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