Violations of freedom of speech in Kazakhstan June 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 June 2024.
In June 2024, the following incidents were recorded:
15 reports of violations of the rights of journalists, media outlets, and newsmakers, including:
• 2 cases of obstruction of lawful journalistic activities;
• 3 cases of threats against media outlets, journalists, and newsmakers;
• 3 cases of defamation of journalists, media outlets, or newsmakers;
• 7 instances of unauthorized use of the image of media outlets, journalists, bloggers, or newsmakers;
• 1 summons to law enforcement, supervisory, or regulatory authorities.
16 reports related to the right to freely receive and disseminate information, including:
• 11 cases of refusals or restrictions on the provision of socially significant information;
• 1 case of media discrimination;
• 1 instance of resource/account blocking;
• 2 instances of closure or suspension of media outlets;
• 1 case of persecution for the dissemination of information.
13 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:
• 10 civil claims against media outlets;
• 3 administrative charges.
EVENTS IN JUNE 2024
June 27. President of Kazakhstan Kassym-Jomart Tokayev, at a ceremony honoring media workers, emphasized the importance of journalism for society and the role of the media in implementing state policy and maintaining social stability. Tokayev stated that the political culture in the country has improved due to the reforms, leading to a broad pluralism of opinions and strengthening freedom of speech.
According to the President, hundreds of independent media outlets and media resources operate freely in Kazakhstan, covering events in the country and criticizing government actions. However, he also warned about the risk of excessive negativity in the media, which, in his view, does not help people but rather plunges them into depression and fosters apathy in society.
June 09. Consideration of the petition "We are against open and covert LGBT propaganda in Kazakhstan!".
On May 29, the petition "We are against open and covert LGBT propaganda in Kazakhstan!", initiated by Bagila Baltabaeva, founder of the "Kazakhstan Parents' Union", appeared on the epetition.kz website. Within two weeks, it garnered 50,000 signatures, necessitating consideration at the government level. The Ministry of Culture and Information announced that the review process would take up to 40 working days.
Activist Aziyat Agishev, who heads a foundation supporting the LGBTIQ+ community in Kazakhstan, believes the petition violates Kazakhstan's law, which prohibits petitions that could lead to violations of human and civil rights and freedoms.
Human rights lawyer and international law consultant Tatyana Chernobyl and director of the Kazakhstan Bureau for Human Rights Yevgeny Zhovtis add that the petition violates Kazakhstan's international human rights obligations, particularly those concerning freedom of speech and protection from discrimination.
The Ministry of Culture and Information, however, considers that the petition does not violate human rights and freedoms and does not call for any discrimination: the petition's authors only "urge to restrict children's and adolescents' access to information promoting non-traditional family values".
The ministry is forming a working group to review the petition, which will include representatives of interested state bodies, deputies, and public organizations.
Legislative Changes
June 19. President Kassym-Jomart Tokayev signed the Law of the Republic of Kazakhstan "On Mass Media" and accompanying laws amending the Code of Administrative Offenses. The Law "On Mass Media" includes the main provisions of the laws "On Mass Media" and "On Television and Radio Broadcasting," which are repealed.
Among the new provisions of the Law: the introduction of the concept of "special status of a journalist," which provides for the protection of journalists' rights and freedoms; expanded rights in the search, request, receipt, and dissemination of information, as well as other special rights established by the Law; establishment of a one-year statute of limitations for defamation claims against the media; and reduction of the time for responding to media inquiries.
Previously, after the Senate of Parliament approved the "On Mass Media" bill, Adil Soz Foundation welcomed the positive innovations for the media but noted that some provisions, opposed by journalists and human rights defenders, were still included in the law. These include monitoring the media for violations of universal human, cultural, national, and family values, and the obligation for journalists to comply with the so-called internal object regime at strategic sites, which include almost all government bodies and enterprises.
June 24. The Minister of Culture and Information of Kazakhstan approved the Rules for restricting access to internet resources, foreign online platforms, and instant messaging services by order of the authorized body in the field of mass media on June 24, 2024. Key provisions include:
• Monitoring violations of the law on instant messaging services based on user complaints if the violations are repeated.
• Upon identifying violations, the authorized body must send a notice to the administration of the foreign online platform and/or instant messaging service to remove the prohibited information within three business days.
• If a violation is identified by a foreign online platform with an average daily access of over 100,000 users per month, the authorized body must send a notice within three business days requiring the appointment of a legal representative to interact with the authority and comply with legal requirements.
• If the requirements are not met, a notice of partial restriction of access to the platform in Kazakhstan is issued, starting at 10% of the maximum statistical value after eight months and up to 90% after one and a half years.
The State Technical Service, based on the authorized body's order, takes measures to restrict the activities of the foreign online platform in Kazakhstan under these Rules.
The order comes into effect ten days after its official publication (published on June 27, 2024).
Attempted Assassination of Aidos Sadykov (Kyiv)
June 18. On the morning of June 18, an attempt was made on the life of Kazakhstan citizen Aidos Sadykov, head of the YouTube channel "Base" in Kyiv. An unidentified man shot at Sadykov as he was entering the courtyard of his home. His wife, journalist Natalia Sadykova, who was in the passenger seat at the time of the attack, reported this on her Facebook page. Investigators from the Kyiv National Police have launched a pretrial investigation into the attempted premeditated murder of Aidos Sadykov, who has lived in Ukraine with his family since 2014. The couple has refugee status.
Kassym-Jomart Tokayev, commenting on the assassination attempt, expressed Kazakhstan's willingness to assist in the investigation.
June 21. The Ukrainian Prosecutor General's Office reported that two Kazakhstan citizens had been charged with attempted premeditated murder committed by order and with prior conspiracy. According to the Office, the suspects left Ukraine on June 18, crossing the Ukraine-Moldova border, and are currently on the international wanted list.
June 22. The Prosecutor General's Office of Kazakhstan announced that it had registered a criminal case regarding the attempted murder of Aidos Sadykov. An international investigation request has been sent to the competent authorities of Ukraine for the provision of the criminal case materials regarding the involvement of Kazakhstanis Zhakhanbayev and Karatayev in the crime.
The Prosecutor General's Office of Kazakhstan reported that on June 21, Zhakhanbayev A.M. voluntarily approached the internal affairs bodies of Kazakhstan, where he was questioned about the case. He was detained on suspicion of committing the crime on the same day. Operational search measures are being conducted to locate Karatayev M.
For reference: Aidos and Natalia Sadykov left Kazakhstan urgently in 2014 after learning of a planned arrest warrant for Natalia in connection with a criminal defamation case. A criminal case was also initiated against Aidos Sadykov in Kazakhstan under the article "Hooliganism". Sadykov claimed the case was politically motivated. While in Kyiv, they founded the YouTube channel "Base".
Since October 23, 2023, Aidos and Natalia Sadykov have been wanted by the Kazakhstan police under Article 174 of the Penal Code of Kazakhstan ("Inciting social, national, tribal, class, or religious hatred").
Charges Against Journalist and Blogger Daniyar Adilbekov for knowingly false denunciation and
dissemination of knowingly False Information
June 10. The pretrial investigation into journalist Daniyar Adilbekov, suspected of making a false accusation and disseminating false information, has been completed. Once the parties have reviewed the materials, the 9 volumes of the case will be sent to court.
The investigation was initiated in connection with publications on the Telegram channel "Dikaya Orda". Journalist Gulzhan Yergalieva and Arab representative of Astana Airport, Alzhawder Yousuf Rashed M., filed complaints with the police, leading to charges under Article 274, Part 2, Clause 3 of the Criminal Code of Kazakhstan - Dissemination of knowingly false information (the maximum penalty under this article is three years of imprisonment).
At the request of Deputy Minister of Energy Yerlan Akkenzhenov, Adilbekov is also charged under Article 419, Part 3 - "False denunciation" (the maximum sentence is eight years of imprisonment). On June 14, the Astana Investigative Court extended Daniyar Adilbekov's detention until July 27, 2024.
Court Case on the Protection of Honor, Dignity, and Business Reputation Against the Newspaper "Vremya"
June 12. The Bostandyk District Court of Almaty began consideration of a claim for the protection of honor, dignity, and business reputation against the newspaper "Vremya." The civil lawsuit was filed by the General Director of the international airport "Astana" in the name of the Arab representative, Alzhawder Yousuf Rashed M., who demands 100 million tenge in compensation for non-pecuniary damage. In his lawsuit, the plaintiff claims that the newspaper spread defamatory information that caused him "significant moral suffering".
Court Case for the Protection of Honor, Dignity, and Business Reputation Against the Newspaper "Vremya" and Journalist Galina Vybornova
June 1. The Taraz City Court held hearings on the lawsuit filed by Viktoria Kolchenkova, the head of the "Dobryye serdtsa Taraza", against the newspaper "Vremya", journalist Galina Vybornova, local resident Elena Kan, and notary Beine Dzholtayeva. The case pertains to an eight-year-old article by Vybornova, titled "When Hearts Are Not As Kind As They Seem" ("Vremya," December 21, 2016), which described the story of Elena Kan, a mother whose daughter suffers from a rare disease. The article detailed how Kan sought help from " Dobryye serdtsa Taraza". The woman claimed that the charity exploited her family's tragedy for its own benefit.
The lawsuit centers on allegations that Kolchenkova borrowed 100,000 tenge from Kan and failed to repay it, and also asked Kan to take out a loan for her deputy.
In July 2023, notary Beine Dzholtayeva posted on Instagram, using materials from the article, which Kolchenkova claims contributed to the further spread of false and defamatory information.
Kolchenkova demands that the court declare the information in the article and the Instagram post false and defamatory, require Vybornova to publish a retraction in the "Vremya" newspaper, and Dzholtayeva to post a retraction on her Instagram page, as well as to award compensation for moral damages.
Vybornova contests the lawsuit, asserting that most of the disputed statements are direct quotes from Kan, for which journalists are not liable under Kazakhstani law.
On May 30, the Taraz City Court partially satisfied Kolchenkova's claim, ordering Vybornova to publish a retraction and pay 50,000 tenge in compensation for moral damages. However, the claim against Dzholtayeva was dismissed due to a lack of evidence that the Instagram account belonged to her.
The court's decision has been appealed.
Also in June:
• Court in Almaty Declares Internet and Mobile Service Shutdown During January 2022 EventsLegal
June 26. The Almaty District Court reviewed a lawsuit filed by Raimzhan Seit against mobile operators Beeline, Tele2, and Altel. Seit sought to declare the internet and mobile service shutdown in Almaty from January 4 to 10, 2022, illegal, arguing that this action was not provided for in Decree No. 725 on the introduction of a state of emergency. He also demanded 500,000 tenge in compensation for moral damages. The defendants argued that the shutdown was ordered by state authorities. The court agreed with their reasoning, noting that during a state of emergency, state authorities have the right to suspend communications. The lawsuit was denied.
• Police Visit Designer from Ekibastuz After Post Supporting LGBTQ+
June 16. Graphic designer Vitaliy Shevchenko reported on his Facebook page that police officers visited his home. According to Shevchenko, plainclothes officers came to discuss his recent posts against a petition "to ban LGBTQ+ propaganda" in Kazakhstan and in support of LGBTQ+ rights. The police warned him to be cautious with his publications to avoid inciting any form of discord. Previously, the designer had posted his opinions regarding the petition to ban LGBTQ+ propaganda in Kazakhstan.
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
