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

During the reception of citizens of Shymkent City the general prosecutor Yuriy Hitrin noted that Akim of Shymkent signs a lot of decisions and decrees, which contradict to operating legislation, and announced that he is going to take corresponding measures in his regard. On the next press conference Akim of the city was asked the question on what he thinks about the statement of Y. Hitrin. The Akim asked who personally heard this among journalists. The journalist Aliya Buriyeva confirmed the prosecutor’s words.

On the next day after the press conference the city administration insisted that Aliya Buriyeva presented proofs of such statement of Y. Hitrin. It turned out that nobody had audio or video recording of the reception of citizens by the general prosecutor. Then, on June 6, number of journalists, in particular, journalists of informational agencies “Interfax” and “Kazakhstan today” sent letter to Akim, which confirms the fact of pronouncement of the warning words addressed to Akim by Y. Hitrin.

Mass media, Shymkent City

On June 14, the head of the leading committee of religious center of Jehovah’s witnesses Fedor Zhitnokov visited many editions and television channels of Shymkent and demanded to name source of information about the fact that recently a criminal case was initiated on fact of illegal missionary activity of the center in the village Derbisek of Saryagashsky district. Journalists received this information from the report of the city administration of internal affairs in South Kazakhstan region.

After two days F. Zhitnikov introduced the journalists the official response signed by the first deputy of the department of the committee of national security, which reported that a criminal case was not initiated, and Saryagashsky department of the committee of national security was ordered to return withdrawn religious literature and correspondence.

“Vechernyaya gazeta”, Vadim Shirokoborodov (Karaganda City)

On March 16, 2000, the article of Vadim Shirokoborodov “Bootleggers are like hydra: two heads grow on the place of one”, which talks about results of activity of city administration of tax police in Karagandinsky region in struggle with illegal turnover of spirit and alcoholic products for the last year. In particular, the article says that: “… one of the notorious criminal cases investigated by city administration of tax police in regard to the ex head of Karagandinsky regional administration of economics and development of entrepreneurial activity of Vladimir Yurkin on fact of violations in the sphere of turnover of alcoholic products “estimated” at 55 million tenge. The head of the city administration of tax police in Karagandinsky region R. Tleuhan mentioned these facts during his speech on the meeting of the working group of Karagandinsky regional akimat. The given meeting was conducted with participation of Akims of all levels, heads of law enforcement and fiscal organs of the region and was transmitted on March 12, 2000 on the television channel KarTV.

On June 5, 2000 the editorial office received a claim, in which Mr. Yurkin requested “to acknowledge the information, worded in the article, false. Publish refutation and offer apologies for falsehood of the information published”.

On June 15, 2000 the article “Truth is above everything” was published in the seventeenth issue, in which the editorial office acknowledged “the information, pronounced by high-ranking leader, false” and offered its apologies to V. Yurkin. Nevertheless, on June 22, 2000, V. Yurkin appealed to Sovetsky district court of Karaganda City with lawsuit statement on protection of honor, dignity and business reputation and compensation of moral damage. The editorial office of the newspaper “Vechernyaya gazeta” is brought as codefendant. The plaintiff in his lawsuit demands requests 25000 tenge from the editorial office as compensation of moral damage inflicted to him by spreading of information, which was false, discredited his honor, dignity and business reputation.

“Aziya-Transit”, A. Saulebekov (Karaganda City)

In June of 1999 the article of A. Saulebekov was published on the pages of Kazakh-speaking weekly “Aziya-Transit”, in which the author expresses regret in regard to actual facts of immigration of experienced teachers and scientists from Kazakhstan, including from Karagandinsky University named after E. A. Boket. The rector of the State University of Karaganda Z. Akylbayev considered the information mentioned in the article to be false and discrediting to high reputation of the University as scientific and educational institution, and appealed to Leninsky judicial sector of Sovetsky district court of Karaganda City with lawsuit statement on recovery of moral damage to the amount of 150000 tenge from the weekly “Aziya-Transit” in favor of the University and on obligatory publication in the given newspaper of “apologizing refutation”.

Exactly after one year the judge E. Asanov (by the way, the third judge after two rejections of two other judges) examined the lawsuit statement and rendered the decision on refusal to satisfy lawsuit demands in full volume.

According to paragraph 3 of the article 26 of law of the Republic of Kazakhstan “On mass media” chief editor, journalist, and consequently, mass media are exempt from responsibility for spreading of false information in mass media, if they are literal reproduction of official speeches of deputies, officials of state organs, organizations and citizens.

“Vzglyad”, Karaganda City

In the issue of the newspaper “Vzglyad” from May 24, 2000 under section “Uzun-kulak”, where they publish various rumors, it reads that ”the most expansive prostitutes in their leisure time get education in Contemporary Humanitarian University. Their night fixed price is $ 75 per hour. This rumor resulted in claim of Karagandinsky branch of Russian Kazakh Contemporary Humanitarian University (CHU) from its female students to the editorial office of the newspaper “Vzglyad”.

In particular, the claim reads, that “female students of the University officially appealed to the principal’s office of the University with request on protection of honor and dignity”. Legal council of the University M. E. Kokushev in his claim offers the editorial office to “publish refutation in regard to the female students of the University and solve the issue of the damages inflicted to the University by this note”.

On June 28, 2000, in its comments the editorial office notes that section “Uzun-kulak” includes not checked information, but rumors only. Moreover, the abbreviation of CHU does not necessarily decodes as Contemporary Humanitarian University. Nevertheless, the editorial office offered its apologies to “everybody, whom it accidentally insulted”.

Demand on protection of honor, dignity and business reputation with the force of the articles 141, 142 of the Civil code of the Republic of Kazakhstan may be presented only by that legal or physical individual, whose personal non-property rights were violated. Consequently, institution of higher education cannot present lawsuit from its name during violation of personal non-property rights of students.

“Novyi vestnik”, “Reklama”, “Sputnik”, Karaganda City

Department of culture, information and public consent in Karagandinsky region rendered order to chief editors of the newspapers in Karaganda “Novyi vestnik”, “Reklama”, “Sputnik” on suspension of publication on its pages of “photos and materials of pornographic content”, which allegedly “violates” norms of law of the Republic Kazakhstan “On mass media”.

Due to the fact that the office of public prosecutor of Karaganda City was planning to render corresponding decree in regard to the editor of the weekly “Novyi vestnik”, on the “fact of dissemination of pornographic materials”, the editorial office was forced to urgently re-register its edition.

According the international convention “On stopping of circulation of pornographic products and their sale” from 1923, pornography is portrayal or description of intimate life in cynical low form. Thus, public danger of pornography is not its object of portrayal, but its character and purposes. According to established judicial practice, the last can only be proved on the basis of corresponding qualified expertise.

“Tvoi shans - Rudnyi”, Kostanaysky region

The chief editor of the newspaper “Tvoi shans - Rudnyi” Yevgeniy Shibarshin received a warning from the city prosecutor E. Baimuhametov due to the fact, that the text of warning from the Ministry of Healthcare, regarding harm of alcohol in the advertisement of beer placed in the regular issue of the newspaper, was written with very small font. The chief editor justified himself saying that it happened accidentally, in connection with reduction of size of advertisement logo.

Television company “Ispat-Sfera”, Temirtau City

Judicial session on lawsuit of the citizen Pashin E. A. to the television company “Ispat-Sfera” (Temirtau City of Karagandinsky region), on recovery of moral damage to the amount of 290 million tenge, took place in the city court of Temirtau with chairmanship of the judge E. E. Lorents. The grounds for the lawsuit are as follows:

1. Television channel of the open joint-stock company “Ispat-KarMet” (the open joint-stock company “Ispat-KarMet” is the owner of the television channel “Ispat-Sfera”) violated the article 14 of the paragraph 3 of law of the Republic Kazakhstan “On mass media” due to the fact that it has numerously within long period of time (at least from August, 1999 to May, 2000) placed advertisement clips and information in the running line propagandizing alcoholic beverages in prohibited by law time of day;

2. The actions of the television channel of the open joint-stock company “Ispat-KarMet”, which propagandizes alcoholic beverages in prohibited by law time, are menace to national security, in particular, to public security - spiritual moral and social protection of life, health and wellbeing of citizens of Kazakhstan (the articles 1 and 19 of law “On national security of the Republic of Kazakhstan”);

3. The given numerous systematic violations to me personally bring enormous moral sufferings due to the fact that verbal and non-verbal influences of the advertisement have (in this case) PERNICIOUS AFFECT on conscience and subconscious. I see DISTANT CONSEQUENCES of similar negative decomposing influence of illegal propaganda of alcoholic beverages on children.

Examination of this lawsuit if postponed by court in connection with the fact, that the plaintiff needs to ground the stated moral damage to the amount of two hundred and ninety million tenge.

Paragraph 3 of the article 14 of law of the Republic of Kazakhstan “On mass media”, in fact, does include time limitations of electronic advertisement of tobacco and alcohol products from 6 AM to 11 PM. In regard to print editions the specified norm orders advertisement to be accompanied by easy to distinguish text on harm of its use. The law does not include any orders regarding font of an advertisement or warning text.

In respect of the second case, judicial practice of some countries had precedents when similar suits to tobacco companies were satisfied. For instance, recently, lawsuit of citizens with cancer of one of the states of USA to Tobacco Company to the amount of 14 billion dollars, was satisfied. However, this was the lawsuit directly to tobacco companies, which inflicted damage. But in our case, we do not have people, who financially suffered. Here, within the framework of the submitted lawsuit, we can only talk about moral suffering of children in regard to reaction to the advertisement. In our opinion, the court was absolutely right when it offered the plaintiff to ground the submitted suit and the amount of recovery of moral damage.