Monitoring of violations of freedom of speech in Kazakhstan in June 2009
24 july 2009
Monitoring of Foundation “Adil soz” has registered 101 reports in June 2009. 29 of which define the actual state of mass media in light of the political atmosphere of the month; 44 of which provide information on direct violation of rights of mass media and journalists; 28- on conflicts and charges brought forward against mass media and journalists.
Closure of the month: Specialized Inter District Administrative Court of Caraganda region has closed TV Company “ART”.
TV Channel was accused in propaganda of forced changes of constitutional system, violation of republic integrity; breaking up the security of the state, war, social, national, tribal, racial, class, religious and tribal leadership, the cult of cruelty and violence and political extremism.
There was a legal proceeding of Specialized Inter District Administrative Court of Caraganda by suit of Caraganda Regional Prosecutor’s Office to TV Company “ART” on June 04, 2009. Editorial staff of TV Company “ART” was charged of dissemination of materials and information, directed to incitement of national enmity.
As a result of it editorial staff of Caraganda TV Company “ART” was fined by sixty monthly assessment indices (it means 76380 tenge) with forfeiture of media output. The charges stemmed from information “Kazakhs people, join to us and let’s we beat Russian people” on SMS-chat of TV Company “ART”. There was a reply such as, “We are ready!” in fifteen minutes.
The staff of TV Channel “ART” has explained that it was connected with technical error. Messages have been in Kazakh language, but technical person, who moderated SMS-chat and passed messages “on-air”, did not know Kazakh language. He was given an administrative punishment.
Journalistic community of the Republic of Kazakhstan is unsatisfied by situation, happened with Caraganda TV Company “TV-art”. They have asked for Public Prosecutor give objective estimation of the situation. But, it did not consider appeal of journalistic organizations.
Head of TV Channel “ART” Ruslan Nikonovich is sure that “on-air” dangerous messages have been motive of pressure upon TV Channel “ART”. He thinks that it is connected with struggle for tender money. (See Chapter II, p.2; Chapter I, p.2)
Cooperation of the month: On June 25, 2009 Head of Agriculture Department of Atyrau region Zhankeldy Rakhmetkaliev has met with correspondent of the newspaper “Ak Zhayik” Timur Kaziev in his reception room. Rakhmetkaliev did not permit Kaziev to sit there. In spite of it Kaziev has suggested to Rakhmetkaliev to go to Disciplinary Council or Office of Regional Akim for solution of situation.
But, Zhankeldy Rakhmetkaliev has refused and locked in his study. Some times later he came to reception room and said to journalist about his appointment. Rakhmetkaliev could not provide any information for him and forbade its dissemination among his staff. (See Chapter II p.2)
Commerce of the month: Editorial staff of the newspaper “Respublika –delovoye obozrenie” has addressed to Department of Justice of Pavlodar region for getting of information. Employees of Department have agreed to take request, but first of all journalist should pay forty eight tenge in bank. They have explained that form of ownership of the newspaper “Respublika –delovoye obozrenie” has been LLP. That is why newspaper has been as commercial structure.
Journalists were unsatisfied by such situation. Under article 18, of the law of the Republic of Kazakhstan “On Mass Media”, state bodies and other organizations are obliged to provide information requested by Mass Media on equal basis. It does not depend on form of ownership and accessory. Employee of Department Alibekova has said that they had equal basis with commercial organizations. (See Chapter I, p.5)
Changes of the month: The Judge of Aktobe Regional Court Adaybek Seydullayev has addressed to court three times. It was connected with publication in the newspaper “Diapason”. At the beginning of April he has brought a suit to court of Aktobe about protection of honor, dignity, business reputation and recovery of 5 000 000 tenge as moral damage. Adaybek Seydullayev has thought that the newspaper accused him in breaking of legislation, using its publication “Show on court stages”. As a result of it he had sufferings.
But, at the end of April he has refused from his suit. As a result of it City Court has finished legal proceeding.
On June 03, 2009 Adaybek Seydullayev has addressed to Board for Civil Cases of Aktobe Regional Court with private complaint. He has asked to cancel ruling of court (on April 30, 2009) and remand the case for a new trial. On June 18, 2009 there was a suit of Seydullayev to regional court of Aktobe. It has been about refusal of private claim for ruling of Aktobe court. The court has satisfied this claim. (See Chapter III, p.4)
Image of the month: Inhabitant of the village Yesil of Osakar district of Caraganda region has addressed to correspondent point of the newspaper “Caravan”. She has told that her husband was taken by policemen to mental health clinic. She does not know about it anything. This woman told that her husband has been under pressure. He has brought a suit to court of Osakar district. It was a suit for Head of Domestic Peasant Agriculture.
There was a publication of article Tatiana Ten “Are persons non grata to mental health clinic?” on May 29, 2009. There was a letter from Department of Internal Affairs of Caraganda region after publication of the article. They asked to publish refutation. It was necessary making of control of facts. Otherwise, there will be negative relation to Department of Internal Affairs of the Republic of Kazakhstan and its image. (See Chapter III, p.4)
Permission of the month: Chairman of Housing-Construction Co-operative “Prosveschenets” Galina Sokolova has come to editorial office of the newspaper “Kurs” (Kokshetau). She has said that journalist could not be at the meeting of HCC without permission of chairman.
Then, Galina Sokolova has addressed to Kokshetau City Court with suit. It was a suit in relation to editorial staff and journalist. The court should bind media outlets to get permission for visit of meetings of HCC and not to publish articles by this subject without permission. (See Chapter III, p.2)
Insurance of the month: Administrator of website of the newspaper “Megapolis” has addressed to internet-users. He has explained reasons of taking of decisions by editorial staff. It was connected with comments under publications on military subject which were shut down. Some commentators do not think about consequences. For example, incitement of national enmity or damaging information without any proves. There is an opinion that some people use comments on the website of “Megapolis” for solution of their problems. In a case of publication authorized bodies can take concrete measures in relation to editorial staff of the newspaper “Megapolis” in accordance with new amendments of legislation. (See Chapter I, p.4)
Record of the month: Zhetysu District Court of Almaty has taken a decision by suit of National Bank of the Republic of Kazakhstan about protection of honor, dignity, business reputation and recovery of 165 000 000 tenge as moral damage to the newspaper “Vremya” and journalist Aleksey Konovalov. Plaintiff has demanded publication of refutation of discredited information.
The charges stemmed from article “Whose is intuition?” by A. Konovalov about trades on Kazakhstan Stock Exchange the day before strong devaluation on February 03, 2009. Organizations, affiliated with People’s Bank have become main purchasers.
Employees of National Bank have thought that there was untruth information in publication, discredited business reputation of bank and its head. They have charged A. Konovalov of divulgation of information, concerning future devaluation of national currency for some judicial persons.
On June 30, 2009 court has bound newspaper to publish official refutation of untruth information on first page and recover 1.5 000 000 tenge from editorial staff and 150 000 tenge from journalist as moral damage. (See Chapter III, p.4)
Closure of the month: Specialized Inter District Administrative Court of Caraganda region has closed TV Company “ART”.
TV Channel was accused in propaganda of forced changes of constitutional system, violation of republic integrity; breaking up the security of the state, war, social, national, tribal, racial, class, religious and tribal leadership, the cult of cruelty and violence and political extremism.
There was a legal proceeding of Specialized Inter District Administrative Court of Caraganda by suit of Caraganda Regional Prosecutor’s Office to TV Company “ART” on June 04, 2009. Editorial staff of TV Company “ART” was charged of dissemination of materials and information, directed to incitement of national enmity.
As a result of it editorial staff of Caraganda TV Company “ART” was fined by sixty monthly assessment indices (it means 76380 tenge) with forfeiture of media output. The charges stemmed from information “Kazakhs people, join to us and let’s we beat Russian people” on SMS-chat of TV Company “ART”. There was a reply such as, “We are ready!” in fifteen minutes.
The staff of TV Channel “ART” has explained that it was connected with technical error. Messages have been in Kazakh language, but technical person, who moderated SMS-chat and passed messages “on-air”, did not know Kazakh language. He was given an administrative punishment.
Journalistic community of the Republic of Kazakhstan is unsatisfied by situation, happened with Caraganda TV Company “TV-art”. They have asked for Public Prosecutor give objective estimation of the situation. But, it did not consider appeal of journalistic organizations.
Head of TV Channel “ART” Ruslan Nikonovich is sure that “on-air” dangerous messages have been motive of pressure upon TV Channel “ART”. He thinks that it is connected with struggle for tender money. (See Chapter II, p.2; Chapter I, p.2)
Cooperation of the month: On June 25, 2009 Head of Agriculture Department of Atyrau region Zhankeldy Rakhmetkaliev has met with correspondent of the newspaper “Ak Zhayik” Timur Kaziev in his reception room. Rakhmetkaliev did not permit Kaziev to sit there. In spite of it Kaziev has suggested to Rakhmetkaliev to go to Disciplinary Council or Office of Regional Akim for solution of situation.
But, Zhankeldy Rakhmetkaliev has refused and locked in his study. Some times later he came to reception room and said to journalist about his appointment. Rakhmetkaliev could not provide any information for him and forbade its dissemination among his staff. (See Chapter II p.2)
Commerce of the month: Editorial staff of the newspaper “Respublika –delovoye obozrenie” has addressed to Department of Justice of Pavlodar region for getting of information. Employees of Department have agreed to take request, but first of all journalist should pay forty eight tenge in bank. They have explained that form of ownership of the newspaper “Respublika –delovoye obozrenie” has been LLP. That is why newspaper has been as commercial structure.
Journalists were unsatisfied by such situation. Under article 18, of the law of the Republic of Kazakhstan “On Mass Media”, state bodies and other organizations are obliged to provide information requested by Mass Media on equal basis. It does not depend on form of ownership and accessory. Employee of Department Alibekova has said that they had equal basis with commercial organizations. (See Chapter I, p.5)
Changes of the month: The Judge of Aktobe Regional Court Adaybek Seydullayev has addressed to court three times. It was connected with publication in the newspaper “Diapason”. At the beginning of April he has brought a suit to court of Aktobe about protection of honor, dignity, business reputation and recovery of 5 000 000 tenge as moral damage. Adaybek Seydullayev has thought that the newspaper accused him in breaking of legislation, using its publication “Show on court stages”. As a result of it he had sufferings.
But, at the end of April he has refused from his suit. As a result of it City Court has finished legal proceeding.
On June 03, 2009 Adaybek Seydullayev has addressed to Board for Civil Cases of Aktobe Regional Court with private complaint. He has asked to cancel ruling of court (on April 30, 2009) and remand the case for a new trial. On June 18, 2009 there was a suit of Seydullayev to regional court of Aktobe. It has been about refusal of private claim for ruling of Aktobe court. The court has satisfied this claim. (See Chapter III, p.4)
Image of the month: Inhabitant of the village Yesil of Osakar district of Caraganda region has addressed to correspondent point of the newspaper “Caravan”. She has told that her husband was taken by policemen to mental health clinic. She does not know about it anything. This woman told that her husband has been under pressure. He has brought a suit to court of Osakar district. It was a suit for Head of Domestic Peasant Agriculture.
There was a publication of article Tatiana Ten “Are persons non grata to mental health clinic?” on May 29, 2009. There was a letter from Department of Internal Affairs of Caraganda region after publication of the article. They asked to publish refutation. It was necessary making of control of facts. Otherwise, there will be negative relation to Department of Internal Affairs of the Republic of Kazakhstan and its image. (See Chapter III, p.4)
Permission of the month: Chairman of Housing-Construction Co-operative “Prosveschenets” Galina Sokolova has come to editorial office of the newspaper “Kurs” (Kokshetau). She has said that journalist could not be at the meeting of HCC without permission of chairman.
Then, Galina Sokolova has addressed to Kokshetau City Court with suit. It was a suit in relation to editorial staff and journalist. The court should bind media outlets to get permission for visit of meetings of HCC and not to publish articles by this subject without permission. (See Chapter III, p.2)
Insurance of the month: Administrator of website of the newspaper “Megapolis” has addressed to internet-users. He has explained reasons of taking of decisions by editorial staff. It was connected with comments under publications on military subject which were shut down. Some commentators do not think about consequences. For example, incitement of national enmity or damaging information without any proves. There is an opinion that some people use comments on the website of “Megapolis” for solution of their problems. In a case of publication authorized bodies can take concrete measures in relation to editorial staff of the newspaper “Megapolis” in accordance with new amendments of legislation. (See Chapter I, p.4)
Record of the month: Zhetysu District Court of Almaty has taken a decision by suit of National Bank of the Republic of Kazakhstan about protection of honor, dignity, business reputation and recovery of 165 000 000 tenge as moral damage to the newspaper “Vremya” and journalist Aleksey Konovalov. Plaintiff has demanded publication of refutation of discredited information.
The charges stemmed from article “Whose is intuition?” by A. Konovalov about trades on Kazakhstan Stock Exchange the day before strong devaluation on February 03, 2009. Organizations, affiliated with People’s Bank have become main purchasers.
Employees of National Bank have thought that there was untruth information in publication, discredited business reputation of bank and its head. They have charged A. Konovalov of divulgation of information, concerning future devaluation of national currency for some judicial persons.
On June 30, 2009 court has bound newspaper to publish official refutation of untruth information on first page and recover 1.5 000 000 tenge from editorial staff and 150 000 tenge from journalist as moral damage. (See Chapter III, p.4)
