former son-in-law of President of the Republic of Kazakhstan Nursultan Nazarbayev and ex-ambassador in Austria Rakhat Aliev. Criminal responsibility was provided by General Prosecutor’s Office in Kazakhstan. Rakhat Aliev was convicted for organization of criminal group and preparation for seizure of power.

Rakhat Aliev and Former Chairman of Committee of National Security Alnur Musayev were convicted to forty eight years of imprisonment (in total) for organization of criminal group and preparation for seizure of power in Kazakhstan in 2008. Dariga Nazarbayeva has divorced with Rakhat Aliev after sentencing. Aliev has been in Vienna during filling accusation, but Land Court of Vienna has refused Kazakhstan in his extradition. Calculation of period for execution of sentence will begin from imprisonment of convicted persons in accordance with legislation of Kazakhstan. There was information on first copies of book of Rakhat Aliev “God father-in-law” in Russian and German languages have been in book shops of Germany, Switzerland and Austria at the beginning of May.

Official Representative of General Prosecutor’s Office of the Republic of Kazakhstan Saparbek Nurpeisov has said that people, who implicated to purchase and distribution of the book, will be instituted to criminal responsibility as supported to criminal Rakhat Aliev. He has said about it at briefing on May 21, 2009 in Astana.

Saparbek Nurpeisov has said that General Prosecutor’s Office opened two criminal cases in relation to Rakhat Aliev under articles 143 p.2 “Illegal violation of the confidentiality of written correspondence, telephone calls, and mail, telegraph, or other messages of citizens” and 172 p.2 “Illegal obtaining, divulging of state secrets” of Criminal Code of the Republic of Kazakhstan on May 15, 2009.

They have sent these cases to Committee of National Security. Representatives of CNS received them and began investigation on May 16, 2009.

Representative Officer of General Prosecutor’s Office said that investigative officer of CNS decerned on May 16, 2009. The book, its circulation and text have been target of crime and material evidence.

 Nurpeisov has made an estimation of material in the book of Rakhat Aliev. There was untruth information, which discredited rights of citizens. It has been personal privacy and divulging of state secrets. He noted that, who had no any access to these secrets; it had no any right to know its content. But, Nurpeisov knew content of the book. He used his authority in it.

Nurpeisov explained that target of crime has been material evidence could be withdrawn and attached to materials of criminal case under article 121 of Criminal Procedural Code.

He has noted that there was prohibition of usage, getting, distribution and extract of book.

Disclosure of information constituting a state secret by a person to whom it was entrusted or became known through service or work, provided there are no indications of high treason shall be punished with arrest for a period from three to six months or deprivation of freedom for a period up to three years with deprivation of the right to hold certain positions or engage in certain activities for a period up to three years or without such under article 172 of Criminal Code of the Republic of Kazakhstan.
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