Monitoring
of violations of freedom of speech in Kazakhstan
in March 2011
(Digest)
In March, 2011 monitoring of violations of freedom of speech of the foundation "Adil Soz" has made 103 reports; 69 of them provide the information on direct violations of media rights and journalists, including.:
-groundless refusal and violation of terms of providing of public important information – 24 reports.
19 reports on conflicts and charges, brought against media outlets and journalists, were recorded, including.:
-Demands on protection of honor, dignity and business reputation - 11 reports.
1
I. Peculiarities of political, social, administrative and legal climate in the country, defined actual media position
1.Actions and statements of state officials, defined actual media position and situation with freedom of speech
March, 29
KazNET
Prime Minister of the Republic of Kazakhstan Karim Masimov has said about opening of official accounts in Twitter, Facebook (it meant social network); On.kz and Ilike.kz. (it meant Kazakhstan's Social Network). It was a capability of the contact with people around the world and in Kazakhstan.
March, 04
«Golos Respubliki” (Almaty)
In interview to the newspaper "Express K"(it was published on March 04, 2011), Advisor to President Ermukhamet Ertysbayev has spoken desrespectfully of the newspaper "Golos Republiki" and website "Respublika". He has also said that there was a group of scribblers, who wrote down comments day and night, expressing their disagreement in Internet, especially on the portal "Respublika"; noted about possible provocations and added that the editorial policy of portal "Respublika"- has been an information terrorism against first president and country.
Editorial staff of the edition and portal did not react to it.
2. Changes and amendments of acting legislation determined legal position of mass media
March, 25
All Mass Media
On March 25, 2011 President of the Republic of Kazakhstan Nursultan Nazarbayev has signed a law “On Amendments and Supplements into Some Legislative Acts of the Republic of Kazakhstan of Improvement of Civil Legislation”. This document excluded recovery of moral damage compensation by legal entities. Legal entities could not pretend to the recovery of moral damage compensation by suit about protection of honor, dignity and business reputation.
Legal entity had a right to free of charge publication of its response in press, if its rights and interests have been discredited by media outlets, according to p.3 and 4 under article 143 of Civil Code of the Republic of Kazakhstan.Court has examined claim of legal entity, related to publication of disclaimer, if media outlets refused to publish a disclaimer within month and in a case of liquidation.
March, 18
All Mass Media
On March 15, 2011 Prime Minister of the Republic of Kazakhstan Kari Masimov has signed an order, related to the list of national television and radio programs, which were distributed by satellite system of broadcasting, according to article seven of law “On Broadcasting” of the Republic of Kazakhstan, dated on July 05, 2004.
This list has been consisted of 25 Kazakhstan's television channels and radio. There were television channels such as, “Khabar”, “El Arna”,“Kazakhstan”, “Pervyi Kanal Evraziya”, “MIR”, “Balapan”, «31 Kanal”, “KTK”, “NTK”, «TAN”, “Sedmoy Kanal”,«STV”, «Astana”, «Caspionet», «Hit TV» and«MuzZone»; radio channels such as, “Kazakhskoe Radio”, “Shalar”, radios “Astana”, “Tengri FM” and e.g.; oblast branches of television channel “Kazakhstan”.
It has come into effect from a day of publication in press on March 18, 2011.
4. Estimations of actual media position and freedom of speech
March, 20
All Mass Media
On March 20, 2011 OSCE Office for Democratic Institutions and Human Rights has distributed an interim report of Observation Mission to Monitor Early Presidential Election in Kazakhstan. Observers noted that media outlets acted in restricted conditions from legal positions, which promoted to self-censorship, subjected to media coverage of pre-electional campaign.
Observers of OSCE Office for Democratic Institutions and Human Rights thought that I was connected with acting legislation. Civil code stipulated extreme grand fines for libel. These provisions have been used against journalists and editors, who criticized the state power and facilitated the self-censorship. Republic of Kazakhstan – is one of the states-participants of the OSCE, where law “On Information” has not been passed yet.Internet – is a source of alternative information; access to some Kazakhstan's websites has been restricted and Internet-zone has been subjected to laws as broadcasting and printed mass media.
March, 24
All Mass Media
Chairman of Central Election Committee Vladimir Foos has disagreed with report of Mission of OSCE Office for Democratic Institutions and Human Rights at session of central election commission. It was connected with violations of pre-electional campaign of early presidential elections. He thought that some provisions and conclusions have been needed in accurate definition and confirmation of mission by concrete facts; definite references to norms of election legislation, or international documents.
Chairman of Central Election Committee Vladimir Foos has expressed his misunderstanding, related to normative rules, facilitated to self-censorship. There should be a explanation of normative rules, which would interfere to media activity.
March, 12
Internet, KazNET
International Non-Governmental Organization “Reporters Without Borders” has provided a list of states, where there was an action of cruel restrictions, related to freedom of speech in Internet.
There were two lists: First “Enemies of Internet” (Burma(h), China, Cuba, Iran, North Korea, Saudi Arabia, Syria, Turkmenistan, Uzbekistan and Vietnam) and Second “Countries under Observance”(Australia,Bahrein, Byelorussia, Egypt, Eritrea, France, Libya, Malaysia, Russia, South Korea, Sri Lanka, Thailand, Tunis, Turkey, United Arab Emirates and Venezuela).
General Secretary of Organization “Reporters Without Borders” Jean Fransua Juyar has said that one of each three Internet-users had no any free access to Internet around world. There was a censorship of different level in more than sixty countries and pressure upon Internet-users. About 119 persons have been taken into custody. They used the Internet for expression of their point of view.
It was necessary to observe for the situation in KazNET during process of presidential elections of the Republic of Kazakhstan in April, 2011.
5. Actions and statements for protection of civil and professional media rights and journalists
March, 02
All Mass Media
The work over draft law "On Tele- and Radio Broadcasting" has been in full swing, but the society of the Republic of Kazakhstan did not know its content. Servicemen of International Foundation for Protection of Freedom of Speech "Adil Soz" have sent a letter to Minister of Communication and Information Askar Zhumagaliev.
Drafts of normative and legal acts, infringed on subjects of private enterpreneurship's interests should be published in press, including Internet-resources, before their consideration by proper organ, or at session of council of experts, according to law "On Normative and Legal Acts" of the Republic of Kazakhstan.
A working group of ministry of communication and information has developed the draft law "On Tele- and Radio Broadcasting" infringed on not subjects of private enterpreneurship's interests, but also Kazakhstan's socety in general. Representatives of Ministry of Communication and Information of the Republic of Kazakhstan have promised to place the draft law on the website. However, untill now it has not been happened. Explanations of heads of different offices of the ministry, related to publication of draft law could not be convincing.
Servicemen of International Foundation for Protection of Freedom of Speech "Adil Soz" have asked to solve a problem around this situation. Civil society of the Republic of Kazakhstan should participate in improvement of draft law "On Tele- and Radio Broadcasting" with goal to keep constitutional guarantees of free getting and distribution of information.
March, 02
All Mass Media
Earlier, servicemen of International Foundation for Protection of Freedom of Speech "Adil Soz" and Union of Journalists of the Republic of Kazakhstan have sent an open letter to Public Prosecutor of the Republic of Kazakhstan Kayrat Mami and Chairman of Supreme Court of the Republic of Kazakhstan Musabek Alimbekov. They asked to analyze and summarize the judicial practice, related to recovery of moral damage from media outlets during consideration of civil cases. It was connected with some court decisions, related to recovery of wasted amounts as moral damage from those editions for the last period. As a result of it they were closed and busted.
Chairwoman of Supervisory of Bar of Civil and Administrative Cases A. Tashenova said that the summary has been made in 2008 and added that the summary of judicial practice related to recovery of moral damage from mass media and journalists would be planned on the second half of the year of 2011 by NGO's request.
March, 14
Ramazan Esergepov, «Alma-Ata Info”(Almaty)
On March 14, 2011 Human Rights Organization (USA)«Freedom now» has sent a memorandum, related to imprisoned editor-in-chiefof the newspaper«Alma-Ata Info (Almaty)Ramazan Esergepov. Raushan Esergepova (a wife of the journalist) has provided facts and proofs in favor of claim consideration of Ramazan and references to examples of international practice. It added the claim, which was sent to committee by Ramazan Esergepov under support of Kazakhstan International Bureau for Human Rights and Rule of Law.
March, 31
KazNET
On March 31, 2011 International Foundation for Protection of Freedom of Speech “Adil Soz” has conducted a public hearing, subjected to “Legal Status of Internet-websites and Ownership to Internet-resources” under support of Soros-Foundation-Kazakhstan in Almaty. Lawyers, owners of Internet-websites, representatives of Internet-editions, Kazakhstan's bloggers and majilisman Murat Abenov.
There was a discussion of issues on legal regulation of Internet-resources, capabilities of regulation of relation and responsibility between hosting-provider, owner of Internet-resources and users of Internet-resource, issues of access to Internet-resources in light of constitutional guarantees of freedom of speech.
Recommendations of development of strategies, which were directed to conflict solution and arguments, concerning legal status of Internet-resources and Internet-content were made. It was done by results of public hearing.
II. Violations of media rights and journalists
1. Murder of journalist
March, 24
Gennadiy Pavluk,journalist(Kyrgyzstan Republic)
Press Secretary of Ministry of Internal Affairs of the Republic of Kazakhstan Kuanyshbek Zhumanov has said that policemen of Almaty completed a criminal case in relation with suspected persons in murder ofjournalist from Kyrgyzstan RepublicGennadiy Pavluk. He has said about it at briefing in Astana. Two citizens from Kazakhstan and a citizen from Kyrgyzstan Republic would introduce with materials of this criminal case from March 25, 2011.
Gennadiy Pavluk was killed under attempt of robbery. Suspected persons took Pavluk to the flat on Furmanov street by fraud; he was tightened by line. Criminals have extorted money from him, but they did not gain their end. He was thrown out the window by them. Press Secretary of Ministry of Internal Affairs of the Republic of Kazakhstan Kuanyshbek Zhumanov did not tell any surname of suspected persons and article, they were charged.
Earlier, on December 16, 2009 Gennadiy Pavluk was thrown out of the window on sixth floor' flat on Furmanov street in Almaty. On December 22, 2009 he has been dead, not to come to oneself.
March, 29
Gennadiy Pavluk,journalist(Kyrgyzstan Republic)
Servicemen of Committee to Protect Journalists (New York) has made a statement. They asked to continue the investigation of circumstances of death of journalist Gennadiy Pavluk(Kyrgyzstan Republic) and examine a version of journalist death, connected with his professional activity.
There was no any detailed investigation of murder of G. Pavluk with his professional activity. Kazakhstan's state power related it to robbery.
2. Attack on journalist
March, 30
Daniyar Moldashev, LLP “ADP ltd” (Almaty)
On March 28, 2011 Director of LLP "ADP Ltd" (an enterprise, which published the newspaper"Golos Respubliki") Daniyar Moldashev was beaten by unknown persons on the way home from airport. Attackers have stolen the photo camera and documents. Daniyar Moldashev has received these documents from the staff of Internet-portal in Moscow.
As a result of attack on him his arm was broken. Daniyar Moldashev has filed a complaint with department of internal affairs (Almaty), according to fact of attack.
Moldashev has said to editorial staff of the newspaper"Golos Respubliki" on March 29, 2011. He has been shadowed by unknown persons in Moscow.
Editorial staff has tried to call him, but it was impossible. His telephone was switched off. Parents of Moldashev could not find him.
Editorial staff was worried about the situation. They have been afraid of repetition of story with Oksana Nikitina, who was killed during electoral campaign of 2005.
March, 31
Daniyar Moldashev, LLP “ADP Ltd” (Almaty)
On March 31, 2011 department of internal affairs (Almaty) has distributed a release, concerning disappearance of Director of LLP“ADP Ltd” (Almaty) (it published a newspaper “Golos Respubliki”) Daniyar Moldashev.
According to police data Daniyar Moldashev has applied for first medical aid to fourth city hospital; refused to give any explanations to investigative and operative group about circumstances of traumas. He has written a complaint, which was addressed to Head of Bostandyk District Department of Internal Affairs and Public Prosecutor for failure to take the necessary measures, related to his injury and self-visit to the hospital. Also, policemen informed that relatives of Moldashev (it meant his wife and brother Askar) have said that Daniyar has gone to Kiev on business trip on March 30, 2011. They contacted with him by telephone.
Department of Internal Affairs has made an release that information on robbery and disappearance of D. Moldashev has not been acknowledged.
3. Threats to journalists
March, 10
TV Company«31 channel” (Almaty)
On March 09, 2011 an unknown man has called to editorial staff of television company«31 channel” (Almaty). He has said about his foreboding of explosion in the editorial office. Editorial staff did not believe him first of all. However, they called to police after his third telephone call. Operative and investigative group of department of internal affairs (Almaty) and officers of emergency service, cynologist and sappers of department of internal affairs have put cordons around office of television company «31 channel” (Almaty). There was no any explosive device.
Police officers detained the telephone terrorist. It was a 36-years-old inhabitant of micro district “Dostyk”. He has told the truth. This man has said about his dream before this day and about his intention to contact with journalists and say to them about it.He has not been registered in police and psychoneurological dispensary.
March, 11
Nurzhan Baymuldin, «Expess K”(Akmola oblast)
There was a publication of article “King for a day” by Nurzhan Baymuldin, (Akmola oblast) in the newspaper«Expess K” on March 04, 2011. It was devoted to situation of appointment of personnel in secretariat of Akmola Oblast Court.
Press Secretary of Akmola Oblast Court Dauletiyar Mashrapov has called to editorial staff of the newspaper in Astana and journalist. It was connected with facts, summarized in this article. Dauletiyar Mashrapov asked to take an interview with representatives of secretariat of oblast court and publish explanation in the newspaper.
Nurzhan Baymuldin had the last telephone call of press secretary. They promised him to solve this problem with him after work. Journalist has said about fact of the threat of Mashrapov to Judge of Oblast Court and Coordinator of Mass Media Gulzhan Almagambetova.
March, 09
Georgiy Semenov, «Nadezhda”(Uralsk)
On March 09, 2011 photo reporter of the newspaper«Nadezhda” (Uralsk)Georgiy Semenov has been a witness of road accident in Uralsk. Jeep “Lexus” has been crashed with two automobiles. There were three policemen of traffic police except for owners of automobiles and photo reporter. Georgiy Semenov has made about 20 photos and gone to the editorial office. A hour later, unknown person has called to him. He asked him to liquidate photos and began to threat to him.
On March 10, 2011 editorial staff of the newspaper«Nadezhda” (Uralsk) has published the article about road accident with photo. There was no any call with threats after publication.
4. Interference to legal and professional activity of journalists
March, 11
Rustam Sarymov, «Stan.kz»(Pavlodar)
Film crew of information video portal«Stan.kz»(Pavlodar)has made a review about the flash mob of activists of non-registered party “Alga!”. Participants of this action released balloons with notes “I shall not go to elections”. Suddenly, five unknown persons have appeared. They began to transfix balloons and cry “We shall not admit the transformation of Kazakhstan to Kyrgyzstan!”
Unknown persons threatened Rustam Sarymov with a knife and asked to stop the shooting. One of the most aggressive attackers has attempted to break a video camera. Policemen could not detain attackers.
A video record was placed on websites in Internet and provided for department of internal affairs of Pavlodar oblast.
March, 30
Rustam Sarymov, «Stan.kz»(Pavlodar)
On March 28 and 30, 2011 policemen (Pavlodar oblast) detained four young men. They have been students of one of the colleges; suspected in attack on camera man of information video portal«Stan.kz»Rustam Sarymov. They were instituted to administrative responsibility for disorderly conductunder article 330 of Code of Administrative Violations. Four young men were sentenced to seven days of arrest, who attacked Rustam Sarymov and activists of the party “Alga”, according to rule of specialized administrative court of Pavlodar.
March, 02
Marina Nizovkina, Bakhadyr Tazhibayev, TV Company “Otyrar”(Shymkent)
Film crew of television channel“Otyrar” (Shymkent), correspondent Marina Nizovkina and camera man Bakhadyr Tazhibayev have come to the hotel “Dostyk” (Shymkent) for coverage of NGO's seminar, related to problems of disabled persons. None could pay an attention to presence of film crew. There was no anyone in conference-hall. Film crew came to hotel administrator and asked him about venue. But, he behaved himself incorrectly in relation to them. As a result of it film crew could not make a review about seminar.
5. Violation of media right during pre-electional campaign of presidential elections
5.1. Violation of media rights and journalists to freedom of speech and creation