The Monitoring of violation of freedom of speech in Kazakhstan in June 2000

“Vechernyaya gazeta”, Tatiyana Voyevod, “Aziya-Transit”, Vadim Shirokoborodov

The journalists of the newspapers “Vechernyaya gazeta” Tatyana Voyevod and “Aziya-Transit” Vadim Shirokoborodov were deprived of an opportunity to cover work of the deputies of Karagandinsky regional maslikhat, which gathered for the regular session. According to the journalists: “they were stopped by the security at the entrance to the meeting hall, who said that their names were not in the list of the accredited journalists, which was composed by the secretary of maslikhat Mr. Mediyev”. Further they were explained that from now on unaccredited journalists would not be allowed to sessions of maslikhat, despite of the fact that the sessions are usually open.

The editorial offices of both newspapers are planning to appeal to the Department of Culture Information and Public Consent and to Prosecutor’s office in Karagandinsky region for explanations.

“Novyi vestnik”, Sergei Tereshenko (Karaganda City)

The journalist of the newspaper “Novyi vestnik” Sergei Tereshenko was not allowed to regular session of Karagandinsky regional maslikhat. The session was announced as closed. The reason of limitation to access of journalist for the meeting of the deputies - was lack of accreditation.

Mass media in Mangistau

During the meeting in Akimat of Mangistausky region, where the Minister of Ecology and Natural Resources S. Daukeyev took part, representatives of mass media were asked to leave the meeting room. Later S. Daukeyev stated that he was for the presence of the journalists on the meeting, but the deputy head of Mangistausky regional Administration of Ecology insisted on the eviction of the journalists.

“Ak Zhayik” (Atyrau City)

The scientists of Astrakhan City passed the results of toxicological immunological and virusological analysis of the bodies of seals, plenty of which died in April on Caspian Sea, to state organs of Atyrau City. The correspondent of the newspaper “Ak Zhayik” Arthur Shahnazaryan appealed to Atyrausky office of public prosecutor for Protection of Nature and Administration for Protection of Fish in order to get these documents. The journalist did not have problems getting immunological and virusological sections of Astrahansky report, however they refused to show him the results of research for the presence of poisonous substances (the most substantial part of the report). The prosecutor’s office refused to present it by saying that these results were intermediate, and administration for protection of fish stated that due to conduction of decoding they do not have the papers at the moment. The only thing left for the publication was to refer to the people, who “read the report, but refused to name themselves”.

The correspondent of the newspaper “Ak Zhayik” K. Kushekov turned to deputy of the regional prosecutor E. Dosanov for comments on arrest of vice-president of one of the leading utility services in the region. Who responded: “I refuse to give oral comments to the journalists of “Ak Zhayik”. Appeal with written request”. The same day the corresponding written request from “Ak Zhayik” was received by reception of the regional prosecutor’s office. Since then one month has passed, but the newspaper did not get any answer.

“XXI Century”, Nuri Muftah

In the process of preparation of next material about violations of passenger conveyance on the railway transport, the correspondent of the oppositional newspaper “XXI Century” Nuri Muftah, turned to the head of Eastern Administration of Internal Affairs on transport of the Ministry of Internal Affairs of the RK general mayor Gusman Bizhigitov. But he with words “try to understand me” politely refused to present information about revealed and recorded facts of violation by the employees of the transport police. At the same time, he told a story, when the head of the police academy of the Ministry of Internal Affairs, ex deputy Minister, general mayor Beisenov was fired only because of the fact that during his absence the political scientist Nurbulat Masanov, famous member of the executive committee of the Republican National Party of Kazakhstan of the RK, visited the academy and talked to its students.

“31 kanal” (Almaty City)

The film-crew of “31 kanal”, including the correspondent Mariam Esenbayeva and the cameraman Nikolai Sudakov, was not allowed for shooting on one of the departments of the City Administration of Internal Affairs of Almaty, where the crew was going to film a story about one of the best policeman. The press center of the City Administration of Internal Affairs of the city “because of habitual tradition” (words of M. Esenbayeva) also refused to grant “channel 31” official permission for the shooting.

“31 kanal” (Almaty City)

The film-crew of “channel 31” under the leadership of the journalist Elena Gordeyeva was not given permission to shoot the process of reconstruction of accommodations, rented by the firm “Azimut”, on the first floor of the damaged house. The reason for the shooting became the address of the tenants to the television channel, who were concerned because the building could crash down as a result of violation of safety rules.

“31 kanal” (Almaty City)

The press-service of the City Administration of Internal Affairs of Almaty City refused to grant information to the journalists of TV “channel 31” on capture of one of the criminal authorities, referring to the fact that this information is not interesting and has already been broadcast on another TV channel.

The president of Atyrausky department of the joint-stock company “Almaty City Construction” A. Arshamov promised to arrange an audience with the correspondent of the newspaper “Ak Zhayik” K. Kushekov. The journalist had number of questions regarding, primarily regarding payroll of local workers, who were reconstructing the roads of Atyrau hired by this firm from Almaty. K. Kushekov came to the office of “Almaty City Construction” on five occasions in two weeks after having agreed with A. Arshamov on the phone and all these five times he was not in the office. The journalist equates the incident with refusal to present information, moreover, in its especially severe form.

KTK, Nelya Sadykova (Temirtau City)

In the process of preparing the story about the problems of Temirtau City the journalist Nelya Sadykova appealed to press center of Karmet industrial complex with a number of issues about participation of this enterprise in the solution of these problems. The leader of the press service of Karmet N. Kurbakov refused to present any information on this topic to the journalist. According to the words of local tenants, security arrests everyone, who is seen in the area of the industrial complex with camcorder.

KTK, Nelya Sadykova (Aktau)

N. G. Bigok, the manager of the joint-stock company “Cement works” in Aktau City, refused to present information to the special correspondent of KTK Nelya Sadykova about suspension of payment of aids to disabled people, who received mutilations in the production process.

The correspondent of the newspaper “Ak Zhayik” K. Kushekov was interested by the fate of the sugar works in Indersky district. In 1994 financial means from the regional budget were allocated for its construction. The construction was suspended in 1996, although 90 per cent of the construction was completed. To the questions of the journalist he employees of the regional administration replied that they can provide comments only with permission of the regional Akim. Due to the fact that the regional leader does not communicate with mass media every day, K. Kushekov had to get information by other means.

“Vechernyaya gazeta”, Tatyana Voyevod (Karaganda City)

The journalist of “Vechernyaya gazeta” Tatiyana Voyevod was not allowed to access Karagandinsky theatre of music comedy for the closing of the usual theatrical season. According to the words of Tatyana Voyevod, she was not allowed to enter the theatre by the order of the director Amantay Ibrayev. The reason for this became her critical article, which was written after premiere of opera “Boredom” in Karagandinsky theatre of music comedy. The article was announced “vulgar” to the journalist.

“Sana” (Karaganda City)

On June 21 of the year 2000 the journalists of the analytical weekly newspaper “Sana” were not allowed to enter the building of Karagandinsky circus, where a concert of Rosa Rymbayeva was conducted. The reason for limitation to access was that the editorial office of the newspaper did not provide any informational support to the organizers of the concert. According to the words of the chief editor of the newspaper Zhumabika Zhunusova, “nobody from the organizers of the concert did turn to her with such proposal”.

Refusal to present information, which is important to the public, or limitation to access it, violates the rights of the citizens, journalists and mass media on freedom of its reception and dissemination, guaranteed by the article 20 of the Constitution of the RK and the articles 2 and 20 of law of the RK “On mass media”.

An illegal refusal to present information, as well as limitation to access it may be appealed to a court in the procedure of the articles 278-282 of the Code of civil procedure of the RK.

“Delovaya nedelya”

The newspaper “Otechestvo”, which was founded by deputy of the parliament of the RK T. Kvyatkovskaya, became the only one to publish draft law “On land”. The newspaper “Delovaya nedelya” expressed the pretensions to the press service of Mazhilis of the parliament regarding selective presentation of information to mass media. The acting head of the press-service Zhiger Baitlesov responded: “”Otechestvo” was not selected by chance. The newspaper itself initiated publication of draft law, we only gave them this opportunity.”

Showing groundless preferences and priorities to separate mass media from the side of state organs were not based on law. This sort of discrimination violates the rights of the citizens for freedom of information reception, guaranteed by the article 20 of the Constitution of the RK. Moreover, such practice contradicts one of the main targets of the state - creation of equal conditions for business undertakings of legal individuals.

Provider, who grants access to Internet to the newspaper “XXI Century” reported that it has registered an attempt of illegal double connection to the server of the edition. As a result of this there was interference during electronic contact of “XXI Century” with other servers, which created external traffic for the edition. In provider's opinion, the password of the “XXI Century” was stolen.

The illegal access to computer database (information), in case it was followed by destruction, blocking, modification or copying of the information, breach of PC operation, PC system or its network, forms constituent elements of a crime, provided for by the article 227 of the Criminal Code of the RK. The mentioned constituent elements of a crime, according to the article 34 of the Code of Criminal Procedure of the RK, should be classified as case category of private-public accusation. Prosecutor, investigating or preliminary investigation organ in accordance with victim's statement, initiates such cases. Moreover, a civil lawsuit about exaction of financial and moral damage may be initiated against guilty in illegal access.

Printing mass media of Eastern Kazakhstan

The Department of the Committee of National Security of the RK in Eastern region of Kazakhstan sent letters, signed by the deputy head of the Department V. Kunin, to some independent newspapers in the region, with request to present letters and statements of citizens for 1998-2000 received by the editorial office, for examination. According to unchecked information, the reason for this check became a letter, which was received by the public and political newspaper “Ustinka plus” from a reader with threat of terrorist act.

According to the article 20 paragraph 10 of law of the RK “On mass media”, nobody, except court, has a right to oblige a journalist or mass media to disclose an information source.

Aleksei Goncharov (Shymkent City)

A famous journalist in Shymkent Aleksei Goncharov conducted a press conference on the topic “Why I left NTK”. Among of the reasons, which induced him to take this step, he named the TV leadership’s utilization of cheap journalist labor, non-payment of salary, tendentious approach to event coverage.

A journalist in accordance with copyright and paragraph 9 of the article 20 of law of the RK “On mass media” has a right to remove his material from publication at any time, if the last after editorial correcting contradicts to the author’s convictions. The salary, according to the article 76 of law of the RK “On labor”, must be paid not rarely than once a month on time, fixed in individual and collective labor agreements. Otherwise, fine and compensation of moral damage may be exacted from the employer.