Does General Prosecutor’s Office inform or intimidate media outlets?
18 january 2010
General Prosecutor’s Office of the Republic of Kazakhstan placed its statement, addressed to all media outlets, public associations and other interested persons; placed on its website on December 30, 2009.
It resembled journalists that propaganda of extremism, national supremacy and publication of materials, and distribution of information, directed to incitement of national enmity has been as grounds for stoppage or closure of media issue in accordance with law “On Mass Media”; informed that different associations could disseminate untruth information, concerning grounds for growing of agricultural output for export to China; had no any truth information and misrepresent the real situation, unsatisfied persons, including usage of some media outlets, made an attempt for failing of order and damage on normal relationships between Kazakhstan and China.
General Prosecutor’s Office informed that materials by this case were sent to law-enforcement organs for fulfillment of expert researches and taking of procedural decision subjected to presence of features of incitement of national enmity and difference, insulting of national honor and dignity; propaganda of discrimination and supremacy of national membership.
Perpetrators will be instituted to responsibility for commitment under confirmation of above mentioned features of corpus delicti.
Legal service of the foundation “Adil soz” made a comment of this statement as following:
General Prosecutor’s Office has been as sample of keeping of laws. This statement should be as law explanation. It was provided under article 26 of law “On General Prosecutor’s Office” of the Republic of Kazakhstan. The explanation of term “statement” in this law had other meaning.
Article 26 mentioned that law explanation should be given only under concrete grounds; lack of knowledge or incorrect understanding of law could be improper usage. There was lack of reason for such proposal; concrete facts, persons; public associations and media outlets, violated law. Above mentioned explanations contravened to legislation of the Republic of Kazakhstan. Everyone could be as “violator”, who expressed its opinion, concerning actual aspect on ground and actually made a document of General Prosecutor’s Office as Statement of Non-Accessibility of Question, concerning providing of ground for growing of agricultural output for export to China.
In its statement General Prosecutor’s Office of the Republic of Kazakhstan referred to some legislative acts of the Republic of Kazakhstan. It meant, Constitution, laws “On National Security and Counteraction to Extremism”, materials about incitement of national enmity, insulting of national honor and dignity, propaganda of discrimination, supremacy of citizens of nationality. The list was changed. There was only mention of article 6 about state and private property for land. Any citizen of the Republic of Kazakhstan has a right to express its opinion, including aspects of disposal of state property. This constitutional regulation related to democratic principles of freedom of expression as private opinion as expression of opinion of public associations with the help of mass media.
Kazakhstan’s people have a right to participate in government of the state under articles 3 and 33 of Constitution. Government of a state included public discussion of state power and administration.
Republic of Kazakhstan is a member of United Nations and Chairman of OSCE. These authoritative and international organizations deemed that right for freedom of expression had particular importance in any democratic society and has been fundamental human right and criterion of freedom.
It resembled journalists that propaganda of extremism, national supremacy and publication of materials, and distribution of information, directed to incitement of national enmity has been as grounds for stoppage or closure of media issue in accordance with law “On Mass Media”; informed that different associations could disseminate untruth information, concerning grounds for growing of agricultural output for export to China; had no any truth information and misrepresent the real situation, unsatisfied persons, including usage of some media outlets, made an attempt for failing of order and damage on normal relationships between Kazakhstan and China.
General Prosecutor’s Office informed that materials by this case were sent to law-enforcement organs for fulfillment of expert researches and taking of procedural decision subjected to presence of features of incitement of national enmity and difference, insulting of national honor and dignity; propaganda of discrimination and supremacy of national membership.
Perpetrators will be instituted to responsibility for commitment under confirmation of above mentioned features of corpus delicti.
Legal service of the foundation “Adil soz” made a comment of this statement as following:
General Prosecutor’s Office has been as sample of keeping of laws. This statement should be as law explanation. It was provided under article 26 of law “On General Prosecutor’s Office” of the Republic of Kazakhstan. The explanation of term “statement” in this law had other meaning.
Article 26 mentioned that law explanation should be given only under concrete grounds; lack of knowledge or incorrect understanding of law could be improper usage. There was lack of reason for such proposal; concrete facts, persons; public associations and media outlets, violated law. Above mentioned explanations contravened to legislation of the Republic of Kazakhstan. Everyone could be as “violator”, who expressed its opinion, concerning actual aspect on ground and actually made a document of General Prosecutor’s Office as Statement of Non-Accessibility of Question, concerning providing of ground for growing of agricultural output for export to China.
In its statement General Prosecutor’s Office of the Republic of Kazakhstan referred to some legislative acts of the Republic of Kazakhstan. It meant, Constitution, laws “On National Security and Counteraction to Extremism”, materials about incitement of national enmity, insulting of national honor and dignity, propaganda of discrimination, supremacy of citizens of nationality. The list was changed. There was only mention of article 6 about state and private property for land. Any citizen of the Republic of Kazakhstan has a right to express its opinion, including aspects of disposal of state property. This constitutional regulation related to democratic principles of freedom of expression as private opinion as expression of opinion of public associations with the help of mass media.
Kazakhstan’s people have a right to participate in government of the state under articles 3 and 33 of Constitution. Government of a state included public discussion of state power and administration.
Republic of Kazakhstan is a member of United Nations and Chairman of OSCE. These authoritative and international organizations deemed that right for freedom of expression had particular importance in any democratic society and has been fundamental human right and criterion of freedom.
