Violations of freedom of speech in Kazakhstan August 2024

The International Foundation for Protection of Freedom of Speech «Adil Soz» presents an overview of events reflecting the situation in Kazakhstan with freedom of expression, receipt, and dissemination of information in August 2024.

In August 2024, the following incidents were recorded:

7 reports of violations of the rights of journalists, media outlets, and newsmakers, including:

•    3 cases of threats against media outlets, journalists, and newsmakers;
•    2 misuses of the image of media outlets, journalists, bloggers, and newsmakers;
•    1 case of insulting a journalist or blogger;
•    1 case of discrediting media outlets, journalists, and newsmakers.

30    reports related to the right to freely receive and disseminate information, including:

•    13 cases of refusals or restrictions on the provision of socially significant information;
•    2 instance of resource/account blocking;
•    3 instances of closure or suspension of media outlets;
•    10 unauthorized access to computer information, DDoS attacks.
And others

5 reports of pretrial and court claims and lawsuits against journalists, media outlets, and citizens (data on pretrial and judicial proceedings do not include reports related to ongoing cases). These include:
•    4 civil claims against media outlets;
•    1 defamation charge brought against a public figure in an administrative capacity.

Events in the country

August 1. On August 1, a public discussion was held in Astana regarding the petition “We oppose open and hidden LGBT propaganda in Kazakhstan!” The petition, published on May 29 on the official website epetition.kz, gathered 50,000 signatures within two weeks and sparked widespread public resonance, as it was perceived as a violation of human rights and freedom of speech.

During the discussion, the call to ban LGBT propaganda among children and adolescents received support from the Committee for the Protection of Children's Rights of the Ministry of Education, the Ministry of Internal Affairs, the Department of Organization of Medical Assistance of the Ministry of Health, as well as sociologists and national demographic experts. However, some participants opposed the restrictions, suggesting instead to increase the level of gender literacy among youth.

Following the discussion, the Ministry of Culture and Information decided to partially satisfy the petition - in terms of protecting children and adolescents from propaganda and cultivation of sexual relations, considering the need to impose restrictions on the distribution of sexualised content for children's audiences.

August 9. On August 9, the VI Consultative Meeting of the Heads of State of Central Asia took place in Astana, chaired by President Kassym-Jomart Tokayev. The presidents of Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan participated in the meeting.

President Tokayev noted that the outcomes of these meetings had strengthened regional cooperation. Key documents aimed at further development were approved, including a Roadmap for Cooperation Development until 2027 and a Cooperation Development Concept titled "Central Asia – 2040".

The main tasks outlined at the meeting included:
- Strengthening political dialogue and trust to maintain peace
- Increasing trade turnover to $15 billion
- Developing the region's transport infrastructure
- Rational use of water and energy resources
- Expanding cooperation in education, science, culture, and information
One of the proposals was to create a common regional television channel or a news internet portal for Central Asia.

August 25. On August 25, Kazakhstan’s Minister of Digital Development, Innovation, and Aerospace Industry, Zhaslan Madiyev, expressed support for Telegram co-founder Pavel Durov and his team following Durov's recent detention in France. Madiyev stated that the incident raises concerns and expressed hope for a swift resolution. In his Facebook post, Madiyev emphasized that Kazakhstan's Ministry of Digital Development has repeatedly collaborated successfully with the Telegram team on security-related issues, including data leaks and combating illegal activities. The minister also highlighted the importance of the messenger for Kazakhstani citizens, noting that out of 950 million Telegram users worldwide, over 8 million are residents of Kazakhstan. Madiyev mentioned Durov's charitable work and his contributions to supporting rural children.

Pavel Durov was detained on August 24 at Paris-Le Bourget Airport. French media report that Durov is suspected of involvement in drug trafficking and other crimes related to Telegram's activities.

August 27. On August 27, Kazakhstan's Minister of Energy, Almasadam Satkaliyev, announced the preparation of a statement to law enforcement against those opposing the construction of a nuclear power plant (NPP) in the country. According to him, such actions could destabilize public opinion. It was not clarified whether this statement would be directed at specific individuals—journalists or activists involved in public hearings.

"We see that this concerns various actions aimed at destabilization as a whole and creating some imbalance in public opinion", Satkaliyev stated to reporters.

The press service of the Ministry of Energy later issued a statement denying claims that the ministry was preparing a statement to law enforcement against opponents of the NPP construction.

Legislation

August 19. On August 19, the Ministry of Foreign Affairs of the Republic of Kazakhstan published a draft order on the portal "Otkrytye NPA" regarding amendments to the rules for the accreditation of foreign media and their journalists. This draft has been developed in accordance with the new Law "On Mass Media" and outlines the procedures for accreditation and denial thereof.

The ministry proposes the possibility of extending the period for considering accreditation documents to two months if additional circumstances need to be established. In this case, the media will be notified within three working days.

The draft also lists circumstances under which accreditation may be denied, one of which is "3) violations by foreign media of the legislation of the Republic of Kazakhstan". Among the new provisions proposed by the Ministry of Foreign Affairs to be included in the rules is the establishment of an accreditation period for foreign media of three years, after which accreditation is proposed to be annulled. It also specifies grounds for revoking the accreditation of a representation (such as a court decision that has entered into force, repeated violations of the legislation of Kazakhstan, etc.).

Standard Rules for Journalist (Media Representatives) Accreditation 

As of August 20, new accreditation rules for journalists, approved by the order of the Minister of Culture and Information Aida Balayeva, came into effect in Kazakhstan. Despite numerous protests from media representatives, key contentious points in the new regulations remain unchanged.
One of the main changes is the requirement for journalists to publish materials only in the media outlets from which the accreditation application was submitted. This new provision could significantly complicate the work of reporters collaborating with multiple publications.

Additionally, the list of grounds for revoking accreditation has been expanded. Journalists may now lose their accreditation for repeated violations of the conditions outlined in point 11. These conditions include the obligation to disseminate information received from the accrediting state bodies exclusively through the media that submitted the application, adherence to the regulations of events organized by the accrediting organizations, and compliance with access control measures at especially important state and strategic facilities.
   
 

Criminal Case of Journalist Daniyar Adilbekov

Daniyar Adilbekov was detained on March 27, 2024, in Astana and was arrested for two months on suspicion of making a knowingly false denunciation. His arrest has been extended multiple times, and the court has rejected his lawyers' petitions to change the preventive measure.
The case was initiated following publications in the Telegram channel "Dikaya Orda". Journalist Gulzhan Yergaliyeva and the Arab representative of the Astana airport, Alzhavder Yusuf Rashed M., filed statements with the police. Based on their statements, the case was classified under the article concerning the dissemination of knowingly false information (the maximum penalty under this article is three years of imprisonment).
According to Vice Minister of Energy Yerlan Akkenzhanov, Adilbekov is also charged under the article for "False Denunciation" (with a maximum sentence of eight years in prison).

On July 22, the criminal case was accepted for processing by the Interdistrict Court for Criminal Cases in Astana. The hearing began on August 12.

Adilbekov's lawyers claim that the investigation was conducted improperly, including the failure to interrogate witnesses and the absence of key documents.

Daniyar Adilbekov denies any wrongdoing in disseminating inaccurate information while knowingly being aware of it. He apologized to Gulzhan Yergaliyeva, stating that he had no evidence that she received compensation for whitewashing the reputation of former Minister of National Economy Kuandyk Bishimbayev, who is accused of brutally murdering his wife. However, he learned that bloggers were being paid to whitewash reputations from Bishimbayev himself and stated that he was also offered to participate in the campaign.

Gulzhan Yergaliyeva proposed a settlement on the condition that Adilbekov publicly admits to defamation and compensates for legal expenses. A representative of another victim also expressed a desire to reach a settlement.

Daniyar Adilbekov did not plead guilty to the charge of false denunciation against Minister of Energy Yerlan Akkenzhanov, who denied the allegations contained in Adilbekov's posts. Akkenzhanov is not insisting on imprisonment for the accused.

On August 28, Daniyar's lawyer, Adilzhan Mautkanov, announced the need to initiate a new criminal case. This was prompted by materials from covert investigative actions, including transcripts of conversations in the temporary detention facility, where in one conversation, Daniyar's brother, Adil Adilbekov, mentioned that a monetary reward was allegedly being demanded for the journalist's release. Lawyer Mautkanov emphasized the necessity to investigate who attempted to illegally obtain money in exchange for the journalist's release.

Also in August:

Prosecutor's Office Refuses to Initiate a Case Regarding the Incident Involving Journalist Sandugash Duysenova

The Prosecutor's Office of the Kerbulak District in the Jetisu Region did not find sufficient grounds to initiate a pre-trial investigation regarding the obstruction of the lawful professional activities of a journalist. This was the response received by Sandugash Duysenova, a correspondent for the online publication Orda.kz, to her complaint filed with the Prosecutor's Office of the Karaganda Region.

The incident occurred on June 21, 2024, in the village of Bassy, where the office of the "Altyn Emel" National Park is located. Duysenova arrived at the park after receiving complaints from employees who accused the park's director of violations. When the journalist attempted to re-enter the administrative building after speaking with inspectors from the Ministry of Ecology and the Forestry Committee, park staff blocked her way and prevented her from accessing the building for more than three hours. The police, called by Duysenova, took no action and left her complaint unaddressed.

On June 24, Duysenova appealed to the Prosecutor's Office of the Jetisu Region, demanding accountability for the national park staff and the police. The Prosecutor's Office forwarded the case to the Kerbulak District, which declined to initiate an investigation. In the prosecutor's response, it was noted that the journalist could resubmit her complaint to the police with new evidence.

The monitoring was prepared according to reports to correspondents of the «Adil Soz» Foundation 
Head of the Monitoring Service of the «Adil Soz» Foundation - Elena Tsoy
Email: lena@adilsoz.kz
For all monitoring-related inquiries, you can also contact: info@adilsoz.kz