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August

 

                                                                            

 

Monitoring of violations of freedom of speech in Kazakhstan in August 2009

 (Digest) 

 

Sentence of the month:  On August 08 court ¹ 2 of Taraz has sentenced Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov to three years of imprisonment. Chief Editor was convicted by articles 172 p.1“Illegal Obtaining, Divulging of State Secrets” (1. Collection of information constituting state secrets, by way of stealing documents, subornation, or threat with regard to the persons who possess state secrets or their relatives, interception in means of communication, illegal penetration into computer systems or networks, use of special-purpose technical facilities, and equally by any other illegal method, when there are no indications of high treason or espionage); and 339 p.2 “Obstructing the Administration of Justice and Performance of a Preliminary Investigation” (2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case) of Criminal Code of the Republic of Kazakhstan. Ramazan Yesergepov can not make his editorial activity during two years after release in accordance with judgment.

Chief Editor was charged with illegal obtaining, divulging of state secrets. The charges stemmed from article “Who does run President or CNS?” published in the newspaper Alma-ata Info” on November 21, 2008. There was publication of service correspondence of Head of Department of Committee of National Security of Zhambyl region, General-Mayor Kozbasar Nurbekov and Chairman of Committee of National Security Amangeldy Shabdarbayev. They have thought that there was secret information.

This sentence will be appealed in appeal instance. (See Chapter III, p.1)

Response of the month: The office for protection of Chief Editor of the newspaper Alma-ata Info Ramazan Yesergepov has conducted an action of protest near building of Almaty Department of Committee of National Security of the Republic of Kazakhstan on August 25, 2009. About 60 men have participated in this action. There was a letter, addressed to Chairman of Committee of National Security Amangeldy ShabdarbayevChairman of Committee of National Security Amangeldy Shabdarbayev should answer!”; information on investigative process by case of chief editor with numerous procedural violations.

     

Employees of the office for protection of Chief Editor of the newspaper Alma-ata Info Ramazan Yesergepov have addressed to Chairman of Committee of National Security for giving of public explanation for such actions. The same arrangements have been in Caraganda, Ust-Kamenogorsk and Aktobe. (See Chapter III, p.1)

 

On August 29, 2009 Committee of National Security of the Republic of Kazakhstan distributed press release of Chairman of Committee of National Security Amangeldy Shabdarbayev. Shabdarbayev said that he has been a head of special state body; did not allow himself making of influence on the investigation, using personal or corporative interests and interfere and regulate investigative process. There was no any change of law and justice by employees of Department of Committee of National Security of Zhambyl region during control of General Prosecutor’s Office and internal service solution of conflict.

         

The change of secret signature stamp of published documents could not influence on judgment; it has been impossible in accordance with law On State Secrets of the Republic of Kazakhstan. (See Chapter I, p.1)

   

Libel of the month: On July 27, 2009 Akim (Governor) of West Kazakhstan oblast Baktykozha Izmukhambetov has addressed to Uralsk City Court ¹ 2 with claim of private charge and suit about protection of honor and dignity. He has charged his former advisor Alpamys Bekturganov with slander and distribution of gossips, discredited his honor and dignity.

 

The charges stemmed from press conference, conducted on July 15, 2009, where A. Bekturganov has said his pretensions to Oblast Akim (Governor) Baktykozha Izmukhambetov.

 

Alpamys Bekturganov insisted on that he has said about facts, printed in regional and republican editions earlier and paid his attention of the community to inaction of akim (governor) in relation to these non-normal events.

     

On August 13, 2009 Judge Akkul Karasayeva has passed sentence and convicted A. Bekturganov for one year of imprisonment. He has been detained in court room. (See Chapter III p.2)

 

Paragraphs of the month: Servicemen of JSC “BTA Bank” have addressed to Medeu District Court of Almaty with suit about protection of business reputation and recovery of moral damage to founder of the newspaper “Respublika- delovoye obozrenie Duble 2”- LLP “DPA” Chief Editor Guzyal Baydalinova and correspondent Irene Petrushova.

 

The charges stemmed from article “Between two evils’ tis not worth choosing” by Petrushova about situation around JSC “BTA Bank”, published in the newspaper “Respublika- delovoye obozrenie Duble 2” on March 06, 2009.

 

Plaintiff did not like two items in the article. The first item had brief information on bank. It has been biggest private bank of Kazakhstan and CIS countries, built as international business corporation and did not pass state control and management. But, it has been doomed.

 

There was information that part of new managers wanted to make bank as bankrupt. They knew that did not get salary from rehabilitative procedure, but on bankruptcy and debt refunding.

 

Plaintiff has said that there was deposit outflow on sum of 6 milliards and 770 million tenge from 13 to March 31, 2009 in the bank. It had happened from these two items.

 

Bank servicemen have demanded recovery of eighty millions tenge as moral damage and publication of refutation.

 

Editorial staff has been sure that the goal of this lawsuit has been closure of improper newspaper with the help of suit. (See Chapter III, p.6)

 

Operative actions of the month: Correspondent of the newspaper Nedelya SK Lubov Khomyak could not get reply on her letter-request, addressed to Akimat (Administration) of Petropavlovsk from 2008. Public Foundation for Support of Mass Media Adil Arka has addressed to City Akimat (Administration) with statement, where it pointed out violation of rights of journalist for getting of information and terms of providing of information in accordance with letters-requests.  

 

In August 2009 Staff of Akimat (Administration) has reacted on it. They have demanded to inform on issued date and letter-request date, referred to this question has been under control of City Akim (Governor); they will reply on it, but could not find this letter-request. But, by this time journalist has forbidden about content of letter-request. (See Chapter II, p.2)

 

Monitoring of Foundation Adil soz has registered 90 reports in August 2009.  23 of which define the actual state of mass media in light of the political atmosphere of the month; 32 of which provide information on direct violation of rights of mass media and journalists; 35- on conflicts and charges brought forward against mass media and journalists.

 

You can see detailed monitoring of violations of rights of Internet-editions on the website www.adilsoz.kz  in proper chapter.

 

I. Peculiarities of political, social, administrative and legal climate in the country, determining actual state of mass media

 

1. Statements speeches of state officials, determined actual position of mass media and situation of freedom of speech

 

August, 29

 

All Mass Media

 

On August 29, 2009 Committee of National Security of the Republic of Kazakhstan distributed press release of Chairman of Committee of National Security Amangeldy Shabdarbayev. Shabdarbayev said that he has been a head of special state body; did not allow himself making of influence on the investigation, using personal or corporative interests and interfere and regulate investigative process. There was no any change of law and justice by employees of Department of Committee of National Security of Zhambyl region during control of General Prosecutor’s Office and internal service solution of conflict.

        

The change of secret signature stamp of published documents could not influence on judgment; it has been impossible in accordance with law On State Secrets of the Republic of Kazakhstan.

 

The office for protection of Chief Editor of the newspaper Alma-ata Info Ramazan Yesergepov has conducted an action of protest near building of Almaty Department of Committee of National Security of the Republic of Kazakhstan on August 25, 2009. About 60 men have participated in this action. There was a letter, addressed to Chairman of Committee of National Security Amangeldy ShabdarbayevChairman of Committee of National Security Amangeldy Shabdarbayev should answer!”; information on investigative process by case of chief editor with numerous procedural violations.

 

 

August, 19

 

Ramazan Yesergepov, Alma-ata Info (Almaty)

 

Deputy of Senate of Parliament of the Republic of Kazakhstan Gani Kasymov has expressed his opinion on pages of the newspaper Vremya. It was connected with passing of sentence for editor of the newspaper Alma-ata Info Ramazan Yesergepov. First, it has been necessary take measures for non-admittance of norm of journalistsimprisonment without cause, second make amendments to legislation, including law On Mass Media and correspondents will not be prosecuted for their publication.  

 

August, 30

 

Sergey Zheleznyak, Yuri Geyst, “Diapason” (Aktobe)

 

Correspondents of the newspaper Diapason have participated in demonstration, devoted to commemoration of Day of Constitution. They have held in their hands placards “For Freedom of Speech!”, “No Censorship!” and “For Free Internet!”      

 

Employees of special services have decided that there were placards, which did not meet to samples of Aktobe Akimat (Administration). They asked to put a side these placards, then a man took placard and tried to leave for this place. He tore it to pieces. There was only one placardFor Free Internet!”    

 

2. Changes and amendments of acting legislation, defined legal position of mass media

 

August, 17

 

All Mass Media

 

Agency of information and Communication of the Republic of Kazakhstan has made project setting of makingCenter of technical accompaniment and analysis in the sphere of television communications” and “Service of reaction on computer incidents” in republican state enterprise.   

 

There will be technical monitoring and definition of mechanisms and Internet- resources, functioned in violation of normative, legal acts, regulated activity of participants of Kazakhstan’s segment of Internet.

 

Recommendations for national Internet-users for protection of interests of person, the society and state in information sphere; usage of effective soft hardware, directed to counteraction of acts of illegal interference into information systems on base of introduction and discussion of international experience, providing of computer security, advices and technical support for national users.   

 

August, 10

 

All Mass Media

 

European Union has disseminated statement, where it mentioned its point of view concerning adoption of law On Amendments into Some Legislative Acts of the Republic of Kazakhstan of Information and Communication Networks(it was adopted on July 10, 2009).

  

This law has been contravened to liabilities of Kazakhstan in OSCE under support of access to Internet and making of open and public forum for freedom of expression and opinion (Decree of Permanent Council ¹ 633, dated on November 11, 2004.). It did not meet to promise, kept by Minister Tazhin at session of Council of Ministers of Foreign Affairs in Madrid on November 29, 2007; paid attention to OSCE’ recommendations and its bodies under implementation of democratic reforms.

 

European Union has called Kazakhstan for paying attention to difficulties under law implementation and discussion of future amendments.  

 

The USA considered that law On Internets Regulationhas been restrictive.

 

Authorized Person in Vienna of Permanent Council of Collective Treaty of Treaty Organization in Vienna Keyili Scott has said that this law could make weak freedom of expression Internet, equaling blogs and chats to mass media and re-classification of all Internet-resources and content to Internet-editions. There will be enlargement of legal reasons. As a result of it government could close and block websites. The law has been back step in the development of Kazakhstans mass media management.    

 

August, 27

 

All Mass Media

 

Head of OSCE Centre in Kazakhstan has replied on questions of journalist of the newspaper Vremya. It was connected with correspondence to standards of OSCE, concerning law On Information and Communication Networks, equaled all Internet-resources to mass media. He has said that:

 

Any state tried to contravene to calls for extremism, terrorism and conflicts. It has been logic way. But, this tool, used in Kazakhstan did not meet to democratic principles.

 

3. Actions and statements for protection of civil and professional rights of media outlets

 

August, 19

 

All Mass Media

 

Journalistic community of Kazakhstan worries about stiffening of court practice in relation to journalists, citizens using their constitutional right for freedom of expression, getting and dissemination of information.

 

Correspondent of the newspaper “Epokha” Vadim Kuramshin was sentenced to three years and ten months of imprisonment for libel (from 2006). He has protected interests of countrymen; used word “contrivance” in his publication.

 

Editor of the newspaper “Zakon I Pravosudie” Tokbergen Abiev has faced to provocative proposal, concerning purchase of public important information in 2008. As a result he was sentenced to three years of imprisonment. Abiev was charged of bribery.

 

There were two victims, who have suffered from freedom of speech. It had happened in 2009 in Almaty before chairmanship in OSCE.

 

In August Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov was convicted for three years of imprisonment for illegal collection and divulgation of state secrets. He has published information on attempt of CNS to interfere businessman to meet with President of the Republic of Kazakhstan.

 

Former Advisor of Akim of West Kazakhstan region Alpamys Bekturganov was convicted for one year of imprisonment on August 13, 2009. He has said about global problems of the region at press conference.

 

As a result of it there was pressure upon journalistic point of West Kazakhstan. Lukpan Akhmedyarov has participated as witness on legal proceeding and was arrested for five days for contempt of court. He has refused to participate in such show. Judge of Uralsk Administrative Court decided that such reply has been as contempt of court.

 

Journalists covered press conference Alpamys Bekturganov were brought to trial as third persons of defendant. Editions, published information on press conference of A. Bekturganov can face to different prosecutions.

 

For last years legal proceedings about protection of honor, dignity and business reputation are become as instrument of revenge for independent journalists and liquidation of improper editions.

 

We think that court decisions contravene to prevailing values of Kazakhstan’s society. It is impossible to call people as criminals and deprive them from freedom for expression of public opinion and ideas; recovery of grand sums as compensation of moral damage.

 

We think that people, who taken public administrative positions should use methods of polemic, public discussions, but not prosecution under refutation of untruth information.

 

We think that it is necessary before chairmanship of Kazakhstan in OSCE:

 

·   Parliament should decriminalize libel and slander, regulate sums of recovery of moral damage, restrict court stoppage and closure of mass media as exception, provided by Constitution;

 

·   Supreme Court should extend practice of sentences for protection of personal non-property rights in accordance with constitutional rights for freedom of opinions and ideas, freedom of speech and creation;

 

·   General Prosecutor’s Office should initiate post-conviction review of journalists, who sentenced for making of professional debt and citizens, punished in criminal order for public expression of their opinions and ideas.

 

Statement of journalistic community was sent to Parliament of the Republic of Kazakhstan, Supreme Court and General Prosecutor’s Office.   

 

August, 14

 

All Mass Media

 

Employees of the newspaper Respublika have published white newspaper page with text on August 14, 2009.    

 

It has been protest of independent newspapers against unfair sentence of taraz City Court in relation to Chief Editor of the newspaper Alma-ata Info Ramazan Yesergepov, convicted to three years of imprisonment for implementation of his professional, editorial and journalistic debt.  So, special service bodies tried to make censorship for media coverage of illegal activity of forced organs.

 

The sentence for Yesergepov has been sentence for all Kazakhstan’s independent press.

 

Editorial staffs of newspapers such as, “Obtschestvennaya positsiya”, “Alga”, “Azat” and “Vzglyad” expressed its protest; “Vremya”, “Svoboda slova” and “Zhas Alash” made thematic points, devoted to sentence of Ramazan Yesergepov and its disagreement.

 

August, 21

 

“Vzglyad” (Almaty)

 

On August 21, 2009 business newspaper Vzglyad has informed on completion of its activity during week. Next issue of the edition will be on September 04, 2009. As a result of it editorial staff has made protest against criminal punishment of Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov.      

 

Journalist should not be in prison under implementation of its professional debt. Its convictionit is a conviction of the society for right of getting of information.  

 

August, 19

 

Alla Zlobina, Respublikadelovoye obozrenie”, “Nadezhda (West Kazakhstan region), Sanat Urnaliev, Turan (Atyrau), Arthur Nigmetov, Radio Azattyk (West Kazakhstan region)

 

Journalists Alla Zlobina, Sanat Urnaliev and Arthur Nigmetov have conducted press conference in National Press Club of Almaty on August 19, 2009. They have told about their institution to responsibility. It was connected with making of reviews at press conference (in July) of Akim (Governor) Advisor of West Kazakhstan region Alpamys Bekturganov. There was unpleasant information for Regional Akim Baktykozhi Izmukhambetov. Journalists have said that they were tried to charge with organization of this press conference, but there were only questions.      

There was dissemination of statement of Uralsk journalists, addressed to President of the Republic of Kazakhstan, human rights activists and their colleagues at press conference in Almaty.  They asked to pay attention to events, happened with journalists in West Kazakhstan region.

 

Local power tried to make control of mass media, using suit of akim (governor). Journalists of Uralsk have said that there was pressure upon freedom of information. They hoped that this campaign of liquidation of non-proper journalists and editions has not been an action of the state, but it has been private initiative of self-confident state officials and bureaucrats, studied their own interests.    

 

August, 25

 

Respublikadelovoye obozrenie (Almaty)

 

Employees of the newspaper Respublika have conducted press conference in National Press Club of Almaty. It was devoted to themeWho does want to close newspaper Respublika?” (two versions of the editorial staff).

  

At the end of July BTA Bank has brought a suit against newspaper Respublika. They have demanded on recovery of eighty millions tenge as moral damage. The charges stemmed from article “Between two evils’ tis not worth choosing”, published on March 06, 2009.

    

Journalists of the newspaper have thought that it was absurd suit of BTA Bank, because deposit outflow was not caused by two paragraphs. This material has been only estimation of the journalist, or assumption.

  

Deputy for Chief Editor of the newspaper Oksana Makushina has made assumption. There were only two versions. The first version that BTA Bank has tried to keep secret from government, the second one state tried to close newspaper with the help of bank.

  

II. Violations of rights of mass media and journalists

 

In August 2009 monitoring of foundation has registered 33 reports on direct violations of rights of mass media and journalists.

 

Including:

 

1. Violations of rights of mass media and journalists for freedom of speech and creation

 

August, 13

 

Tatiana Koretskaya, “Youzhnyi Kazakhstan (South Kazakhstan region)

 

Akimat (Administration) of South Kazakhstan region has conducted action “Good matters of south”. This action was covered in press. Acting Press Secretary of Regional Akim (Governor) Abzal Zhusaliev has come to the correspondent of regional social and political newspaper “Youznyi Kazakhstan” Tatiana Koretskaya, who spoke with one of the inhabitants of district during visit of journalists to Kazygurtski district. Abzal Zhusaliev has been interested in having of interview without his permission.   

 

August, 26

 

“Diapason” (Aktobe)

 

Some inhabitants of Aktobe have supported action of head office of Yesergepov’s maintaining and come to local Department of Committee of National Security with letter-support for convicted journalist. Correspondent of the newspaper Diapason Sergey Zheleznyak and Maxim Tokar have published material about it.

      

Some hours later Deputy for Akim (Governor) of Aktobe Saniya Kaldygulova has called to Chief Editor of the newspaper Diapason Elena Getmanova. She has asked for her not to make publication of this material.

   

But, it was published on August 27, 2009.

 

2. Infringement into legal professional activity of journalists  

 

August, 20

 

Svetlana Krug, TV Company 5 kanal” (Caraganda)

 

Correspondent of TV Company “5 kanal Svetlana Krug has made a review about 18-years old foster of boarding school for children with disabilities. She has bailed out of a window on second floor. Journalist interviewed her. She has told her that she had pressure from some housemasters of boarding school.       

 

As a result of it Svetlana Krug has addressed to Director of Boarding School Nurken Blyalov. Security officers did not permit her to go there.   

 

Nurken Blyalov has asked not to make a reviewon-line”. Otherwise, he will address to court.  

 

3.  Groundless refusal and violations of terms of providing public important information  

 

August, 03

 

Lubov Khomyak, Nedelya SK (Petropavlovsk)

 

Correspondent of the newspaper Nedelya SK Lubov Khomyak could not get reply on her letter-request, addressed to Akimat (Administration) of Petropavlovsk from 2008. Public Foundation for Support of Mass Media Adil Arka has addressed to City Akimat (Administration) with statement, where it pointed out violation of rights of journalist for getting of information and terms of providing of information in accordance with letters-requests.  

 

In August 2009 Staff of Akimat (Administration) has reacted on it. They have demanded to inform on issued date and letter-request date, referred to this question has been under control of City Akim (Governor); they will reply on it, but could not find this letter-request. But, by this time journalist has forbidden about content of letter-request.  

 

August, 03

 

Anna Rakhmanova, TV Company Astana (Kostanay)

 

Correspondent of TV Company Astana Anna Rakhmanova had information. This information has been about children, returned from camp “Svetofor”. As a result of it they had meningitis. Journalist has phoned to SES of Akmola region. Employees of SES have refused to speak about it and advised her to write letter-request. There was a fact of polemic. As a result of it conversation between correspondent TV Company Astana Anna Rakhmanova and employees of SES has been stopped. Journalist needed in this material very much, but she did not send official letter-request to SES.   

 

August, 28

 

Yuri Yeliseyev, “Liter” (South Kazakhstan region)

 

Proper correspondent of the newspaper “Liter” of South Kazakhstan region Yuri Yeliseyev has made information on situation with Crimean-Congo hemorrhagic fever in the region. Journalist has addressed to Chief Specialist of Regional Sanitary Epidemiology Station Shinar Kashinova for providing of statistic.   

  

 

Shinar Kashinova has said that correspondent should get permission from Deputy for Head Doctor of Regional Sanitary Epidemiology Station Abdugapur Shazhaeyev. But, he did not give permission. Abdugapur Shazhaeyev has said that Yuri Yeliseyev has not been a good journalist.       

 

4. Groundless restrictions in getting of public important information

 

August, 06

 

Tatiana Tokar, “Diapason” (Aktobe)

 

An inhabitant of Aktobe has addressed to the newspaper “Diapason”. She has told about photo of driver of other route of municipal transport in a month. This bus driver downed her on cross road, was deprived from drive license by court.

    

Correspondent of the newspaper Tatiana Tokar has asked for Chairman of Committee of Traffic Police of Ministry of Internal Affairs of the Republic of Kazakhstan Kayrat Tanybekova. He has told to her that there were such cases and promised to journalist about making of operation “Intercept”, took driver off route. Route number, photo and driver surname were given to employees of traffic police of Aktobe region.

    

Editorial staff did not receive any information from Department of Traffic Police during six days.

 

August, 19

 

Mass Media of Taraz

 

Correspondents of city newspapers of Taraz were unsatisfied by actions of Zhambyl Regional and City branch of the party Nur Otan.  They did not give any press releases with the list of participants of arrangement. Journalists have said that there was one copy of document in Russian language. Representatives of Taraz’s mass media should take participants of the meeting for knowing of their surname and position.    

 

August, 25

 

Dinara Musayeva, TV Company “Kazakhstan-Shymkent” (Shymkent)

 

Journalist of TV Channel Kazakhstan-Shymkent Dinara Musayeva has asked for Deputy of Senate of the Republic of Kazakhstan Kuanysh Aytakhanov to give interview on results of visit to districts and meetings with voters. Senator has refused to do it. Aytakhanov has said that he has been already given interview by this occasion.   

 

5. Stoppage of mass medias issue

 

August, 13

 

Alma-ata Info” (Almaty)

 

Supreme Court of the Republic of Kazakhstan has considered appeal claim of the editorial staff of newspaper Alma-ata Info”. Editorial staff has appealed judgment of Specialized Inter District Economic Court of Almaty, dated on February 10, 2009. As a result of it issue of the newspaper was stopped for a month and withdrawal of suit of owner of the newspaper, it meant LLP “Zhuldyz” about violation of secret rules of secret information.

 

From April newspaper Alma-ata Info” has been accessible for its readers. But, staff of the newspaper tried to protect their chief editor Ramazan Yesergepov with the help of Supreme Court. Judgment of Specialized Inter District Economic Court of Almaty on secret letters of CNS has been subject to opening of criminal case against chief editor.

   

On August 13, 2009 Supreme Court has dismissed supervision claim of the newspaper“Alma-ata Info” and took judgment of previous instance in force; it meant stoppage of newspaper’s issue for a month and admit letters’ content of CNS as secret.   

 

6. Violation of transparency principle of legal proceeding

 

August, 07

 

All Mass Media

 

Chairman of Court ¹ 2 of Taraz Nurmat Abidov has said that sentence has been removed to August 10, 2009. He has said to journalists, who came to passing of sentence by case of Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov on august 07, 2009. Nurmat Abidov has explained that judge Azamat Tlepov had no enough time fo passing of sentence.  

 

On August 08, 2009 sentence was passed. It has been closed legal proceeding. Materials of official press release were given to journalists under their putting of signature.

 

Journalists, representatives of public organizations and relatives of convicrted persons have written a statement, addressed to Chairman of City Court N. Abidov, where they mentioned that court sentence should be made openly under article 29 of Criminal and Procedural Code of the Republic of Kazakhstan. 

 

8. Breakage of website

 

August, 19

 

Electronic government of the Republic of Kazakhstan (http: //www.e.gov.kz/wps/portal)

 

Official blog- platform of the government of Kazakhstan was attacked by hackers.  ïîäâåðãëàñü àòàêå õàêåðîâ. Press Service of Prime Minister of the Republic of Kazakhstan has distributed press release on August 19, 2009.  There was unsuccessful attempt of control over data base. As a result of it non-sufficient part of data of blog platform was damaged.

 

Specialists took measures for protection of the server and making of data restoration. Blog-platform has functioned as usual regime.

 

III. Conflicts, violations, incriminated to mass media

 

In August 2009 monitoring of foundation “Adil soz” has registered 35 reports on conflicts and charges against mass media and journalists.

  

Including:

 

1.   Charges of distribution of information, contained state secrets (Article 172 of Criminal Code of the Republic of Kazakhstan)

 

August, 08

 

Ramazan Yesergepov, Alma-ata Info” (Almaty)

On August 08 court ¹ 2 of Taraz has sentenced Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov to three years of imprisonment. Chief Editor was convicted by articles 172 p.1“Illegal Obtaining, Divulging of State Secrets” (1. Collection of information constituting state secrets, by way of stealing documents, subornation, or threat with regard to the persons who possess state secrets or their relatives, interception in means of communication, illegal penetration into computer systems or networks, use of special-purpose technical facilities, and equally by any other illegal method, when there are no indications of high treason or espionage); and 339 p.2 “Obstructing the Administration of Justice and Performance of a Preliminary Investigation” (2. Interference in any form with the activity of a prosecutor, investigator, or a person carrying out an inquest, for the purpose of impeding the comprehensive, complete, and objective investigation of a given case) of Criminal Code of the Republic of Kazakhstan. Ramazan Yesergepov can not make his editorial activity during two years after release in accordance with judgment.

Chief Editor was charged with illegal obtaining, divulging of state secrets. The charges stemmed from article “Who does run President or CNS?” published in the newspaper Alma-ata Info” on November 21, 2008. There was publication of service correspondence of Head of Department of Committee of National Security of Zhambyl region, General-Mayor Kozbasar Nurbekov and Chairman of Committee of National Security Amangeldy Shabdarbayev. They have thought that there was secret information.

This sentence will be appealed in appeal instance.

 

August, 11

 

Ramazan Yesergepov, Alma-ata Info” (Almaty)

 

International Organization Reporters Without Borders“ has been against sentence, passed for Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov.  

 

Ramazan Yesergepov has made his professional and civil debt, drawing line between businessman and CNS.

 

Organization of journalists has asked to dismiss sentence in connection with it violated freedom of speech and democracy.

 

August, 11

 

Ramazan Yesergepov, Alma-ata Info” (Almaty)

 

Chairman of OSCE of Mass Media Miklosh Harasti has said that the sentence, passed for Chief Editor of the newspaper Alma-ata Info” Ramazan Yesergepov about three years of imprisonment at close legal proceeding. He has said about it in Vienna. It contravened to standards and liabilities of OSCE in mass media.      

 

There was information that imprisonment of civil citizens and journalists for divulging of secret information deprived the society of important information; journalism had no any its important tool for publication of secret materials. It was sent to Minister of Foreign Affairs of the Republic of Kazakhstan Marat Tazhin. Criminal prosecution for divulging of state secret could be implemented in relation to state officials; they should protect service information, but not in relation to civil persons, who made or published this information.   

 

Chairman of OSCE of Mass Media Miklosh Harasti has called for state power of the Republic of Kazakhstan to dismiss sentence for Yesergepov and permitted to him make publication of the newspaper.  

 

2. Charges of libel (Article 129 of Criminal Code of the Republic of Kazakhstan)

 

August, 13

 

Alpamys Bekturganov (Uralsk)

 

There was passing of sentence by charge of Alpamys Bekturganov on August 13, 2009. He was charged of slander of Akim of West Kazakhstan region Baktykozha Izmukhambetov sentenced to one year of imprisonment and take into custody in court room.

 

Alpamys Bekturganov has worked as Advisor of Akim till July 2009. In July he conducted press conference, where spoke about his pretensions. There were pretensions, addressed to his chief. Bekturganov was unsatisfied by actions of his chief in struggle for corruption and reminded to journalists about situation, connected with two death cases of Director of Sanatorium “Akzhayik” Kaiyrly Shalabayev and Former Head of Office of City Akim Kayrat Akbulatov. Police officers explain it as fact of suicide.

 

Alpamys Bekturganov has said that he does not accuse him in complicity or concealment in his interview for the newspaper “Diapason” after press conference. The situation, connected with two deaths has been very strange. Akim should control public mood. People have come to Alpamys Bekturganov and asked him about it.

 

Some days later Alpamys Bekturganov was dismissed for unsuitability for a profession and truancies after scandal press conference. After that Baktykozha Izmukhambetov has accused Alpamys Bekturganov in slander.

 

August, 19

 

Zaure Zhumalieva, Petropavlovsk KZ” (Petropavlovsk)

 

Victor Miroshnichenko, ”Vremya” (North Kazakhstan region)

 

There was publication of article by Zaure Zhumalieva (her pseudonym Nadezhda Plyaskina) “Lightning hammer” in the newspaper Petropavlovsk KZ” in November. This material was made on base of monitoring, conducted by Public Foundation “Adil Arka” about violations of rights of journalists. Director of Public Foundation “Adil Arka” Zaure Zhumalieva interviewed journalist of the newspaper Vremya Victor Miroshnichenko, concerning cases of institution of journalists to responsibility, including criminal one for publication of articles. Miroshnichenko has told that he was tried to institute to criminal responsibility for article about taking of the property of Rufail Bayazitov by his son Pharid Bayazitov.

   

In May Pharid Bayazitov and his lawyer Sergey Arapov have addressed to city newspaper and journalists with civil suit and won it. Thirty thousands tenge were recovered in favor of plaintiff by judgment from Victor Miroshnichenko.

    

In July Pharid Bayazitov and his lawyer Sergey Arapov have addressed to the court ¹ 2 of Petropavlovsk. There was claim about institution of journalists to criminal responsibility for slander.

     

The first legal proceeding will be held on September 25, 2009.

 

3. Non-Execution of a Court's Judgement (Article 362 Non-Execution of a Court's Judgement, Court's Decision, or Other Judicial Act of Criminal Code of the Republic of Kazakhstan)

 

August, 17

 

Bakhytgul Makimbay, “Taszhargan” (Almaty)

 

Court Executors have come to Chief Editor of the newspaper “Taszhargan” bakhytgul Makimbay on August 17, 2009.  They said to her, if she would not pay fine 350400 tenge (2336 USD) Specialized Inter District Court of Almaty put arrest upon her property.

 

 On November 27, 2008 Administrative Court of Almaty has rendered a decision by suit of Public Prosecutor of Medeu district of Almaty to Chief Editor of the newspaper Taszhargan Bakhytgul Makimbay 325 monthly assessment indicies (it meant 379600 tenge or 2531USD).  She was alleged violations under Articles 343 and 344 p 2 (it means “permission for publication of materials in mass media, directed to inciting of national enmity” ;“making, possession, import, transportation, distribution at the territory of the Republic of Kazakhstan other products which are not related to mass media containing the information and materials for propaganda or agitation forcible change of the constitutional system, the integrity of the Republic of Kazakhstan, undermine the security of the state, war, incitement of social, racial, ethnic, religious, class and tribal enmity, the cult of cruelty, violence and pornography”) of Administrative Code of the Republic of Kazakhstan.

 

The charges stemmed from article by Gulzhanat ShonabayWhy did two Uigur men kill one Kazakh man?” and “Unhappy Kazakh man from Malybay suffers for his helplessness” (translation from Kazakh language). These articles were published on July 09 and 16, 2008 and connected with incident in the village Malybay of Almaty region. As a result of it one inhabitant of the village was killed.

 

Bakhytgul Makimbay has asked for court executors about stoppage of suit, because she had no any job during four months.  

 

August, 17

 

Newsman of Radio “Azattyk” Dilbergim Mavloniy has addressed to Administration of Courts of Auezov Territorial Office ¹ 2 by occasion of the visit of court officers to Chief Editor of the newspaper “Taszhargan” Bakhytgul Makimbay.   

 

Specialist of Administration of Courts Gulzhan Kuanyshbayev has pointed out that court executors of their office did not come to chief editor; advised to write contact information if they will come one more.  It was impossible to make an arrest in one district, if somebody lives in other one.  But, if she had a debt, she will be arrested. She should come herself; should not hide herself. Otherwise, she will be instituted to criminal responsibility.   

 

4. Arrest of journalist

 

August, 14

 

Lukpan Akhmedyarov, “Uralskaya nedelya” (Uralsk)

 

On August 14, 2009 Correspondent of West Kazakhstan weekly “Uralskaya nedelya” Lukpan Akhmedyarov was arrested for five days. There was a ruling of Uralsk Administrative Court.

 

Lukpan Akhmedyarov has participated as witness on legal proceeding on August 11, 2009. Former Akim Advisor of West Kazakhstan region Alpamys Bekturganov was charged of libel of Oblast Akim Baktykozha Izmukhambetov.

 

Judge has said to Akhmedyarov that he could stay in court room after testifying. He has refused to participate in such show. Judge of Uralsk Administrative Court Akkul Karasayeva decided that such reply has been as contempt of court.

 

Lukpan Akhmedyarov made an appeal to Regional Court of West Kazakhstan region. Public Prosecutor has appealed about change of arrest to administrative fine. But, Regional Court has dismissed ruling of City Court.

 

5. Demands on protection of honor, dignity and business reputation from publication of definite information

 

August, 01

 

Denis Danilevskiy, Flash!” (Ust-Kamenogorsk)

 

There was publication of articleAfghans and Cossacks of Ridder are in disgrace” by Denis Danilevskiy in the newspaper Flash!”  on June 19, 2009.  It was done on base of open letter of the staff of Irtysh Cossack Centre. Cossack people were unsatisfied by actions of Director of House of People’s Friendship of Ridder Olga Koren. They have told that House of People’s Friendship refused in providing of rooms for lessons and their sections and did not invite their collectives for future holidays.   

 

Editorial staff has been on vacation from July 03 to August 07, 2009. They said to their readers.  

 

Editorial staff has known that there was a letter of Director of House of Peoples Friendship of Ridder Olga Koren on July 17, 2009. She demanded to publish refutation of untruth information. There was no any mention of concrete untruth information. The refutation text has not been provided.  

 

They have made a refutation with the help of sent documents. It was printed in first issue (before their vacation).  

 

On July 20, 2009 Olga Koren has addressed to City Court of Ust-Kamenogorsk with suit about protection of honor and dignity and recovery of 500 000 tenge as moral damage to the journalist Denis Danilevskiy and newspaper Flash!” There was no any reply on appeal for editorial staff in suit.   

 

Editorial staff had not been agreed with pretensions. Refutation was published only on August 07, 2009. Demands of Director of House of Peoples Friendship were fulfilled in time. Editorial staff made it during month from moment of getting of pretension.

 

The first legal proceeding will be held on September 01, 2009.

 

August, 03

 

Svetlana Mogay, “Avitrek- region” (Caraganda)

 

Conductor of third bus park Saniya Yeleusizova has addressed to editorial office of the weekly “Avitrek- region”.  She has told that the staff of bus park did not pay a salary for a long time. Department of Ministry of Labour and Social Defence of the Republic of Kazakhstan of Caraganda region has made control there. There were fair demands of the conductor. But the staff of bus park has refused to pay a salary for their employee.  

 

There was publication of articleHit in pocketby Svetlana Mogay in the weekly Avitrek- region on June 24, 2009.  

 

After publication of the article editorial staff has received a letter from Director of Bus Park Arthur Grigoryan with the demand of refutation. The staff of third bus park has sent text of refutation with some non-significant corrections was publishedin next issue of the newspaper.

 

Arthur Grigoryan has applied for Inter District Economic Court of Caraganda region with suit about protection of business reputation and recovery of one million tenge as moral damage.  

 

August, 06

 

“Vremya” (Almaty)

 

There was final legal proceeding by suit of Bank of Development of Kazakhstan about protection of honor, dignity and business reputation and recovery of one milliard tenge as moral damage to the newspaper Vremya and journalist Marat Asipov in Zhetysu District Court.

 

The charges stemmed from article “Pasteboard break” published on April 09, 2009. There was information on spending of money, allocated by Bank of Development of Kazakhstan.

 

The court has made judgment of suit dismissal, because parties concluded an amicable agreement.

 

August, 14

 

Alla Zlobina, “Respublika – delovoye obozrenie” (West Kazakhstan region) Gulmira Kenzhegalieva-Sarmina, “Caravan” (West Kazakhstan region) Andrei Sarmin, “Megapolis” (West Kazakhstan region) Gulmira Sarbasova “Vremya” (West Kazakhstan region) Lukpan Akhmedyarov “Uralskaya nedelya” (Uralsk), Arthur Nigmetov “Radio Azattyk” (West Kazakhstan region), Gennady Pak, TV Company “TDK-42” (Uralsk)

       

On July 23, 2009 Akim (Governor) of West Kazakhstan region Baktykozha Izmukhambetov has brought civil suit about protection of honor and dignity to his former advisor Alpamys Bekturganov.  As a result of it former Advisor of Akim (Governor) should made an apology before him on pages of republican newspapers and Uralsk ones and refute information, made by Bekturganov at press conference on July 15, 2009.  

 

Judge of Uralsk City Court G. Ospanova (she will consider this case) has satisfied petition of representative of the plaintiff about summon to court and examination of journalists such as, A. Zlobina (“Nadezhda”, “Respublika”), G. Kenzhegaliva-Sarmina (“Megapolis”), G. Sarbasova (“Vremya”), L. Akhmedyarov (“Uralskaya nedelya”), A. Nigmetova (radio “Azattyk”) and G. Pak (television channel “TDK-42”), covered this press conference.

 

Journalists have written statement of witnesses in court session. It was addressed to chairman of court. Judge has decided to involve journalists and founders of editions are brought to trial as third persons of defendant.

 

They and editions have covered press conference, where former Advisor of Akim Alpamys Bekturganov criticized activity of B. Izmukhambetov.

 

6. Demands and suits on protection of honor, dignity and business reputation from publication of opinions, ideas and estimations

 

August, 06

 

Respublikadelovoye obozrenie (Almaty)

 

Servicemen of JSC “BTA Bank” have addressed to Medeu District Court of Almaty with suit about protection of business reputation and recovery of moral damage to founder of the newspaper “Respublika- delovoye obozrenie Duble 2”- LLP “DPA” Chief Editor Guzyal Baydalinova and correspondent Irene Petrushova. They have demanded recovery of sixty millions tenge as moral damage and publication of refutation

 

The charges stemmed from article “Between two evils’ tis not worth choosing” by Petrushova about situation around JSC “BTA Bank”, published in the newspaper “Respublika- delovoye obozrenie Duble 2” on March 06, 2009.

 

Bank servicemen have thought that Irene Petrushova has been unsatisfied by actions of new staff of JSC BTA Bank, which intended to make bank bankrupt.

  .

Editorial staff has not been agreed with their pretensions. It has been opinions, ideas and proposals, but not information on facts of bank servicemen.   

 

Employees of the newspaper Respublika have asked staff of BTA Bank about providing of clear text refutation. But, text of the refutation was not provided by bank servicemen. It has been on June 26, 2009 in reply on claim, dated on May 28, 2009.

 

August, 20

 

Respublikadelovoye obozrenie (Almaty)

 

Servicemen of JSC “BTA Bank” have addressed to Medeu District Court of Almaty with suit about protection of business reputation and recovery of moral damage to founder of the newspaper “Respublika- delovoye obozrenie Duble 2”- LLP “DPA” Chief Editor Guzyal Baydalinova and correspondent Irene Petrushova on August 20, 2009.

 

The charges stemmed from article “Between two evils’ tis not worth choosing” by Petrushova about situation around JSC “BTA Bank”, published in the newspaper “Respublika- delovoye obozrenie Duble 2” on March 06, 2009.

 

Plaintiff did not like two items in the article. The first item had brief information on bank. It has been biggest private bank of Kazakhstan and CIS countries, built as international business corporation and did not pass state control and management. But, it has been doomed.

 

There was information that part of new managers wanted to make bank as bankrupt. They knew that did not get salary from rehabilitative procedure, but on bankruptcy and debt refunding.

 

Plaintiff has said that there was deposit outflow on sum of 6 milliards and 770 million tenge from 13 to March 31, 2009 in the bank. It had happened from these two items.

 

Bank servicemen have demanded recovery of eighty millions tenge as moral damage and publication of refutation.

 

Editorial staff has been sure that the goal of this lawsuit has been closure of improper newspaper with the help of suit.

 

August, 20

 

“Taszhargan” (Almaty)

 

On June 22, 2009 owner of the newspaper Taszhargan LLP “DAT-ÕMedia”, Chief Editor Bakhytgul Makimbay and journalist Almas Kusherbayev have sent supervisory claim to Board of Civil Cases of Supreme Court of the Republic of Kazakhstan. It was connected with judgment of Almaty City Court about recovery of 30 000 000 tenge for Deputy Romin Madinov.

    

On August 06, 2009 Supreme Court did not consider supervisory claim. It was connected with staff of founders change (on April 01, 2009) of LLP “DAT-ÕMedia”; annulment of legal force of warrant of B. Makimbay for providing of edition interests. Defendants should make all documents in proper way.

  

On August 20, 2009 Super Court has dismissed consideration of supervisory claim. It did not find any reasons for the consideration. There was ruling about leaving of judgment of City Court of Almaty without change about recovery of 30 000 000 tenge in favor of R. Madinov from newspaper Taszhargan and author of materialPoor latifundist”, stemmed for suit of A. Kusherbayev.   

 

Monitoring was prepared based on reports of mass media and correspondents of the Foundation "Adil Soz".

 

Coordinator of the monitoring service of the Foundation "Adil Soz"  

Tsoy Elena.

e-mail: lena@adilsoz.kz

 

Legal-counsel of the Foundation "Adil Soz"  

Ganna Krasilnikova

e-mail:  ganna@adilsoz.kz

 

If you have some questions of monitoring you can contact with us  

info@adilsoz.kz

 

Detailed monitoring of violations of rights of Internet-editions, see on the website

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