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

The court in Almaty fined Radio Azattyk for statements about the CSTO

17 november 2023

Judge R. Aliyeva of the specialized inter-district court for administrative offenses in Almaty found Radio Free Europe/Radio Liberty-Kazakhstan guilty of disseminating false information. The court imposed a fine in the form of an administrative penalty amounting to 30 MCI (103,500 tenge). The court's decision can be appealed in the appellate instance.
Alisher Turabayev, a resident of Shymkent, filed a statement with the court requesting to hold the chief editor of the Almaty bureau of Radio Azattyk, Kasym Amanzhol, administratively liable under Article 456-2, Part 1 of the Administrative Code of the Republic of Kazakhstan.
The reason was an article titled «Lawyer: Detained Timur Danebaev «temporarily» transferred from the detention facility in Atbasar to Kokshetau», published on September 19 on the Azattyk website, where, as stated in the statement, it is affirmatively reported that «Russia leads the CSTO». Alisher Turabayev believes that this statement, asserting that Russia leads the CSTO, calls into question the sovereignty and independence of our country, the economic independence of Kazakhstan, and misleads readers.
There were three hearings in total on the case, including today's. The editorial office filed two motions - to terminate the case due to the absence of elements of the offense and to conduct a judicial linguistic examination. The court refused to conduct the examination, stating that it would provide a legal assessment itself. Turabayev also sought an examination at the Center for Judicial Expertise, but was denied the study due to the lack of methodology.
As previously noted by Adil Soz, according to paragraph 4 of paragraph 1 of Article 807 of the Administrative Code, an individual has the right to apply to the court to hold someone administratively liable under Article 456-2, Part 1 of the Administrative Code only FOR THE RESTORATION OF VIOLATED RIGHTS.
The applicant points out that the published information allegedly calls into question the sovereignty, independence, and economic self-sufficiency of Kazakhstan, supposedly placing Kazakhstan under the control of another state. However, the applicant does not specify WHICH EXACT RIGHT OF HIS is allegedly violated by the publication. Article 807 of the Administrative Code does not grant citizens the right to apply to the court to restore the rights of other citizens, as well as to protect the interests of the state.
 

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