Vlast.kz Reporter Detained by Police in Astana

This afternoon in Astana, at the location of a supposed rally, Vlast.kz reporter Beyimbet Moldagali was detained, the media outlet reported. The journalist presented his official identification to the police officers; however, he was taken to the Saryarka Police Department. Beyimbet was prohibited from reporting the incident to his editor and police tried to seize his phone. At the police department, the journalist was photographed and had his fingerprints taken. After about half an hour, he was released without an explanation for the detention.

Adil Soz comments:

In accordance with Article 20 of the Law "On Mass Media," journalists are entitled to be present at peaceful meetings and other forms of public expression, representing public, group, and personal interests by presenting their journalist certificates and distinguished signs. They are allowed to make recordings, including using audiovisual technology. Therefore, the journalist was present at the location of the supposed rally legitimately.

In accordance with Article 787 of the Code of Administrative Offenses, administrative detention is a short-term limitation of personal freedom of individuals for the purpose of suppressing offenses or ensuring production. In accordance with Article 788 of the Code of Administrative Offenses, a protocol is drawn up about administrative detention. A copy of the detention protocol is provided to the person detained for committing administrative offenses. Upon the request of the person detained for committing administrative offenses, their relatives, as well as their place of work or study administration, are immediately notified about their whereabouts. The detainee's rights and obligations under this Code are clarified, and a relevant record is made in the protocol about administrative detention. Failing to explain the detainee's rights and obligations is a significant violation in the production of an administrative offense and may result in responsibility as provided for by the legislation of the Republic of Kazakhstan.

In accordance with Article 795 of the Code of Administrative Offenses, the seizure of items that are tools or subjects of offenses is carried out with the participation of two witnesses or with the use of technical means to document the progress and results. Minutes are drawn up regarding the seizure of items, and a copy of the minutes is provided to the person in relation to whom the ongoing case is being conducted. Taking measures that are not provided for by this Code entails responsibility as established by the laws of the Republic of Kazakhstan.

In accordance with Part 2 of Article 33 of the Law "On the Procedure and Conditions of Detention in Special Institutions and Special Premises Providing Temporary Isolation from Society," only suspects and accused individuals of committing criminal offenses are located in places of detention under guardianship and supervision, and they are subjected to mandatory fingerprinting and photography.
Therefore, the administrative detention of the journalist, the attempt to confiscate the journalist's phone, and the forced fingerprinting and photography by the police are illegal. Furthermore, these actions by the police officials appear to have signs of a criminal offense under Part 2 of Article 158 of the Criminal Code of the Republic of Kazakhstan (Interfering with the legal professional activities of a journalist using official position).