Monitoring of violations of freedom of speech in Kazakhstan in April 2011

Monitoring of

violations of freedom of speech in Kazakhstan

in April 2011

(Digest)

In April, 2011 monitoring of violations of freedom of speech of International Foundation for Protection of Freedom of Speech "Adil Soz" has registered 87 reports. 52 of them give the information on direct violations of media rights and journalists, including.:

-Groundless refusal and violation of terms of providing of public important information - 36 reports.

14 reports on conflicts and charges brought against mass media and journalists were recorded including.:

-Demands on protection of honor, dignity and business reputation – 10 reports.

I. Peculiarities of political social administrative and legal climate in country defined actual situation of mass media

2. Actions and statements of state officials determined actual situation of mass media and freedom of speech

April, 14

All Mass Media

Banner and referrence "Handbook of court cases" were placed on the websitewww. of Supreme Court of the Republic of Kazakhstan. There was "on-line"access to information on process of case, date of trial, copies of court cases and surname of judge provided by courts of the Republic of Kazakhstan. Any Internet-user could introduce with passed judgments, orders and rulings, but in a case of additional questions could address to Internet-reception of the website freely.

It was done by initiative of Chairman of Supreme Court of the Republic of Kazakhstan M. Alimbekov for more open and free access to court practice and materials to inform citizens about the activity of judicial agencies.

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

April, 16

All Mass Media

Every year journalists and media lawyers convinced parlamentarians that none legal entity has been able to feel humiliation, anger and other moral inflictions.

On April 16, 2011 the law “On Amendments and Supplements into Some Legislative Acts of Improvement of Civil Legislation of the Republic of Kazakhstan” came into effect. It excluded the recovery of moral damage compensation to legal entities. Legal entities could not pretend to compensation of moral damage.

Legal entity had a right to free of charge publication of its response in press, according to Article 143 p. 3-4 of Civil Code of the Republic of Kazakhstan, if media outlets would publish critical information, discredited his legal rights and interests.

Demands of legal entity on publication of a disclaimer in press should be considered in court, if media outlets refused to publish within a month, did not make it and in a case of its liquidation.

5. Estimations of actual situation of mass media and freedom of speech

April, 19

KazNET

Kazakhstan has been among 18 countries, where Internet-usage was marked as ”partially free”. This information was provided by human rights organization “Freedom House”. It made a report “Freedom In Network in 2011: Global Evaluation of Internet and Digital Mass Media”.

There were three parameters: bar to access (0-25 marks), limitation to the content (0-35 marks), violation of rights of internet-users (0-40 marks).

Russia, Azerbaijan, India, Turkey and Georgia had partially-free access to Internet; Byelorussia and ten countries had not free Internet-usage. There was a censorship in relation to political and social aspects in Internet and blocking of improper websites for the state authority from time to time in these countries.

Estonia, USA, Germany, Australia, Great Britain, Italy, SAR and Brazil had the most greatest freedom in Internet.

6.Actions and speeches for protection of civil and professional rights of media outlets and journalists

April, 15

All Mass Media

On April 15, 2011 International Foundation for Protection of Freedom of Speech “Adil Soz” has made a statement, related to the necessity of improvement of media legislation.

Legal entities could not demand the recovery of moral damage from journalists and media outlets, according to amendment to Civil Code of the Republic of Kazakhstan. It would be come into effect on April 16, 2011.

Beginning from 2002, court has ruled the recovery of KZT50000USD=145.54) as moral damage for administration of president from editorial staff of the newspaper “Respublika. Delovoye Obozrenie”. Journalistic organizations have addressed their proposals to parliament to revoke the norm, when unreal organization structure could feel moral suffering. Some media outlets have been bankrupted on the ground of protection of business reputation of state institutions and private companies. Media editors and owners, who expected the court decision by same suits would breathe freely. Media outlets would not be closed. Freedom of speech is guaranteed by constitution of the Republic of Kazakhstan. It would be more real since April 16, 2011.

Draftsmen and deputies have said that it was a solution of one problem on media field of the Republic of Kazakhstan.

It was necessary to begin the activity, related to restriction of the limitation period of cases about protection of honor and dignity in National Plan of Actions in the Sphere of Human Rights of the Republic of Kazakhstan for .

It was necessary to decriminalize the libel and insult, according to recommendations of UN Council which have been passed by Kazakhstan in 2010.

There were punishments and prohibitions in updated new edition of Code of Administrative Violations. It should be revised and brought to conformity with article 39 of Constitution of the Republic of Kazakhstan.

According to law “On Mass Media” of the Republic of Kazakhstan media outlet could be closed by decision of owner, or judgment. It was necessary to regulate amounts of recovery of moral damage in court disputes about protection of personal non-property rights to rule out the possibility of media bankruptcy and closure as a result of wasted amount recovery. Media responsibility for involuntary infliction of moral damage should be excluded.

The staff of International Foundation for Protection of Freedom of Speech “Adil Soz” hoped that law reforming in the sphere of freedom of expression and in accordance with norms of international law and Constitution of the Republic of Kazakhstan would be continued in the future.

April, 29

All Mass Media

On April 29, 2011 non-governmental organizations such as, International Foundation for Protection of Freedom of Speech “Adil Soz”, National Association of Tele - Broadcasters of the Republic of Kazakhstan, Union of Journalists of the Republic of Kazakhstan and Internews-Kazakhstan have made an open-letter to Minister of Communication and Information of the Republic of Kazakhstan Askar Zhumagaliev.

They thought that the format of joint activity over draft law “On Broadcasting” of ministry of communication and information with media representatives, business-associations and institutions of civil society has been ineffective. Non-governmental organizations and business-associations made and submitted to ministry concrete proposals for the keeping of international standards of freedom of speech, Constitution of the Republic of Kazakhstan, interests and rights of the population to free gathering and distribution of information and freedom of expression. But, their proposals were ignored, or used partially in draft law, or without original. Ministry of Communication and Information of the Republic of Kazakhstan did not provide any explanations of it.

It should not be as global censor. It would be better to postpone the passing of law for concrete period and use the time for qualitative summary of project, than to pass crude, non-quality law with wrong conception, which would violate rights of citizens.

NGOs addressed to A. Zhumagaliev to change the format of interaction of ministry of communication of the Republic of Kazakhstan, related to the discussion and completion of draft law “On Tele- Broadcasting”, related to the publicity and transparency and involve interested parties in discussion and make this process more clear.

II. Violations of media rights and journalists

1. Attack on journalist

April, 09

Nick Soloviev, «Nasha Gazeta” (Kostanay)

Earlier, on February 09, 2011 photo reporter of weekly«Nasha Gazeta”Nick Soloviev was attacked by accused Kappasov in Kostanay Oblast Court. Convoy pushed him into court room. Former colleagues of accused persons run to corridor and tried to take Soloviev for his clothe and photo camera. Bailiff tried to solve the situation. As a result of it flash of photo camera was damaged.

Chief Editor of the newspaper«Nasha Gazeta” Olga Kolokolova has filed a complaint with police about opening of criminal case to north office of department of internal affairs (Kostanay).

On April 09, 2011 Senior Investigative Officer of North Office of Department of Internal Affairs(Kostanay) K. Shauenov has issued an order of dismissal, related to opening of criminal case, according to complaint of editor-in-chief. He did not see any corpus delicti under article 187 of Criminal Code of the Republic of Kazakhstan. He spoke with persons, who took part in incident, or witnesses (it meant bailiff, convoy and accused persons). But, they did not see that photo reporter was attacked by Kappasov.

K. Shauenov did not speak with correspondent of newspaper«Nasha Gazeta” Nadezhda Kovalskaya, who has been there and seen this incident.

2. Disappearance of journalist

April, 04

Daniyar Moldashev, LLP «ADP Ltd” (Almaty)

On April 02, 2011 Askar Moldashev has filed a statement with department of internal affairs of Almaty to carry out a search of his brother, director of LLP "ADP Ltd" (publisher of the newspaper "Golos Respubliki") Daniyar Moldashev, who has disappeared on March 30, 2011.

Earlier, on March 26, 2011 Daniyar Moldashev has came back to Almaty from Moscow. He was attacked, beaten and stolen by unknown persons. Daniyar Moldashev had broken arm and concussion of the brain. After that Moldashev disappeared. On March 30, 2011 editorial staff could not call to him and close relatives did not know anything about his location. They made an statement on his disappearance.

On March 31,2011 officers of department of internal affairs distributed the press release. D. Moldashev has not been kidnapped and stolen. His wife and brother explained invesigative officer that Daniyar has gone to Kiev on business trip on March 30, 2011. They contacted with him by telephone.

Assistant Director of LLP "ADP Ltd" Guzyal Baydalinova said that he called her from Minsk on March 29, 2011.

On April 03, 2011 Askar Moldashev went to Minsk to carry out a search of his brother. Lawyer of the newspaper Sergei Utkin said that Askar found his brother by telephone. But, Daniyar did not want to come back to Almaty.

Daniyar Moldashev cooperated with editorial staff of the opposition newspaper "Golos Respubliki" more ten years. He has helped journalists to set up the printing house "Kometa S". Daniyar Moldashev did not disappear without notification.

3. Threats to journalists

April, 14

Nataliya Silvanovich, «Temirtauskiy Rabochiy” (Temirtau, Karaganda oblast)

Household appliance was not functioned from high voltage jump in 60 flats in old part of Temirtau. Correspondent of the newspaper«Temirtauskiy Rabochiy” (Temirtau, Karaganda oblast)Nataliya Silvanovich has made a telephone call to Director of LLP “Gorsvet” Vassiliy Philatov. Correspondent was interested in norms of exploitation of electric cables. He behaved himself by improper way and began to threat her.

After that Philatov has hung up the receiver.

April, 30

Berik Zhagiparov, «Molodezhnaya Gazeta” (Zhezkazgan, Karaganda oblast)

An unknown man has called to editor-in-chief of the newspaper«Molodezhnaya Gazeta” (Zhezkazgan, Karaganda oblast)Berik Zhagiparov on April 30, 2011. He has assaulted him and insisted on closure of the newspaper.

Berik thought that it was connected with article about problems in oblast and mining.

He has filed a complaint with police of Zhezkazgan.

4. Interference to legal and professional activity of journalists

April, 26

Olga Vitukevich, Dmitriy Royz, TV Company «7» (Petropavlovsk, North Kazakhstan oblast)

Journalist of TV Company «7» (Petropavlovsk, North Kazakhstan oblast)Olga Vitukevich has told about raw treatment at legal proceeding by case of band of Baymuldinov in Inter District Court of Criminal Cases (North Kazakhstan) on April 26, 2011. Relatives of accused persons and accused ones prohibited to make a video record; they threatened and insulted them.

Convoy has also prohibited to make a video record of them. O. Vitukevich had tried to explain them that there was no any view of persons during video record, even gun and distillates. Head of convoy has spoken with camera man roughly. When, Dmitriy Royz has tried to make a video record of distance shot of room, he tried to attack him.

April, 26

Anar Bazmukhametova, Dmitriy Rura, Municipal Tele - Radio Company (Petropavlovsk)

Film crew of municipal tele - radio company, correspondent Anar Bazmukhametova and camera man Dmitriy Rura have covered the trial in inter district specialized court of criminal cases (North Kazakhstan oblast). Relatives of accused persons asked to stop a video record during passing sentence to seven members of organized criminal group. They tried to break a video camera and assaulted journalists. One of relatives of accused persons threw the bottle with water. Bailiffs accompanied film crew to service automobile from court room.

Anar Bazmukhametova and Dmitriy Rura were summoned to oblast court (North Kazakhstan oblast). They should write explanatory notes, which were addressed to Chairman of Oblast Court Nurgazy Abdikanov, where summarized their version of the incident. In his explanatory note Dmitriy Rura wrote, that he had no any pretensions to bailiffs.

7. Groundless refusal and violation of terms of providing of public important information

April, 03

Galina Katkova, «Nasha Gazeta” (Kostanay)

Correspondent of weekly«Nasha Gazeta” (Kostanay) Galina Katkova attended the election center № 21 in Kostanay in a day of of presidential elections on April 03, 2011. Journalist asked a secretary of election committee to provide information on number of voted persons till17.00. p. m. But, secretary has not been sure and asked to contact with Chairman of Election Committee Danagul Sayundikova and director of high school № 1. Danagul Sayundikova was interested in it. Galina Katkova has explained that editorial staff of the newspaper observed the process of voting; journalists attended the election center at 08.40 a. m. and in the afternoon. In the morning chairman has provided the data without delay. However, Danagul Sayundikova has said that she could not provide any information and advised to use data of election observers.

Before some days of presidential elections representatives of election committee (Kostanay oblast) have explained, that chairmen of election committees should provide the data about number of voted persons at the moment.

April, 04

Mira Suleymenova, Eugene Pedure, «31 Channel» (South Kazakhstan oblast)

Film crew of«31 Channel» Mira Suleymenova & Eugene Pedure have made an review about inhabitants of one of houses in Shymkent. They could not participate in pre-term elections of President of the Republic of Kazakhstan, because they did not find any election center. Film crew went to central election committee (South Kazakhstan oblast). But, chairman of election commission has been out of office and its representative said that they would not explain this situation from lack of spare time.

April, 20

Robert Keller, «Avitrek-region” (Karaganda)

Correspondent of weekly«Avitrek-region” (Karaganda)Robert Keller has made an actual material, related to delay of delivery of preferential medical treaties for disabled persons. Robert Keller has addressed to Chief of Department of Health Care System (Karaganda oblast) Erkenbay Abilkasimov. Office-manager has said that journalist should write a letter-request in reception-room. From the delay for response on letter-request journalist could not make a review.

April, 30

Nadiya Lisitsina, «Uralskaya Nedelya” (Uralsk, West Kazakhstan oblast)

On March 30, 2011 correspondent of the newspaper«Uralskaya Nedelya” (Uralsk, West Kazakhstan oblast) Nadiya Lisitsina has called to reception room of Chief of Head Department “Health Care System of West Kazakhstan Oblast” Hamidulla Irmenov. She asked to provide information on program of maternity and child welfare service. Receptionist did not connect with Head of Press Service of Department Kozykesh Umarov. He has asked to provide a letter-request, which was sent by Nadiya Lisitsina. Journalist did not receive the response on his letter-request till the end of April. The staff of oblast health care system ignored to provide information without explanation of reasons.

April, 01

Svetlana Mogay, «Temirtauskiy Rabochiy” (Temirtau, Karaganda oblast)

Correspondent of weekly newspaper«Temirtauskiy Rabochiy” (Temirtau, Karaganda oblast)Svetlana Mogay has made an article about unemployment in Karaganda. She has addressed to Chief of Head Department “Office of Employment and Social Programs” (Karaganda) Maria Kusainova. She could not meet with Svetlana Mogay from lack of spare time. Kusainova did not meet with Svetlana Mogay till the end of April.

8. Groundless restrictions during collection of public important information

April, 13

Mira Suleymenova, Eugene Pedure, «31 Channel» (South Kazakhstan oblast)

Irene Abramova, Erkin Orazbayev, «7Kanal» (South Kazakhstan oblast)

Prime Minister of the Republic of Kazakhstan Karim masimov has visited South Kazakhstan oblast. Press service of oblast akim (governor) did not permit republican and television media outlets to make a video record of the session, where prime minister should present new oblast akim (governor). Representatives of city channels and television channel «Khabar» could cover the meeting of Karim Masimov with administration of oblast.

April, 28

All Mass Media

Ministry of Foreign Affairs and United Nations Development Programme in the Republic of Kazakhstan have conducted a round table in Astana. It was devoted to human rights in Kazakhstan. Press Service of Ministry of Foreign Affairs of the Republic of Kazakhstan asked the press to leave before the report «Securing of electoral human rights in Kazakhstan in treatment of the OSCE», because the session would be in close regime.

April, 07

Lev Guzikov, «Ak Zhayik» (Atyrau)

There was information on blog opening of oblast prosecutor in oblast social and political newspaper «Prikaspiyskaya Kommuna» on April 07, 2011. Correspondent of the newspaper«Ak Zhayik» (Atyrau)Lev Guzikov has asked to Press Secretary of Oblast Prosecutor's Office (Atyrau)Svetlana Zhumasheva to provide the same information for publication in her newspaper. Svetlana Zhumasheva has refused to provide the information. She has said that information on blog as advertisement in newspaper«Prikaspiyskaya Kommuna». Then, Guzikov has proposed to provide the information free of charge. But, press secretary needed some timefor the consultation with staff. She has sent SMS-message «It was impossible to make a publication, related to blog of oblast prosecutor.

April, 28

«Golos Respubliki» (Almaty)

Kazakhstan's Criminological Association jointly with Union of Crisis Centers in Kazakhstan and Academy of Economy and Law have conducted an expert meeting within frames of project of European Union «International Standards of Mass Media and National Legislation».

Editorial staff of the newspaper «Golos Respubliki» has received the information via email and phoned above mentioned telephones for the accreditation. Anna Romashko has said that journalists of the newspaper«Golos Respubliki» could not attend this arrangement. It was done by order of head of criminological association. They behaved themselves improper way at one of press conferences last year supposedly. Journalist has been in durag in room. Editorial staff of the newspaper «Golos Respubliki» said that it has not been their serviceman. As a result of it they could not receive an accreditation.

April, 25

Julia Klimova, «Avitrek-region» (Karaganda)

Correspondent of weekly newspaper«Avitrek-region» (Karaganda)Julia Klimova has published an article about the setting of mobile medical points in Karaganda. Journalist has addressed to KSE «Oblast Medical Center» for additional information. Servicemen of this office have refused to speak with Klimova from lack of the staff. Only, Director of KSE «Oblast Medical Center» Kanat Naurzbayev could provide the information. Office-manager did not know, when he would be there.

9. Groundless restrictions to websites

April, 16

Internet-newspaper «Minber” (Almaty)

On April 16, 2011 website of Internet-newspaper«Minber” (“Tribune”) www. has been inaccessible. Administrator of the resource has asked provider of website to explain the reasons. System of Idhost under JSC «Kazakhtelecom” provided the information for the staff of Internet-newspaper. Hosting time of the website has been finished. It was necessary to pay for it. Internet-newspaper«Minber” (“Tribune”) among other ones has been in list of websites, which would be supported by state in 2010. A free of charge hosting was promised within a year (it meant December 31, 2011).

On April 21, 2011 functioning of the resource has been continued after numerous telephone calls to Idhost of JSC «Kazakhtelecom” .

April, 26

KazNET

Users and owners of corporative websites, which were registered in domain zone “KZ” have been inaccessible during half an hour at about 16.00 p. m. on April 26, 2011.

President of Kazakhstan's Internet-Association Shavkat Sabirov has said to correspondent of the newspaper “Vremya” that it was done from actions of Kazakhstan's Center Network Information. “KazNIC» has been the sole technical executor, which supported the whole domain zone. It should made everything for normal functioning.

April, 25

Askhat Erkimbay, blogger (www. urimtal. ), freelancer (Almaty)

On April 25, 2011 the blog of young journalist Askhat Erkimbay www. urimtal. has been blocked. It has not been correspond to demands of blog-platform ». He did not exclude that it was done intentionally. Askhat Erkimbay has been as freelance journalist, who was published in opposition editions; he has been also administrator of some Internet-websites, member of jury of Internet-award , trainer of seminars, related to the development of blogosphere. More 300 blog-pages on state language have been in KazNET thanks to him.

On April 27, 2011 administration of platform apologized before Erkimbay. His blog-page could continue its functioning.

11. Violations of publicity principle of trial

April, 29

Mass Media of North Kazakhstan oblast

On April 29, 2011 servicemen of public foundation of support of regional media outlets (North Kazakhstan oblast) “Adil Arka” have sent a letter via email. It has been addressed to Chairman of Oblast Court Nurgazy Abdikanov. There was information on situation in North Kazakhstan Inter District Court of Criminal Cases on April 26, 2011. Relatives of accused persons and accused persons (they have been from village Novoishimka) prevented journalists to make a video record of trial. Bailiffs could not maintain order in court room; a judge should stop the passing of sentence. None has been removed from the court room.

In their letter-request servicemen of public foundation of support of regional media outlets (North Kazakhstan oblast) “Adil Arka” asked to take measures for securing of journalists' safety at trials.

There was no any response on statement of servicemen of public foundation of support of regional media outlets (North Kazakhstan oblast) “Adil Arka”.

Head of Foundation Zaure Zhumalieva has known that Chairman of Oblast Court Nurgazy Abdikanov sent a letter to the newspaper “Vremya”. He thought that there was untruth information on statement of servicemen of public foundation of support of regional media outlets (North Kazakhstan oblast) “Adil Arka”, which was sent on April 29, 2011.

After that, on May 04, 2011 servicemen of public foundation of support of regional media outlets (North Kazakhstan oblast) “Adil Arka” have sent their statement one more. There was no any response on their statement to mid May.

12. Violation of media economic rights

April, 28

«Diapason” (Aktobe)

Editorial staff of the newspaper«Diapason” (Aktobe) did not receive letters of readers, including registered ones with notification. Representatives of Aktobe Oblast Branch of JSC “KazPochta” have explained that the contract for rent of post office box was not signed. Earlier, it has been prolongated during fifteen years. Editorial staff has signed a contract and paid the rent of post office box for one year in advance. Then, post servicemen asked to provide a copy of warrant for correspondence reception in post-office. According to Civil Code of the Republic of Kazakhstan, warrant is provided for reception. This task for edition has been inadmissible. A copy of newspaper warrant has been in other place. It has not been led to anything.

Editorial staff of the newspaper«Diapason” (Aktobe) has thought that it was connected with publication of critical materials about post-office activity. They advised to their readers to sent letters via email, or take them and bring to the editorial office.

13. Violations of copyrights of journalists and mass media

April, 21

Sergei Mironov, «Kostanayskie Novosti” (Kostanay)

Photo reporter of the newspaper«Kostanayskie Novosti” (Kostanay) Sergei Mironov saw that box with sweets “Kostanay Teatralnyi” had his twenty photos. There was no any information on author of photos, or their real owner (it meant«Kostanayskie Novosti”).

Earlier, Mironov has brought a disk with photos to actress of Russian Theatre of Drama and Dolls (Kostanay oblast) Julia Kudryashova for personal usage. Then, Kudryashova has given photos to Assistant of Director of Theater Kanif Abgalimov; they have been used during design of box for candies. Photo reporter tried to proof Kanifa Abgalimov and Director of General Issues of Confectionery Plant “Bayan Sulu” Alexander Pylskiy that there was a violation of copyrights. Abgalimov has called these photos as “house archive” of actress and director of general issues noted that this usage of photos has been a great honor for photographer.

There was a publication of article “Violation of Rights” by Oleg Gurskiy in the newspaper«Kostanayskie Novosti” on April 21, 2011.

III. Conflicts violations incriminated to mass media and journalists

1. Charges with deliberate causation of light damage to heath

(Article 105 of Criminal Code of the Republic of Kazakhstan)

April, 15

Larissa Chen, «Golos Respubliki” (Karaganda oblast)

Investigative Officer of District Department of Internal Affairs (Shakhtinsk) E. Levchuk has called reporter of the newspaper "Golos Respubliki" Larissa Chen (Karaganda oblast) on April 15, 2011. Larissa Chen has known about the investigation, related to attack on security officer of akimat (administration)(Shakhtinsk) Maulen Arenov from investigative officer. He was charged her with infliction on bodily harm.

In June, 2010 correspondent of newspaper "Golos Respubliki" Larissa Chen has made a review in Shakhtinsk of Karaganda oblast. It was dedicated to pressure of local akimat (administration) upon leader of public association "Shakhreskaya Semyia" Nataliya Tomilova. Larissa Chen has made an attempt to receive comments in local akimat (administration). But, security officer of akimat (administration) Maulen Arenov has obstracted her. Then, she asked him to connect her with akim (governor) assistants and city akim (governor). Maulen Arenov has refused to do it. He has referred to the internal rules. She has made a video record of their conversation with the help of video camera in her mobile phone. Maulen Arenov has seen it. Suddenly, he has attacked journalist and tried to take her mobile phone. He has beaten her against wall several times. Larissa has returned to the office of public association "Shakhreskaya Semyia" in a state of shock. She has fallen down. A first medical aid was given to her. Journalist has filed a complaint with police of Shakhtinsk to institute criminal proceedings against security officer. Larissa Chen has received official notice of department of internal affairs of Karaganda oblast, related to dismissal of criminal case opening for corpus delicti in actions of security officer on August 24, 2010.

Larissa Chen has found out that Maulen Arenov filed a complaint with district department of internal affairs (Shakhtinsk) related to opening of criminal case against journalist. There was an investigative process, according his complaint from June 16, 2010. But, L. Chen did not know about it. Materials of the case were submitted to general prosecutor's office of Shakhtinsk. There was an non-compliance with the evidence of journalist and results of medicolegal investigation, which were provided by M. Arenov and remitted a case for further inquiry.

Larissa Chen has seen some discrepancies in materials of the case. She has said about it to Investigative Officer of District Department of Internal Affairs E. Levchuk. She has said about the possibility of opening of criminal case against Larissa, according to complaint of M. Arenov.

April, 21

Larissa Chen, «Golos Respubliki” (Karaganda oblast)

Head of Press Service of Department of Internal Affairs(Karaganda oblast) Zhanatay Sembekov has said to correspondent of radio “Azattyk” (“Freedom”) that prosecutor's office of Shakhtinsk has dismissed a suit of security officer of akimat (administration) (Shakhtinsk) M. Arenov. It was connected with opening of criminal case against correspondent of the newspaper«Golos Respubliki” (Karaganda oblast)Larissa Chen in connection with humanization of criminal law.

Zhanatay Sembekov has said the criminal case was not opened under causation of slight harm to health, but a person could not address to court in private order for consideration of private claim.

However, Larissa Chen has said that she did not receive any document of dismissal of criminal prosecution.

April, 21

Larissa Chen, «Golos Respubliki” (Karaganda oblast)

On April 21, 2011 editorial staff of the newspaper«Golos Respubliki” (Karaganda oblast) has conducted a press conference, related to opening of criminal case against correspondent of the edition Larissa Chen. Maulen Arenov has filed a complaint with district department of internal affairs (Shakhtinsk). He has charged her with infliction of a bodily injury harm.

There was a dissemination of release at press conference. It has been addressed to Public Prosecutor Askhat Daulbayev and Minister of Internal Affairs Kalmukhanbet Kasymov. Editorial staff of the newspaper«Golos Respubliki” (Karaganda oblast) has said about their version, related to the pressure upon them with the help of policeman. They asked Askhat Daulbayev and Kalmukhanbet Kasymov to solve a problem.

2. Demands on protection of honor, dignity and business reputation from publication of definite data

April, 15

Nataliya Valuyskaya, «Kazakhstanskaya Pravda” (Almaty)

On April 15, 2011Bostandyk District Court of Almaty has made a ruling by suit of Meezgul Abdikazhimova about protection of honor, dignity and recovery of KZT (1USD=145.3) to the newspaper "Kazakhstanskaya Pravda" and journalist Nataliya Valuiskaya. It has dismissed the suit of defendant. Judge L. Lyaer has explained that the information, summarized in publication, was taken from official press-release. There was a truth information during its distribution.

The charges stemmed from article "She has failed from her slander" by N. Valuiskaya, which was published in the newspaper "Kazakhstanskaya Pravda" on September 30, 2010. It was done by press-release of Department of Financial Police of Almaty and materials of press conference. It was conducted by Deputy for Head of Department for Economic and Corruption-Related Crime Control of Almaty A. K. Mukhamadiev.

Meezgul Abdikazhimova has been in investigative isolation ward. She was charged with official bribery. This article has discredited the dignity. Meezgul Abdikazhimova has demanded the recovery of moral damage, to refute the headline and phrases such as, "aventurous madam" and "swindler". The court has recognized these phrases as estimated ones. There was no any responsibility for publication of estimated opinions and views, according to acting law of the Republic of Kazakhstan.

Head of Legal Service of Foundation "Adil Soz" Ganna Krasilnikova has given the legal advice to defendant.

April, 29

«Kazakhstanskaya Pravda” (Almaty)

Meezgul Abdikazhimova (she has been in isolation ward) has addressed to City Court of Almaty with the petition. It was connected with judgment of Bostandyk City Court by suit about protection of honor, dignity and recovery of KZT (1USD=145.33) as moral damage to the newspaper«Kazakhstanskaya Pravda” and journalist Nataliya Valuyskaya.

In her suit plaintiff has confirmed her demands. But, she excluded from plaintiff N. Valuyskaya.

April, 12

PA “Kazakhstan Today” (Almaty)

On April 12, 2011 Medeu District Court of Almaty has made a decision by suit of Director of National Coalition "Kazakhstan Smoke Free" Jamilya Sadykova, Public Foundation "Temekisiz" ("Smoke free") and Public Foundation "Center of Support and Promotion of Public Health Service" have brought a suit against news agency "Kazakhstan Today", editor-in-chief of the agency Timur Kuvatov and public association "Union of Sport Journalists".

The charges stemmed from article "Kazakhstan's journalists casted doubt on specific waste more KZT (USD2583054), which were contributed for anti-tabacoo campaign", which was placed on the website "Kazakhstan Today" (www. ) on November 18, 2010.They have also asked the recovery of KZT2000000 (USD13605) from editor-in-chief, KZT3000000 (USD20408) from news agency and KZT5000000 (USD34013) from public association"Union of Sport Journalists" as moral damage.

The suit was satisfied partially. The court has recognized that there was a publication of untruth information in third and tenth lines of the text; insisted on publication of disclaimer, related to news of press agency "Kazakhstan Today" within ten days after the entry of ruling into legal force. PA “Union of Sport Journalists” should recover KZT200000 (USD1360) Jamilya Sadykova and two founds as moral damage.

Defendants have disagreed with judgment. They intended to appeal a decision in superior body.

April, 14

«Temirtauskiy Rabochiy” (Temirtau)

Board of Civil Cases (Karaganda Oblast Court) has satisfied a cassational claim of Chairman of PA “Temirtau City Voluntary Society of Disabled Persons” Maxim Ivaschenko partially. It was connected with judgment of City Court (Temirtau) by suit about protection of business reputation to the newspaper«Temirtauskiy Rabochiy”. Editorial staff of the newspaper should recover KZT30000 (1USD=145.33) as moral damage to public association, according to judgment of oblast court.

The charges stemmed from article “We need the air” by Irene Tkachenko, which was published in the newspaper on August 04, 2010. In her article journalist has told about conflict situation between two members of city voluntary society of disabled persons. After publication of article representatives of above mentioned society filed a suit to City Court of Temirtau. It has been a suit about protection of honor, dignity and business reputation. They should recover KZT3000000 (1USD=145.33) as moral damage. On November 19, 2010 City Court of Temirtau has dismissed a suit of City Voluntary Society of Disabled Persons.

April, 12

Sergei Vasiliev, «Flash» (Ust-Kamenogorsk)

Andrei Kratenko, «Express K” (Ust-Kamenogorsk)

Julia Chernyavskaya, «Megapolis” (Ust-Kamenogorsk)

Coal mining company LLP “Karazhyra Ltd” has addressed to City Court of Ust-Kamenogorsk with suit about protection of business reputation of legal entity to the newspaper “Flash” and journalists Sergei Vasilyiev. The charges stemmed from article “Our coal is bad, but we shall not take the best one in Kuzbass” by Sergei Vasilyiev, which was published on February 03, 2011.

Journalist has told about the quality of coal, which was mined on coal stripe mine of Karazhyra and Maykuba. This article was made by results of briefing and witnesses of inhabitants of oblast, who used the coal. This briefing was conducted by Assistant of Oblast Akim (Governor) Serik Taukebayev.

Servicemen of coal mining company LLP “Karazhyra Ltd” have thought that there was a publication of untruth information, which discredited the business reputation of legal entity. Defendants should publish a disclaimer and recover KZT (1USD=145.00) as moral damage.

Reporter Andrei Kratenko and editorial staff of the newspaper “Express K” has received the same suit. The charges stemmed from article “Stand in coal” by Andrei Kratenko, which was published in the newspaper “Express K” on January 14, 2011. Journalist has old about dangerous situation with the usage of coal, which was mined on coal stripe mine of Karazhyra He has referred to materials, which were placed on the website of Institute of Radiation Security under National Nuclear Center of the Republic of Kazakhstan. Servicemen of coal mining company LLP “Karazhyra Ltd” has demanded to publish a disclaimer and recover KZT (1USD=145.00).

Earlier, servicemen of coal mining company LLP “Karazhyra Ltd” have filed a suit (KZT) to the newspaper “Megapolis” and journalist Julia Chernyavskya. The charges stemmed from article “Radiation in furnace” by Chernyavskya, which was published in the newspaper “Megapolis” on December 27, 2010. There was a first trial by this suit on April 06, 2011. Judge of City Court of Ust-Kamenogorsk Tolendi Kasimov failed to satisfy the appeal of defendants. Plaintiff did not pass the procedure of pre-trial settlement of conflict. But, judge has said that the norm of pre-trial settlement has not been obligatory.

The trial by three suits will be held on April 26, 2011.

April, 26

Julia Chernyavskaya, «Megapolis” (Ust-Kamenogorsk)

Sergei Vasiliev, «Flash” (Ust-Kamenogorsk)

An amicable agreement was signed on legal proceeding in Ust-Kamenogorsk City Court by suit about protection of business reputation of legal entity and recovery of KZT (1USD=145.50) of coal mining company LLP “Karazhyra” to the newspaper “Megapolis” and journalist Julia Chernyavskaya on April 26, 2011. Editorial staff of the newspaper should publish information on industry of coal mining company and come to agreement with LLP “Karazhyra”; it should be published on the same page, the same volume as article“Radiation in furnace” (it has been a reason for trial).

There was a legal proceeding by the same suit to the newspaper “Flash» and journalist Sergei Vasiliev. Court has satisfied petition of the edition without examination of suit of coal mining company with failure to pass the procedure of pre-trial settlement of conflict. The staff of LLP“Karazhyra” has sent a letter. They asked to publish a disclaimer of information, distributed in article of S. Vasiliev “Our coal is bad, but we shall not take the best one in Kuzbass”. Editorial staff has intended to provide the response on pretension, in accordance with the monthly term established by law.

April, 07

Talgat Aydarkhanov, «Kvartal Petropavlovsk” (Petropavlovsk)

There was the first legal proceeding by suit of Chairman of Board of JSC “SevKazEnergo” Igor Tatarov to editor-in-chief of the newspaper “Kvartal Petropavlovsk” Talgat Aydarkhanov and Chairman of Association of Protection of Consumers (Nort Kazakhstan oblast) Yuri Kozlovskiy in court 7 апреля в суде № 2 (Petropavlovsk) on April 07, 2011.

The charges stemmed from article “Hello from the past”, published on January 20, 2011. There was information on trial, related to reimbursement of funds, which were recovered from inhabitants of the micro district “Zarechyi” (Petropavlovsk) from LLP“SevKazEnergo Petropavlovsk” (Chairman of Board of JSC “SevKazEnergo”). They have used “Instructions”, which were signed by Vladimir Nikandrov during the calculation of energy tariffs, according to claim in court. Y. Kozlovskiy has made a letter-request. Servicemen of akimat (administration) have informed about non-registration of those document.

On February 07, 2011 servicemen of JSC “SevKazEnergo” have brought a suit to court. They asked to publish a disclaimer of summarized information in publication and recover KZT500000 (1USD=145.50) as moral damage jointly and KZT100000 (1USD=145.50) for lawyer services and expenses for state duty.

April, 11

Indira Botasheva, «Znamya Truda” (Taraz)

There was a legal proceeding by suit of Former Director of State Communal Public Enterprise "Professional Lyceum № 16" Buten Umbetaliev to the newspaper "Znamya Truda" and journalist Indira Botasheva in city court of Taraz. The charges stemmed from article "The kind of director lives" by Indira Botasheva, which was published in the newspaper "Znamya Truda" on February 24, 2011. This article has been about the activity of Buten Umbetaliev as a director of lyceum.

B. Umbetaliev has been disagreed with publication of I. Botasheva. He requested to make an apology before him on pages of the newspaper and recovery of KZT (USD68027) as moral damage.

Officers of General Prosecutor's Office of Zhambyl oblast acknowledged facts of violations of former director, which have been mentioned in article. They sent a letter to editor-in-chief of the newspaper "Znamya Truda" Igor Nevolin.

Defendants have addressed to court with motion for a dismissal of suit in connection with failure to comply with procedure of pre-trial settlement of dispute.

3. Demands and suits of mass media and journalists on protection of their civil and professional rights

3.1. Actions for protection of honor, dignity and business reputation

April, 27

Kasym Amanzholov, former serviceman of television company “Kazakhstan” (Almaty)

Bolat Mursalimov, TV Company «31 Channel” (Almaty)

Rakhat Mamyrbekov, TV Company “Almaty” (Almaty)

Saule Abedinova, journalist (Almaty)

There was a broadcasting of television program “Akikat” (“Truth”) on television channel “Khabar” on illegal actions of suffists in Kazakhstan in the mid of April.

Journalists Kasym Amanzholov, Bolat Mursalimov, Rakhat Mamyrbekov and Saule Abedinova (they have been mentioned in television program)have met with General Producer of Direction of Television Programs of Television Channel “Khabar” Serik Abas-shakh and Chairman of Board, Member of Board of Directors of JSC “Khabar Agency” Gulnar Iskanova. They asked them to make a refutation, otherwise journalists promised to address to court. Kasym Amanzholov, Bolat Mursalimov, Rakhat Mamyrbekov and Saule Abedinova have thought that information on ideology of suffists, discredited their reputation.

3.2. Demands on admittance of police actions as illegal ones

April, 26

Sergei Zelepukhin, «Golos Respubliki” (Almaty)

On April 26, 2011 Almaty City Court has affirmed court decision of Almaly District Court № 2 (Almaty) by suit of financial editor of the newspaper«Golos Respubliki” Sergei Zelepukhin to city department of internal affairs.

Earlier, S. Zelepukhin and a distributor of the newspaper were sent to police office till morning. It had happened during seizure of partial edition in the night 13th /14th January. However, they should write explanatory notes and come to police office upon a first request of investigative officer. Lawyer of the edition Sergei Utkin has said that it was illegally, because S. Zelepukhin and a distributor of the newspaper did not commit any crime.

Journalist has addressed to District Court of Almaty. Policemen of department of internal affairs have acted illegally. S. Zelepukhin has asked to liquidate violation of his rights, related to liquidation of his files with fingerprints and photos; record of the interrogation and his compulsory appearance.

On March 02, 2011 District Court has dismissed a suit of S. Zelepukhin.

3.3. Demands of mass media on providing of information

April, 26

«Ayna” (Karabalykskiy district, Kostanay oblast)

Editorial staff of the newspaper«Ayna” (Karabalykskiy district, Kostanay oblast) addressed to Specialized Inter District Economic Court (Kostanay) with suit to state department “Office of State Epidemiological Control(Karabalykskiy district, Kostanay oblast)”. They asked Head of Office of State Epidemiological Control E. Dauletbayev to provide the information.

Journalists of the edition have made a letter-request, related to concrete results of the control of local trade points, conducted by specialists of office at the end of 2010. They were interested in titles of trade points and surnames of violators. E. Dauletbayev refused to provide the information on it. He has thought that it would influence on business reputation of entrepreneurs and damage business.

On April 26, 2011 court has dismissed a suit of the editorial staff of newspaper«Ayna”. Plaintiff has missed the prescription (first of all, editorial staff has addressed to district court, but time was failed); a letter-request was not registered by state body. In court defendant has denied everything, that a letter-request had no any content.

The editorial staff of newspaper«Ayna” has said about its intention to send a letter-request to Office of State Epidemiological Control(Karabalykskiy district, Kostanay oblast).The response on letter-request had not been provided, according to law “On Mass Media” they would address to court one more.

3.4. Petition on stay of action

April, 27

«Golos Respubliki” (Almaty)

On April 27, 2011 Inter District Specialized Administrative Court of Almaty has satisfied an application of the newspaper "Golos Respubliki" on suspension of case, related to payment for tax bodies.

Legal proceeding would be revived after the conclusion of tax committee of ministry of finances on legality, or illegality of the fine charge.

Earlier, at the end of October, 2010 representative officers of district tax inspections of Almaty handed in acts of complex tax inspections to owners and editors of opposition newspapers "Vzglyad", "Azat", "Alga", "Golos Respubliki" and "Moya Respublika" for total sum KZT100000USD=145.8).

As editor and owner of the newspaper "Golos Respubliki" said that representative officers calculated the income of the editorial staff for the whole period of activity leaving out of account of expenses for salary, printing of newspaper, rent of office and e. g. Editorial staff has appealed tax act and order of tax commitee.

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

Coordinator of monitoring service of foundation “Adil Soz”

Elena Tsoy

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Legal Adviser of foundation “Adil Soz”

Ganna Krasilnikova

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