Statement by the International Foundation for the Protection of Freedom of Speech "Adil Soz" on the Case of Journalist Sandugash Duyssenova

The International Foundation for Protection of Freedom of Speech "Adil Soz" expresses concern regarding the pre-trial investigation initiated against journalist Sandugash Duyssenova under Article 274 of the Criminal Code of the Republic of Kazakhstan ("Dissemination of knowingly false information"), based on a complaint filed by the director of Tavidi LLP.

In this case, the grounds for registering the pre-trial investigation were a publication in which Sandugash Duyssenova quoted the words of a teenager who had lost family members in a fire following a gas explosion. The publication did not contain statements made by the journalist herself, nor did it draw any conclusions about culpability — it merely conveyed the emotional reaction of the victim’s relative to the events.

According to Part 1 of Article 180 of the Criminal Procedure Code, a criminal case may only be initiated if there are elements of a criminal offense.

At the same time, Article 274 of the Criminal Code sets out three mandatory elements that must be present in combination:

1. Falsehood of the information: According to Paragraph 17 of Regulatory Resolution No. 7 of the Supreme Court dated 27 November 2015, evaluative judgments — including opinions, versions, and assumptions — do not give rise to liability under Article 274. The publication reflected a version of the events voiced by the son of the deceased, not a factual assertion by the journalist.
    

2. Knowledge of falsity ("knowingly false"): This element implies that the person intentionally disseminated information while knowing it to be false. In this case, it is evident that the journalist was reporting facts as presented by the victims and had no intent to cause disruption.
    

3. Substantial harm: For a case to be initiated, it must be proven that significant damage was caused (for a legal entity, this means over 10,000 Monthly Calculation Indices, or more than 39 million tenge). The case materials contain no such evidence.

Therefore, the actions of the journalist do not meet the legal definition of a criminal offense under Article 274 of the Criminal Code. Accordingly, the case should be closed under Point 1, Part 1 of Article 35 of the Criminal Procedure Code — due to the absence of a criminal act.

We also draw attention to Article 19 of the International Covenant on Civil and Political Rights, ratified by Kazakhstan, which guarantees every person the right to freedom of expression, including the freedom to seek, receive, and impart information.

We hope that the investigative and prosecutorial authorities will thoroughly consider the defence’s arguments and make a decision in full compliance with the law and the principles of legal certainty.

Adil Soz expresses its support for Sandugash Duyssenova and advocates for the proper protection of journalists’ rights, particularly when reporting on tragic events in the public interest.