OPEN APPEALto the Supreme Court of the Republic of Kazakhstan and the Prosecutor General's Office of the Republic of Kazakhstan

Dear representatives of the Supreme Court and the Prosecutor General’s Office,

The International Foundation for the Protection of Freedom of Speech "Adil Soz" expresses its deep concern over the criminal prosecution of journalist Oleg Gusev, which establishes a dangerous precedent for freedom of speech and access to information of public interest in Kazakhstan.

Oleg Gusev has been charged by the Almaty police and prosecutor’s office with committing a serious offense under Part 5 of Article 147 of the Criminal Code of the Republic of Kazakhstan (“Causing significant harm to the rights and legitimate interests of an individual as a result of the unlawful dissemination of personal data constituting a personal or family secret in the media”). The penalty for this offense is imprisonment for a term of three to seven years.

The journalist is being prosecuted for sharing information on criminal and administrative proceedings against individuals, as reflected in verdicts and rulings published on the official website of the Supreme Court—materials that are publicly accessible.

Earlier, the Adil Soz Foundation published a detailed legal analysis of this case, emphasizing that the journalist’s actions fully comply with both national law and international standards, including Article 14 of the International Covenant on Civil and Political Rights.

Under Part 3 of Article 29 of the Criminal Procedure Code, court verdicts and rulings rendered in a case are publicly announced. Similarly, Part 1 of Article 21 of the Code of Administrative Offenses provides that administrative proceedings are open to the public. This means that information regarding an individual (full name), the classification of the offense (article of the Criminal Code or Code of Administrative Offenses), and the imposed punishment (fine amount, term of arrest or imprisonment, etc.) is always made public.

The openness of judicial decisions is also enshrined in Paragraph 1 of Article 14 of the International Covenant on Civil and Political Rights, ratified by the Republic of Kazakhstan under Law No. 91 dated November 28, 2005.

Accordingly, once sentences and rulings in criminal and administrative cases are publicly announced, they become public information and cannot be considered personal, family, or otherwise confidential. Paragraph 4 of Article 7 of the Law “On Personal Data and Their Protection” specifies that disseminating such data from publicly available sources, in accordance with the Law, does not require the consent of the individual whose personal data is published. Therefore, information about a person’s criminal or administrative liability, if publicly announced, cannot be deemed a personal or family secret.

The criminal case against Oleg Gusev has now been transferred to the Alatau District Court of Almaty, with the first hearing scheduled for October 9. Given that the case has entered the trial stage, the only lawful decision would be its dismissal due to the absence of any evidence of a crime.

Efforts to hold a journalist criminally liable for using publicly available data contradict both national legislation and the fundamental principles of the rule of law.

In light of the above, the Adil Soz Foundation calls on the Supreme Court to:

- Acquit Oleg Gusev due to the lack of evidence of a crime.

- Ensure the strict observance of rules guaranteeing the openness of judicial decisions and the right of journalists to disseminate publicly available information.

- Affirm that the use of information from official open sources cannot serve as grounds for criminal prosecution.

We also call on the Prosecutor General’s Office of the Republic of Kazakhstan to withdraw the charges against Oleg Gusev.

This case is pivotal for shaping law enforcement practice. A fair and lawful resolution will send a powerful signal supporting freedom of speech and the principles of transparency in Kazakhstan.