Monitoring of violations of freedom of speech in Kazakhstan in August, 2012 (Digest)

In August, 2012 monitoring of violations of freedom of speech of foundation “Adil Soz” has registered 75 reports. There were:

-Journalists Ularbek Baitalak and Maxim Kartashov and Andrey Tsukanov were attacked;

−The court has satisfied a suit of correspondent of the newspaper “Vremya” Stas Kisilev to the Head of RSE “UK 161/1” Kayrat Omarov.

− A suit in the amount of KZT3000000 was filed against journalist of newspaper “Uralskaya Nedelya” Lukpan Akhmedyarov and founder of the edition;

-International organization ARTICLE 19 stated that the statements of Civil Code of the Republic of Kazakhstan, concerning defamation, restricted freedom of expression.

In general, since the start of 2012, 12 criminal charges were brought and 67 claims and suits were made in the amount of four milliards, one hundred and eighty four millions and nine and twenty thousands tenge to media outlets and citizens in connection with fulfillment of the right to freedom of expression, obtaining and distribution of information.

I. Violations of rights of media and journalists

1. Attacks on journalists and media workers

August, 05 Andrei Tsukanov, «Golos Respubliki” (Almaty)

Correspondent of newspaper "Golos Respubliki" Andrey Tsukanov was attacked by unknown persons on the night of August 05, 2012. Andrey Tsukanov has told that on the way to his house, suddenly someone came up from behind and hit him with hard object on his head. Tsukanov has lost consciousness.

Attackers took his passport, bank card, editorial certificate, mobile phones and train ticket( in particular, Andrey Tsukanov had to go to Taraz for coverage of the trial over human rights defender Vadim Kuramshin).

Andrey Tsukanov can not believe that this attack is connected with his professional activity. He has filed a complaint with Department of Internal Affairs of Almalinsk District. Policemen said to him that it was a third case in Almalinsk district in a short time.

August, 08 Ularbek Baitalak, journalist (Akmola oblast)

The journalist and employee of the national archives Ularbek Baitailak was attacked around midnight on August 07, 2012 near his home in the suburbs of the Kazakh capital, Astana. A first medical aid was given to him. Ularbek Baitailak was taken the next day to the trauma and orthopaedic centre in Astana with severe injuries.

His colleague, contributor of the newspaper “Walt Times” Zangar Karimkhan has told that his articles were published in newspapers such as, “DAT” , “Tortinshi Bilik” (“Fourth Estate”) and in the magazine “Altyn Tamyr” (“Golden Root”). He tried to resist but lost consciousness and his attackers left him for dead at the edge of the road after covering his body with stones as a symbolic burial.

Now, Ularbek Baitailak is in the trauma and orthopaedic centre of Astana.

1 Ularbek Baitalak had suffered a severe head injury, a deep chest wound, a split lip and several broken teeth. Further tests are being carried out to determine the extent of any internal injuries. He also suffered widespread bruising all mover his body. His unable to move around without help and will have to spend at least a month in hospital. He has moderate state.

Criminals stole his suit, the documents he was carrying and his cell phone, as well as KZT50000 (1USD=149.35).

August, 23 Ularbek Baitalak, journalist (Akmola oblast)

The investigative officer of Tselinograd District Department of Internal Affairs of Akmola Oblast, who conducted a case on attack on journalist Ularbek Baitalak, said to him about the detention of one of the suspected persons. He has given confessionary statements; was released, prior to end of investigation on his own recognizance. Policemen found his documents he was carrying. They promised him that all offenders, who attacked him would be detained.

August, 13 Maxim Kartashov, «Khockey Kazakhstana” (Astana)

The sportswriter, magazine publisher “Khockey Kazakhstana” Maxim Kartashov was beaten in Astana on August 13, 2012.

Three unidentified men beat and attempted to strangle Maxim Kartshov at the entrance of his apartment building at 22.00 p.m. on Monday in Astana.

For the first time, M. Kartashov was attacked on March 11, 2004, when he had been sports reporter of the newspaper “Vremya”. Two unidentified men, one of them was holding his hand and the other one punched in his face at the entrance of his apartment building. The journalist was diagnosed with a concussion and contusion of eye bulb and tear of the eyelid.

Maxim Kartashov believes that the previous and the last attack was connected with his professional activity. Kartashov has told that the attack may have been inspired by his recent reporting on alleged corruption in Kazakhstan's ice hockey federation. He said he had received threats in the past in connection to his coverage of ice hockey in the country.

2. Interference to legal professional activity of journalists

August, 03 Suley Baibol, Khabiden Rakhmanberdiev, «Temirkazyk-Oy” (Shymkent)

Journalists of newspaper "Temirkazyk-Oy" (Shymkent) Suley Baybol and Khabiden Rakhmanberdiev attended community liaison office of South Kazakhstan oblast affiliation party "Nur Otan" they wanted to make a review on receiption of citizens on August 03, 2012. The day before, editor-in-chief of the newspaper Anar Suleyeva has discussed possibility for preparation of reviews with the First Deputy for Chairman of Party Affiliation Almasbek Mamytbekov. Suley Baybol and Khabiden Rakhmanberdiev had to make a review on actual problems of citizens and on concrete assistance, which was given by members of the party"Nur Otan". On meeting with journalists Mamytbekov said that correspondents could attend the reception only after procedure of accreditation. Journalists attempted to disagree, that it was community liaison office, but not personal house of his father and he had no right to turn them out of there. Almasbek Mamytbekov fenced, that he did not call them and they troubled him. As a result of it they had to leave community liaison office, journalist could not fulfill the editorial task.

On August 06, 2012 in his telephone conversation A. Mamytbekov with representative of the foundation "Adil Soz" said during reception procedure, some visitors asked to switch off cameras, because they did not want to disclose personal problems. He asked journalists to

2 switch off their video cameras and they should make some notes.

Suley Baybol and Khabiden Rakhmanberdiev thought that there was a violation of their legal rights to obtain public important information.

August, 18 Victor Miroshnichenko, «Vremya” (Petropavlovsk)

The bailiff of court № 2 (Petropavlovsk) has failured to allow reporter of the newspaper «Vremya” (Petropavlovsk) Victor Miroshnichenko attend trial by suit of an inhabitant of Petropavlovsk to city akim (governor).

Victor Miroshnichenko came to court for attending of pronouncement of judgment by suit. A bailiff has denied to introduce himself, blocked Victor Miroshnichenko' way; he has said that only persons, who participated in case, they could attend trial from permission of the presided judge over the trial.Victor Miroshnichenko said that everyone could attend trial. The Secretary of Judge Baurzhan Zhayzhumanov Utegenova has also said that V. Miroshnichenko could attend trial only from permission of judge.

After long arguments, journalist could attend trial.

Later, V. Miroshnichenko has contacted with press service (North Kazakhstan Oblast); he was interested in explanations of actions of a bailiff and secretary. A bailiff and scretary should inform judge about attendance of persons on a trial, who did not participate in a case; there was no necessity to obtain a permission for journalist. A bailiff and secretary were reprimanded.

3. Violation of media right to freedom of speech and opinion

August, 31 «Turan”, “Altyn-Orda” (Atyrau)

On August 31, 2012 journalists of newspaper "Turan" (Atyrau) have handed in their voluntary resignation. They made an appeal and posted it on the website of newspaper "Turan" on August 30, 2012. Journalists could not work there, because founders have exerted pressure on them. They made them to publish articles, which incited social enmity in the society, especially publications of open letters in support of the Ex-Akim (Governor) of Atyrau Oblast Bergey Ryskaliev.

The same appeal to readers was posted on the website of newspaper "Altyn Orda", which was published in Kazakh language.

There was a staff meeting in editorial office of the newspaper "Turan", according to information of the correspondent of foundation "Adil Soz", where the fate of edition would be decided.

4. Unjustified denial and violation of terms of provision of public important information

August, 02 Television Company “7” (Astana)

Department of Internal Affairs (DIA) of Astana has replied on letters-requests of the television company “7” (Astana). There was information on procedure of the pre-investigative control upon statements of journalists of this channel and television channel “24KZ”. On July 14, 2012 Alexander Kononets, Sergei Kornyakov and Dmitriy Oleynikov have filed a complaint with Department of Internal Affairs (Astana). They insisted on institution of policemen to reponsibility for abuse of power.

August, 09 3 Mary Shilo, «Kostanayskie Novosti” (Kostanay)

The Assistant of Head Doctor of Polyclinic (Lisakovsk) Mariyam Mukhamedzhanova has referred to patient confidentiality, she has refused to reply on issues of reporter of the reporter «Kostanayskie Novosti” (Kostanay)Mary Shilo, concerning treatment of nine years-old girl Valeriya Karetnikova. Her mother said that doctors of this polyclinic have incorrectly diagnosed her daughter, the time was lost and as a result of it, girl was died.

Mariyam Mukhamedzhanova did not either reply on a issue, related to quantity of ultrasonographs in the polyclinic.

August, 09 Elena Suprunova, «Moy Gorod” (Ust-Kamenogorsk)

On August 09, 2012 reporter of the newspaper «Moy Gorod” (Ust-Kamenogorsk) Elena Suprunova has made a request to Department of Education (East Kazakhstan Oblast), concerning preparedness to school year. Earlier, specialists of the State Epidemilogical Control (East Kazakhstan Oblast) said to journalist, that they filed suits against 35 schools, concerning suspension of maintenance, with regard to their emergency condition.

Elena Suprunova did not receive a reply on her request, towards the end of month.

August, 15 Asel Zhetpisbayeva, «Nasha Yarmarka” (Karaganda)

The Press Secretary of Department of the State Sanitary Epidimiological Control (Karaganda Oblast) Azamat Suleymenov has given a flat denial to reply on issues of the correspondent of weekly«Nasha Yarmarka”(Karaganda)Asel Zhetpisbayeva, concerning mass poisoning of intestinal desease of inhabitants of Balhash.

August, 24 Natalia Sadykova, «Golos Respubliki” (Aktobe)

The reporter of newspaper «Golos Respubliki” (Aktobe) Natalia Sadykova has contacted with the Press Secretary of Akim (Governor) of Aktobe Larissa Tomchuk, concerning issues on problems with dissemination of the newspaper “Diapazon” in the town. Larissa Tomchuk wrote down issues of the journalist, promised to contact with her later, but she did not make it.

August, 28 Alisa Komarova, «Gazeta Novostey” (Karaganda)

The Senior Inspector of Department of Professional Activity of Traffic Police (DIA, Karaganda Oblast) Natalia Sunayt has dismissed to inform correspondent of the weekly «Gazeta Novostey” (Karaganda)Alisa Komarova about road accident in the region on the route Almaty- Ekaterinburg. As a result of it 16 persons were died. Natalia Sunayt had no any spare time allegedly.

6. Illegal restrictions of media distribution

August, 23 «Diapazon” (Aktobe)

The distributor of newspaper«Diapazon” (Aktobe) Klara Akhmetova has addressed to editorial office. She sold printed matters over ten years near shop “Anvar” in Aktobe. Akhmetova said that specialist of city enterprise department came to her and asked to leave place. Upon a request of the editorial staff, the employee of akimat (district administration) Mirzhan Mopykov said that she made uncontrolled trade, it was strictly forbidden. They seized printed matters from newsvendors on pavements, made a record, then brought the case before the court.

4 Editorial staff of newspaper «Diapazon” said that Klara Akhmetova was not a single person, who received the last warning from city akimat (district administration). All newsvendors of «Diapazon” were recorded as uncontrolled ones by city akimat (district administration), they were forbidden to sell it, in accordance with Administrative Code. However, employees of akimat (district administration) did not pay their attention to sellers of diary and fish products, who sold on pavements.

Editorial staff of newspaper «Diapazon” has reminded state officials about law “On Mass Media” from pages of edition: “infringement to disribution of media outputs by legal and physical persons as well as officials of state bodies, illegal seizure, or liquidation of circulation or its part is not admitted, in accordance with judgment, which came into effect”.

7. Violations of principle of trial publicity

August, 10 Zhanar Tulindinova, «Megapolis” (Astana)

On August 10, 2012 Judge of Bar of Appeals of Astana Suleyman Ezhebekov banned reporter of the newspaper«Megapolis” (Astana)Zhanar Tulindinova to attend on a trial during examination of appeal of imprisoned person, who was charged with fraud. The judge asked written explanation of attendance of corrrespondent at the trial; he denied to listen oral explanation and called a bailiff; Tulindinova was removed from court room and court building. Then, Ezhebekov has become softer and permitted her to stay there, if she would not make a photo, audio and video records of a trial.

8. Obstruction of free receiving and dissemination of information

August, 22 Internet-users (Atyrau oblast)

From morning August 22, 2012 to August 23, 2012 14.00 p.m., Aktobe mobile users of three operators such as, «GSM - «GSM Kazakhstan/Kcell», «KarTel” and “Теле2» had no access to high-speed Internet 3G. Reprentatives of mobile operators explained that it was connected with technical failure system. There was information on “temporary suspension of 3G services by order of authorized organ”, posted on the website of “Kcell” company for mobile users.

On August 27, 2012 the Press Service of Ministry of transport and Communications of the Republic of Kazakhstan upon a request of the editorial staff of newspaper “Ak Zhayik”, dated on August 22, 2012 informed and referred to information of KGB of the Republic of Kazakhstan that 3G-Internet was disconnected within the scope of international joint anti-terroristic operative-strategical exercises “Don-Anti-Terror-2012”.

9. Illegal access to computer information

August, 01 www.transparencykazakstan.org

On July 29, 2012 the website of public foundation "Transparency Kazakhstan" www.transparencykazakstan.org. was attacked by hackers. These hackers had an access to domain name, they broke postal system of the organization and postal accounts of employees.

At the present time the domain name is passed to other registrator illegally. The Executive Director of Public Foundation"Transparency Kazakhstan" Sergei Zlotnikov does not exclude that out of control domain is able to disseminate illegal materials with goal to discredit activity of the foundation, its purposes and objectives.

Employees of Public Foundation"Transparency Kazakhstan" has registered its new domain name www.transparencykz.org and asked Internet-users to use this address as basic one.

5 10. Unjustified restrictions of access to websites

August, 10 liveinternet.ru, blog.ru, privet.ru, livejournal.com

The Internet-user Alexander Streletskiy has addressed to blog of Minister of Transport and Communications of the Republic of Kazakhstan Askar Zhumagaliev, concerning continued restriction of access (in particular, in the territory of Kazakhstan) to popular Internet-services of journals such as, liveinternet.ru, blog.ru, privet.ru, livejournal.com. He thought that such situation discredited Kazakhstan in world Internet-community' eyes.

In his reply A. Zhumagaliev said that the above mentioned Internet-resources were blocked, according to judgments of Saryarka District Court (Astana). They had registered illegal content. They should delete illegal materials on a voluntarily basis. After that the access to these Internet-resources will be renewed to the full extent.

12. Unjustified shadowing

August, 06 Portal Janaozen.net (Almaty)

A car with two young men has been stood near office of the portal Janaozen.net day and night. Employees of the portal janaozen.net referred to information of journalists, they informed that these young men have prepared a canister. They did not know either the contents of canister; could only conjecture, that they intended to play a dirty trick on employees of the portal janaozen.net, it might be provocation or arson. Editorial staff has moved to new office over the weekend.

Two young men in car have been on the outlook of journalists within 24 hours of their moving; they did not either hide.

Earlier, the presentation of this website was carried out on March 13, 2012 in Almaty. This Kazakh-speaking Internet-resource – is a zone, which covers tragic events in December, 2011 and also a trial by this case. At presentation, editor-in-chief of the website Kasym Amanzhol said about the pressure, which was exerted on him from Kazakhstan's authority and security agencies.

II. Conflicts, violations, alleged to media and citizens in connection with exercise of one's right to freedom of expression

1. Charges with libel (Article 129 of Criminal Code of the Republic of Kazakhstan) and insult (Article 130 of Criminal Code of the Republic of Kazakhstan)

August, 20 Oxana Matasova, «Akmolinskie Vesti” (Kokshetau)

On August 20, 2012 Kokshetau City Court has acquitted journalist of the newspaper "Akmolinskie Vesti" Oxana Matasova in commission of a crime under articles 129 "Libel" and 130 "Insult" of Criminal Code of the Republic of Kazakhstan. Preventive measure in terms of recognizance not to leave was lifted.

The private prosecutor – is a president of public association "Center of the Development of Modern Journalism", editor of the newspaper "Kurs" Marina Rybalko. The charges originated from article “There is no high right to be a man” by Rinata Zhantasova, published in the newspaper “Akmolinskie Novosti” on June 23, 2011; there was a distribution of libel and insulting in this fragment of article with regard to her. Neither name of journalist nor title of the edition, where she worked, were mentioned in the publication.

The court has considered criminal case repeatedly on May 23, 2012, in accordance with rule of 6 judicial division for appeals of Akmola oblast. Earlier, on April 05, 2012 Kokshetau City Court has made a rule on termination of prosecution of the journalist because of non-apperance of the private prosecutor to legal proceedings. On April 13, 2012 M. Rybalko has made an appeal, related to decree of a judge.

August, 01 Orynbasar Kultasov, an inhabitant of the village Kaska-Su (Tole bi District, South Kazakhstan Oblast)

The criminal case of private prosecution by claim of Deputy of Shymkent City Maslikhat Gani Tashkarev was continued and considered in Tole bi District Court of South Kazakhstan Oblast. He has filed a suit against pensioner, inhabitant of the village Kaska-Su (Tole bi district, South Kazakhstan oblast) Orynbasar Kultasov. Tashkarev required to institute him to criminal responsibility under article 129 p.3 “Libel” and article 130 p.2 “Insult” of Criminal Code of the Republic of Kazakhstan; Kultasov should recover KZT10000000 (1USD=150.53) as moral damage compensation; should publish a disclaimer in all media outlets. Criminal case was opened, according to information of paper “Hectare of discord”, published in the newspaper “Central Asia Monitor” on May 03 and 10, 2012. There was information on land conflict between pensioner and deputy.

2. Demands on protection of honor, dignity and business reputation from publication of the concrete materials

August, 14 Galina Vybornova, «Vremya” (Taraz)

Ex-Majilisman of Parliament of the Republic of Kazakhstan Amangeldy Momyshev demanded recovery of KZT100000000 (1USD=148.99) as moral damage compensation and publication of a disclaimer from editorial staff of the newspaper "Vremya" and reporter Galina Vybornova. Amangeldy Momyshev demanded "to take measures of response" with regard to G. Vybornova. The charges originated from article "Children's surprise" by G. Vybornova, which was published in the newspaper "Vremya" on September 01, 2011. There was information on arrangement of Zhambyl affiliation of the party "NurOtan" (NDP) in board school of mentally-retarded children of Taraz, where G. Vybornova distributed untruth information, discredited his business reputation and image of National Democratic Party. Amangeldy Momyshev had to withdraw his participation in the election as candidate for deputy of Majilis of Parliament of the Republic of Kazakhstan.

If the disclaimer was published, measures were taken with regard to reporter, Amangeldy Momyshev would witdraw his suit and recovery of KZT100000000 (1USD=148.99) as moral damage compensation, which would be transfered to children of board school of mentally- retarded children equally, but it was necessary to open personal bank account for each child of board school of mentally-retarded children.

August, 07 «Temirtauskiy Rabochiy” (Karaganda Oblast)

On August 07, 2012 the court of Temirtau has issued ruling by suit about protection of honour and dignity of an inhabitant of Temirtau Nadezhda Tscerbakova to the editorial staff of newspaper «Temirtauskiy Rabochiy”.

The charges originated from article “Carefully, policeman!” by Liliya Dianova published in the newspaper «Temirtauskiy Rabochiy” on February 15, 2012.There was information on raid, of troubled families' flats conducted by policemen, jointly with representatives of city media outlets. N. Tscerbakova has filed a claim to phrase: “the door was opened by drunk madam”, but Tscerbakova said that she did not drink alcohol in day of raid. The newspaper should publish a disclaimer and editorial staff should recover KZT500000 (1USD=150.43) as moral damage compensation.

7 The court has taken arguments of both parties; editorial staff should recover KZT30000 (1USD=150.43)as moral damage compensation and it has dismissed the other part of suit of N. Tscerbakova.

August, 08 Victor Miroshnichenko, «Kvartal” (Petropavlovsk) LLP “Mass Media-2006” (Petropavlovsk)

The Former Head Doctor of TB Dispensary (Zhambyl District, North Kazakhstan Oblast) Gulnar Kozhanova has filed a suit against reporter of the newspaper «Kvartal” (Petropavlovsk) Victor Miroshnichenko and owner of the edition of LLP “Mass Media - 2006” about protection of honour and dignity to court № 2 of Petropavlovsk. The charges originated from article “Neglected case” by V. Miroshnichenko, published in the newspaper«Kvartal” on February 16, 2012.

Gulnar Kozhanova thought that extracts of publication, where journalist cited words of doctors, who told about extortions in the dispensary and unpayment for additional activity. It was misleading information. She demanded to publish a disclaimer fromLLP “Mass Media – 2006”, it and V. Miroshnichenko should recover KZT500000 (1USD=150.30) as moral damage compensation solidarily.

August, 20 Khabiddin Rakhmanberdiev, Anar Suleyeva, «Temirkazyk-Oy” (Shymkent)

There was a trial in Abay District Court of South Kazakhstan Oblast on August 20, 2012. Chief Medical Officer of Children's Hospital of South Kazakhstan Oblast Anuarbek Maymakov has filed a suit about protection of honor, dignity and business reputation against newspaper "Temirkazyk-Oy", journalists Khabiddin Rakhmanberdiev and Anar Suleyeva. The charges originated from article "The death of a young girl was caused by neglect of doctors", which was published in the newspaper "Temirkazyk-Oy" № 10 (14) in May. Anuarbek Maymakov thinks that they should apologize to him and doctors and recover KZT5000000 (1USD=148.99) as moral damage compensation.

On a trial representatives of defendant said that the article bore no relation to oblast children's hospital; they demanded plaintiff call the concrete surnames of doctors and provide the defamed words and word-expressions.

In addition, the defendants stressed that neither Suleyeva nor Rakhmanberdiyev are authors of this article, according to the law "On Mass Media" they can not be responsible for opinions and ideas expressed in the article.

Next legal proceeding will be held on August 23, 2012 at 09.30 a.m.

August, 20 Stas Kisilev, «Vremya” (Kostanay)

On August 20, 2012 Kostanay City Court has made a rule by suit of reporter of the newspaper "Vremya" Stas Kisilev. S. Kisilev has asked to recognize actions of the Chief of Republican State Office "UK 161/1" Kairat Omarov as illegal ones and failure to act of the Head of Department of Penal Enforcement System of Kostanay Oblast Azamat Bazylbekov and recover KZT5 (1USD= 148.99) from them as moral damage compensation.

Kairat Omarov did not permit S. Kisilev attend open trial in administrative building of investigatory isolation ward of republican state office. Omarov has explained his refusal that there were no vacant seats in court room.

The judge Almaz Ergaliev has satisfied suit partially, only with regard to Kairat Omarov.

Stas Kisilev thinks that it was victorious rule. He noted that the suit was filed not only in 8 personal interests and it was important for all journalists. Kisilev has expressed his hope that this example would colleagues.

August, 27 Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk) LLP «Journalistkaya Initsiativa” (Uralsk)

On August 27, 2012 Uralsk City Court has opened a civil case by suit about protection of honour, dignity and business reputation of the Officer of Department for Economic and Corruption-Related Crime Control (West Kazakhstan Oblast) Arman Kozhakhmetov to the journalist of newspaper «Uralskaya Nedelya” (Uralsk)Lukpan Akhmedyarov and founder of the edition LLP «Journalistkaya Initsiativa” (Uralsk).

The charges originated from article “History repeats twice”, published in July. Thre was information on survived witness of the murder of famous sportsman Oralbek Kuzhageldin. He has spotted three accomplices among present oblast officials. There were Deputy for Akim (Governor) of Terekti District Abzal Braliev, Head of Akim's Office of Taskalinsk District Baurzhan Imashev and Officer of Finance Police (West Kazakhstan Oblast) Arman Kozhakhmetov.

Arman Kozhakhmetov insisted on official apology and recovery of KZT3000000 (1USD=150.30) as moral damage compensation. There was no mention of phrases in publication, which were untruth and discredited.

August, 29 «Nasha Gazeta”, “Kostanayskie Novosti” (Kostanay)

On August 29, 2012 Taran District Court (Kostanay Oblast) has stopped legal proceeding with regard to two editions of newspapers «Nasha Gazeta” and “Kostanayskie Novosti”. The inhabitant of village Elizavetinka (Taran District) Tulebay Nurakhmetov has filed a suit against editorial staffs of newspapers, Ministry of Finance of the Republic of Kazakhstan and Department for Economic and Corruption-Related Crime Control of Kostanay Oblast. They should recover moral damage and publish a disclaimer. The court has issued applicable ruling, Tulebay Nurakhmetov withdrew his suit to these editions.

August, 29 Victor Miroshnichenko, «Vremya” (Petropavlovsk)

An inhabitant of Petropavlovsk Serik Mendybayev has filed a suit about protection of honour, dignity and recovery of moral damage to editorial staff of newspaper «Vremya” (Petropavlovsk) and its reporter Victor Miroshnichenko to City Court № 2. The charges originated from articles “Absolutely rudeness” («Vremya”, dated 07 August, 2012) and «has no criminal record, because has criminal record” («Vremya”, dated 09 August, 2012).

Serik Mendybayev has demanded to recognize misleading and discredited facts of publications, where he was mentioned with regard to personal larceny theft from flat of his friend M. Beysenbayev and that he has gone unpunished, because he had been staff informer of police.

Mendybayev asked to recover KZT100000 (1USD=150.30) and from reporter KZT80000 (150.30) as moral damage compensation.

August, 30 Svetlana Orlova, «Kvartal Petropavlovsk” (Petropavlovsk)

The pensioner and disabled person of two group Valentina Sotnikova has filed a suit about protection of honor, dignity and business reputation against editorial staff of city newspaper «Kvartal Petropavlovsk” (Petropavlovsk). She thought that there was misleading information, which dicredited her mental state in article “On stolen brooch and spittles” by S. Orlova, published in the newspaper «Kvartal Petropavlovsk” (Petropavlovsk) on June 17, 2010. It was 9 too difficult to react to abnormal complaints, which were filed with police. The press secretary of DIA has demonstrated some complaints for instance. The complaint of V. Sotnikova on her neighbour was quoted without changes in the newspaper.

In her suit V. Sotnikova demanded to publish a disclaimer of misleading information and recovery of KZT150000 (1USD=150.30) as moral damage compensation. There was no mention of phrases in suit, which should be refuted.

August, 27 «Nasha Gazeta” (Kostanay)

The inhabitant of village Birukovka (Altynsarin District, Kostanay Oblast) Vasiliy Babkin has filed a suit against weekly «Nasha Gazeta” (Kostanay). He insisted on publication of signature refutation to the photo, posted in the weekly«Nasha Gazeta” on July 01, 2004. Vasiliy Babkin thought that on a photo which demonstrated the interview with then Oblast Akim (Governor) Sergey Kulagin. There was a photo with him, but not akim. Vasiliy Babkin demanded to recover from impostor (Sergey Kulagin was born on September 08, 1952) KZT1000000 (1USD=150.62) as moral and material damage compensation”. The photo of editorial office was presented by Sergey Kulagin.

3. Demands and suits on protection of honor, dignity and business reputation from publications of opinions, beliefs and evaluation assessments

August, 20 Victor Miroshnichenko, Paul Afanasiev, «Kvartal” (Petropavlovsk)

The inhabitant of Petropavlovsk Amir Bayazitov has filed a suit about protection of honour, dignity and recovery of moral damage to editorial staff of the newspaper«Kvartal” (Petropavlovsk), journalist Victor Miroshnichenko to court. The charges originated from paper “God's dew” by V. Miroshnichenko, published in the newspaper «Kvartal” on March 15, 2012. There was information on criminal process, initiated by Former Chairman of North Kazakhstan Branch of the Party “Ak Zhol” Paul Afanasiev, who charged some members of the party “Ak Zhol” with libel and insult. The participant of a trial A. Bayazitov thought that in his paper V. Miroshnichenko negatively characterized him, he used neglectful phrase “serious computer technology specialist”. Plaintiff demanded to refute the supposition of journalist, related to attendance of mosque by Bayazitov and contribution for children's house has been implemented because of a trial to have the positive characteristic. He has demanded recovery of KZT500000 as moral damage compensation in solidary order.

4. Charges with violation of journalistic ethics

August, 24 Television Company “KTK” (Almaty)

There was a review “Exclusive video of the medical expertise of Chelakh in news of television channel“KTK” (Almaty) on August 20, 2012. He has confessed to psychiatrists in murder. His grandfather Vladimir Chelakh called these video records as false ones. In his opinion reporters should be responsible for this review; they should provide the truth information and follow journalistic ethics.

III. Peculiarities of political and legal climate in the country, designated actual status of mass media

1.Social and political events, designated following-up of situation with freedom of speech

August, 08

Minister of Culture and Information of the Republic of Kazakhstan Darkhan Mynbay advised to 10 Kazakhstan's media to search new forms of the activity to provide information. In his opinion's, it was necessary that “journalists had to regularly give examples of human labour and his professional successes”. Darkhan Mynbay proposed “to organize a conduction of cycle of radio conferences with participation of the successful persons or persons, who were really found of their profession and heroes of constructive labour. The main task – is a growth of image of human labour. Darkhan Mynbay has recommended to printed media the opening of proper column.

Minister of Culture and Information of the Republic of Kazakhstan Darkhan Mynbay said that “media outlets and public associations should protect the interests of a simple person, execute the public control over implementation of presidential orders. For instance, President of the Republic of Kazakhstan has complained of execution of his order. He offered to editorial staffs jointly with representatives of non-governmental organizations to carry out some journalistic/public investigations, press tours, to see and tell about the process of order fulfillment in some regions, peoples constructions and about problems in the sphere of social service and employment”.

August, 24

Deputies of Maslikhat (Atyrau and Atyrau Oblast) thought that publications, concerning former oblast akim (governor) Birgey Ryskaliev, which were posted on various websites on August 20- 21, 2012. They were aimed at destabilization of social-political situation in the region and directed anti state policy to sow doubts and create hostility among population. They informed about it in their open letter for support of ex-akim (governor), addressed to inhabitants of Atyrau oblast.

They thought that very often opposition media outlets made black PR with regard to representatives of state authority. They should be responsible for their actions.

Deputies of City and Oblast Maslikhats called on the publicity to combine efforts and take cruel measures with regard to those media outlets, which disseminated misleading information, gossips, made articles from them, pulled readers' legs, violated their right to obtain the truth information.

Some days later, August 31, 2012 deputies of Maslikhat (Atyrau oblast) called their appeal for support of oblast ex-akim (governor) Bergey Ryskaliev as political error.

August, 27 «Golos Respubliki”, “Vzglyad”, “K-Plus”, “Stan” (Almaty)

The Expert of Almaty Center of Judicial Expertise Roza Akbarova has charged above mentioned opposition media outlets they published critical information instead of positive approach, attempted to excel in critisism of damaged manner on a legal proceeding, related to charge of leader of the party “Alga” Vladimir Kozlov with incitement of social enmity and exhortations for overthrow of the constitutional order in Aktau. The competence of these media outletes – is a creature of quantitative and qualitative benefit of a point of view of the implementation of stable associations, schemes and myths which met to interests of OCG.

August, 02

The decision was taken at session of city maslikhat in Karaganda. It was connected with permission to selling of sex publications only, in intimate saloons.There was a special commision, which controlled the process of selling and distribution of such output. It was established under city akimat (district administration). This commission would be consisted of representatives of executive power, public organizations, association of enterpreneurs and the publicity.

The Commission has been charged with conduction of raids and control of shops, newsstands and city markets; seizure of sex publications and imposition of fines, in accordance with 11 administrative code.

Members of this commission could not explain the process of designation of erotic trend.

2. Changes and draft modifications of the current legislation, designated legal status of mass media

August, 28

On August 28, 2012 government of the Republic of Kazakhstan has signed a decree, related to changes to rules for record-keeping in the sphere of media, distributed in the territory of the Republic of Kazakhstan. The title of regulatory legal act was mentioned in new edition: Rules for record-keeping of the foreign periodical editions, which were disseminated in the Republic of Kazakhstan. These rules were disseminated only on foreign periodical printed editions.

For registration of foreign periodical printed editions, which were disseminated in the territory of the Republic of Kazakhstan, distributor had to provide standard application form to the local executive organ; a copy of document, which confirmed right to implementation of business activity (for physical entity), a copy of state registration certificate (re-registration) of legal entity, a copy of certificate of record registration (re-registration) of affiliation and representative office (for affiliation and representative office. The application is handled within 10 working days. By results of handling of application, a distributor will receive certificate of registration of foreign periodical printed editions, which are disseminated in the territory of the Republic Of Kazakhstan, or unjustified denial.

These rules which will be put into operation upon the expiration of 10 calendar days after first official publication. They were not published on August 31, 2012.

3. Evaluations of the actual status of media and freedom of speech

August, 27

Experts of International Human Rights Organization ARTICLE 19 analyzed Kazakhstan's civil law “On Defamation”, they concluded that Civil Code of the Republic of Kazakhstan restricted the freedom of expression. So, defintion of defamation in code has been extreme broaden and allowed to enforce punishment, even in those cases, when information, discredited business reputation has been truth one. There was no clear difference between opinions and facts in regulations of code.

ARTICLE 19 has recommended to the government: take the amendment to civil law, that this information could be admitted defamation one, if they would not be truth ones; «Civil code has to distinguish the assertion of facts and opinion and determine that the right to adhere its opinion, it could not be restricted in cases, when the opinion had fixed and established facts or they were formed as a result of belief”.

Also, Experts of International Human Rights Organization ARTICLE 19 thought that: Civil Code “had to give preference to right to response on right to compensation. If demand, subjected to right to response, but right to compensation could not be there.

Civil Code must mention that recovery amounts should be proportionate ones,it was normal for fulfillment of their protective function and the smallest restriction of freedom of expression”. Experts proposed to impose maximal amount to Civil Code as recovery of moral damage compensation.

According to period of limitation ARTICLE 19 proposed “to have a chance of settlement of period of limitation during one year by defamation suits”.

ARTICLE 19 called on the government of Kazakhstan to make changes in Civil Code with regard 12 to responsibility for defamation, according to recommendations of this analysis.

4. Actions in protection of civil and professional rights of the media and journalists

August, 02 Alexander Kononets, Sergei Kornyakov, Television Channel “Sedmoy Kanal” (Astana) Dmitriy Oleynikov, Television Company “24KZ” (Astana)

On July 14, 2012 journalists of television channel “Sedmoy Kanal” and television company “24KZ” (Astana) Alexander Kononets, Sergei Kornyakov and Dmitriy Oleynikov have addressed to the Department of Internal Affairs and General Prosecutor's Office of Saryarka District of Astana. They demanded to bring police officers of DIA to responsibility for abusing of office. Earlier, policemen and special force policemen stopped a car with editor-in-chief and reporter of television channel “Sedmoy Kanal” Alexander Kononets and Sergei Kornyakov and correspondent of television channel «24 KZ” (Astana)Dmitriy Oleynikov at the suburb of Astana. They informed about the operation “Anti-Terror” asked to present documents and open the boot. After checking of identity card and driving licence, they attempted to personal inspection of passengers.

Alexander Kononets, Sergei Kornyakov and Dmitriy Oleynikov were summoned to General Prosecutor's Office of Saryarka District. General Prosecutor's Office officials have explained that there were real violations in actions of policemen. There were no grounds for instituting criminal proceeding; measures of prosecutor's response would be taken for examination of the incident on collegium of DIA of Astana. They said about their intention to apply for a dismissal of policemen of DIA, who abused their office.

Journalists were not summoned to Department of Internal Affairs to end of August.

August, 08 Media Outlets

General Prosecutor of the Republic of Kazakhstan

A. K. Daulbayev

Open Letter

Dear Prosecutor General Daulbayev,

The first tender, concerning inventory of channels for digital terrestrial broadcasting should be carried out on August 09, 2012 in Astana. We think that outputs of this tender will restrict the constitutional right of Kazakhstan's citizens to obtain the information and rights of subjects of private business (in particular, regional television channels).

This tender is premature one and its conditions are defined with gross violations of the current law of the Republic of Kazakhstan, in particular, law "On Television and Radio Broadcasting" of the Republic of Kazakhstan.

Currently, digital on-air broadcasting is implemented in experimental order, only in five towns of Kazakhstan- Astana, Almaty, Karaganda, Zhezkazgan and Janaozen. But, there was an announcement of the tender all the country round. Why, and for whose benefit such a hurry?

All television channels should participated in this tender, according to conditions. It contravenes to p. 4 article 42 of the law "On Television and Radio Broadcasting", operating television channels were included in digital package in a mandatory manner and free of charge basis. The tender should be conducted only, for new broadcasters and those, who desired to enlarge the zone of signal propagation, or television channels, which had no analogous

13 frequencies. Operating television channels will have no any guarantees, reported in p.4 under article 42 of law "On Television and Radio Broadcasting" during forced participation in tender.

Prematurity and insufficient holding of a tender, selective notification of the potential participants; vagueness of definition of its conditions, a lack of the proper information and explanation on the part of Committee of Information and Archives of Ministry of Culture and Information of the Republic of Kazakhstan make conditions for bias of its results. As a result of it some private regional television channels will be closed and information resources for population will be reduced.

We demand to take measures specified, according to current law of the Republic of Kazakhstan, related to protection of legal rights of citizens and subjects of the television and radio broadcasting, cancel the tender or admit its results invalid.

Executive Director of the National Association of Television and Radio Broadcasting of Kazakhstan Sholpan Zhaksybayeva, President of International Foundation for Protection of Freedom of Speech "Adil Soz" Tamara Kaleyeva and Executive Director of "Internews – Kazakhstan" Marzhan Elshibayeva.

August, 03 Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk)

Journalists of the newspaper "Uralskaya Nedelya" made an announcement, concerning action of money collection for the Head of Department of Internal Policy of West Kazakhstan Oblast Akimat (District Administration) Tlekkabyl Imashev. These funds should be recovered as moral damage compensation. Journalist of the newspaper "Uralskaya Nedelya" Lukpan Akhmedyarov should recover the amount as moral damage compensation for the Head of Department of Internal Policy of West Kazakhstan Oblast Akimat (District Administration) Tlekkabyl Imashev, according to rule of court.

Collected banknotes and coins civil activist Vasiliy Shamin put into glass jars, sealed lids of a glass jar and left it for storage in editorial office. Journalists intended to appeal a court decision; handing of money was postponed indefinitely.

Earlier, Lukpan Akhmedyarov and newspaper "Uralskaya Nedelya" were found guilty in insult of honour and dignity of T. Imashev on July 20, 2012. Criminal case by suit of official was opened on April 16, 2012; Lukpan Akhmedyarov was beaten, stabbed several times and shot from air gun on April 19, 2012.

On April 22, 2012 Lukpan Akhmedyarov has recovered consciousness. He replied on issue of investigative officer, related to the publication, which has given rise to “intention to attempt homicide” and called article, which offended T. Imashev and he should file a suit about protection of honour, dignity and business reputation against L. Akhmedyarov and newspaper "Uralskaya Nedelya" to court.

August, 08 Lukpan Akhmedyarov, «Uralskaya Nedelya” (Uralsk)

L. Akhmedyarov is a reporter for the weekly “Uralskaya Nedelya” in Kazakhstan. Lukpan Akhmedyarov is the 2012 winner of the Peter Mackler Award.

International Organization “Reporters Without Borders” awards this prize. The Peter Mackler Award is rewarded journalists, who report news in the country honestly, courageously, where freedom of the press is either not guaranteed or not recognized.

Camile Mackler, Project Director for the Peter Mackler Award, said that “Mr. Akhmedyarov has shown enormous courage, protecting principles of the independent journalism and right of Kazakhstan's people to freedom of the press. Lukpan Akhmedyarov was awarded for his

14 investigative coverage of corruption, as well as paper “Brother, friend and cronyism”. This award will be rewarded L. Akhmedyarov by members of the family of dead Peter Mackler and American Division “Reporters Without Borders”.

Lukpan Akhmedyarov said that “he has taken the award of Peter Mackler as support to all Kazakhstan's journalists, who were threatened, beaten, judged and sometimes killed; after hearing about the award.

5.1. Demands and suits of media outlets and journalists on protection of their civil and professional rights

5.1.1. Demands on admittance of actions or inactions of state officials as illegal ones

August, 20 Stas Kisilev, «Vremya” (Kostanay)

On August 20, 2012 Kostanay City Court has made a rule by suit of reporter of the newspaper "Vremya" Stas Kisilev. S. Kisilev has asked to recognize actions of the Chief of Republican State Office "UK 161/1" Kairat Omarov as illegal ones and failure to act of the Head of Department of Penal Enforcement System of Kostanay Oblast Azamat Bazylbekov and recover KZT5 (1USD= 148.99) from them as moral damage compensation.

Kairat Omarov did not permit S. Kisilev attend open trial in administrative building of investigatory isolation ward of republican state office. Omarov has explained his refusal that there were no vacant seats in court room.

The judge Almaz Ergaliev has satisfied suit partially, only with regard to Kairat Omarov.

Stas Kisilev thinks that it was victorious rule. He noted that the suit was filed not only in personal interests and it was important for all journalists. Kisilev has expressed his hope that this example would help his colleagues.

August, 29 Aziz Murzabayev, Television Company “Otyrar” (Shymkent)

On August 29, 2012 Al-Farabi District Court of Shymkent has accepted a suit of reporter of television company“Otyrar” (Shymkent)Aziz Murzabayev to HO “Department of Internal Affairs of South Kazakhstan Oblast” for processing. It was connected with admittance of illegal actions of policemen and recovery of KZT10000000 (1USD=150.56) as moral damage compensation.

The charges originated from incident on Baytursynov street on July 18, 2012 in Shymkent. Traffic policemen and patrol policemen interfered to professional activity of journalist, they banned to make a video record of policemen activity. Aziz Murzabayev had been in a patrol car, he should write the explanatory note that Murzabayev had no claims on policemen.

Monitoring was done by media reports and correspondents of foundation “Adil Soz”

Coordinator of monitoring service of foundation “Adil Soz” Elena Tsoy e-mail: [email protected]

Legal Adviser of foundation “Adil Soz” Ganna Krasilnikova e-mail: [email protected]

If you have monitoring questions, please contact with us via mail [email protected]

15 If you have some monitoring questions, please do not hesitate to contact with us, our email. [email protected]

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