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

The newspaper “Dozhivem do ponedelnika”, which specializes on critic of opposition, reported that on July 18 its correspondent Anna Kalashnikova was attacked by an old woman, who “pulled out gas container and with scream: “Here you go, plague!” sprayed a spurt of high concentration nerve gas right into the eyes of the journalist”. The report says that the girl received severe burns. The newspapers published the photo of medical certificate, which said that the girl had “conjunctivitis of both eyes (after nerve gas burn)”. The editorial office considers this to be vengeance of the opposition for the professional activity of A. Kalashnikova.

KTK, Larisa Chernenko, Serik Koblanbayev (Almaty)

The film crew of KTK was making video recording of sellers’ strike on the central market of Almaty. In the beginning guards of the market prohibited to shoot anything on the market referring to the fact that the market is private property, but then they began to tear the clothes of L. Chernenko, beat up the cameraman Serik Koblanbayev and broke his camera. Koblanbayev and the leadership of KTK based on the given fact appealed to the office of public prosecutor with statement on initiation of criminal case. The broken camera was submitted to the department of internal affairs of Medeusky district for examination.

The physical actions in regard to the journalists, given in the aforementioned reports, definitely include signs of criminal punishable actions: they are subject to classification on one or other article of the Criminal code of the RK, or on sum total of articles, depending on intent and severity of following consequences.

Television company “TV-29” (Karaganda)

The office of public prosecutor of Karagandinsky region appealed against illegal order of Karagandinsky regional administration of the committee of transport control to the television company “TV-29” on urgent disconnection of TV transmitter in connection with the fact that the television company did not pay on the permit RCS # 1/10-930/0041 from February 28 2000 for use of radio frequency resource.

TRK “NS-radio” (Almaty)

Administration of the committee of transport control of Almaty rendered the order aimed at TRK “NS-radio” on suspension of its activity in connection with expiration of license term, and then arbitrarily disconnected and sealed up the radio transmitter. The city prosecutor appealed against the illegal actions of the administration of the committee of transport control.

“TV-29” (Temirtau City)

The administration of the committee of transport control (CTC)of Karagandinsky region of the Ministry of transport and communications of the RK raised a claim in judicial order on recovery of debt for use of radio frequency resource of the RK to the television company TV-29. According to the opinion of the director of committee of transport control (CTC) of Karagandinsky region A. Y. Lepihin, the debt of the television company TV-29 to the state budget is $ 8285,74, which in local currency constitutes more than 1 million tenge. The claim also reads: “In case of dissatisfaction of the demands, CTC of Karagandinsky region will appeal to court for settlement of the dispute. In addition, it will consider the issue of suspension or recall of license, which also may receive positive settlement in the court in case of non-payment of the existing debt”.

According to the words of the director of the television company “TV 29” A. V. Zharkova, the actions of CTC of Karagandinsky region are appealed to the office of public prosecutor of Karagandinsky region and the office general prosecutor of the RK.

The legal status and proxy of any state agency, including committee of transport control (CTC), are defined by corresponding provision, confirmed by higher agency or government. The committee of transport control does not possess the right to stop activity of mass media or directly (physically) interfere with its activity, such as the disconnection of the radio transmitters. According to the article 13 of law of the RK “On mass media”, it is only the court, which has the right to suspend or stop broadcasting (airing) of mass media. Moreover, according to the provision on the committee of transport control, it is directly intended for “creation of conditions for normal functioning of service market, connected with telecommunication work and guarantee of effective use of radio frequency spectrum”. Thus, CTC is not a policeman, not a prosecutor, but an assistant of electronic mass media. There are no legal grounds for stopping of mass media’s activity in the aforementioned cases. And it is not accidental that the actions mentioned in this section are appealed against by public prosecutor or successfully disputed in court.

Information, that the editor of the newspaper “Vremya po” Nurlan Ablyazov left Kazakhstan with his family, appeared in number of mass media, in connection with forced suspension of issue of this newspaper. Ablyazov himself refuted this information in the interview to the television program “Inform bureau” (“channel 31”). He reported that lately he numerously received threats of physical violence. In this connection his wife indeed left Kazakhstan, but he himself is not going to leave anywhere, unless he is forced to.

“SolDat”, Yermurat Bapi (Almaty)

The editor of the newspaper SolDat” Yermurat Bapi announced that there is no publishing house left in Kazakhstan, which would agree to publish “SolDat”, during the press conference called by him.

The editorial office was forced to publish the fiftieth jubilee issue of “SolDat”, which was supposed to be issued on July 6, birthday of N. Nazarbayev, in Russian town Rubtsovsk. On July 5, Yermurat Bapi, who accompanied the printed edition, was stopped on Russia customs post “Rubtsovsk”. The automobile transport underwent thorough 4-hour inspection, up to its partial dismantling. After Y. Bapi and his escort crossed the border, they were stopped at Kazakhstani customs post “Aul”. Its employees, held them until 6 AM, referring to special order from above, whereupon employees of tax police arrived from Semipalatinsk. Bapi was forced to answer numerous questions of the tax policemen until 5 PM, although it was clear to him that the main purpose of these questions was to hinder arrival of “undesirable” edition to Kazakhstan. In the end, the edition of the newspaper was withdrawn “until circumstances would become clear”. The reason was incorrect calculation of the total edition of the newspaper by customs officers.

When Bapi was approaching Almaty, he was detained by employees of the city automobile inspection on the post “Kapchagai”, who stated that Bapi’s office car was allegedly in search. They also named telephone numbers of “declarants”, which later turned out to be false. Thus, the newspaper came to the reader only after several days and due to this, part of materials lost its actuality.

“Novoye pokoleniye” (Almaty)

The head of Jetysuisky district department of internal affairs of Almaty City V. Lomyr rudely refused to present information to employee of the newspaper “Novoye pokoleniye”. The reason for the journalist’s appeal became claim of one of the readers on police arbitrariness in this department. People in civilian clothes, one of whom mockingly introduced himself as casual employee Hosheminov, before head’s eyes threw out the journalist from the department with words: “here, on the market, such things do not work”, “I go to the bathroom with your newspaper”.

The newspaper published address to the Minister of Internal Affairs of Kazakhstan K. Suleymenov in regard to this incident.

KTK, Victor Miroshnichenko (Petropavlovsk)

The judicial session on the lawsuit of ex prosecutor of Timiryazevsky district A. Zhanakov to the head of farm Bazar Kuanyshev took place in the district center Sergeyevka of North Kazakhstani region on July 28. The judge Pafova permitted the film crew of channel KTK to conduct video recording due to the fact that the trial was open. However, in the very beginning of the session the plaintiff came up to the judicial table, grabbed the camera of the operator Victor Miroshnichenko, and, thus, did not give him a chance to shoot the trial. The judge was not able to calm the ex prosecutor and having stated that she could not conduct the trial in such conditions, she asked the operator not to shoot.

Hindering of legal professional activity of a journalist constitutes constituent elements of a crime, provided for by the article 155 of the criminal code of the RK. Under hindering law implies coercion of a journalist by any means to dissemination or refusal to disseminate information. Coercion with use of one’s official position, as well as use of violence or threat of its use, constitutes classification of a crime (part 2 article 155 of the Criminal code of the RK) and entails criminal punishment up to deprivation of freedom for the term of up to 3 years. It is easy to notice that all of the cases mentioned in the present subsection are subject to action of the mentioned article. The constituent elements of a crime, provided for by the aforementioned article, refer to the category of cases of public accusation (articles 32, 33, 34 of the Code of criminal procedure of the RK). Unfortunately, it is necessary to note again that the article, which provides for responsibility for hindering of professional activity of a journalist, is not used in practice and journalists remain without protection of the state.

“Ana tili”, Nuri Muftah

The head of the national press club S. Matayev refused in accreditation to the correspondent of the newspaper “Ana tili” Nuri Muftah on the press conference of the President Nazarbayev in Atyrau, dedicated to President’s trip to eastern regions of the country. Matayev justified his refusal by the fact that Akim of Atyrausky region did not want to see the employee of disgracing newspaper “XXI century”, because it may be unpleasant for Nazarbayev. Arguments of N. Muftah that he was requesting accreditation on behalf of the newspaper “Ana tili” were no avail.

“Novyi vestnik”, “Vechernyaya gazeta”, “Aziya – Transit”, television company “ADAN”, television channel “TKT”

Editors of powerful mass media of Karaganda City appealed with letter to the office of public prosecutor of Karagandinsky region, regional department of culture information and public consent and maslikhat of Karagandinsky region. It reads: “journalists of editions of Karaganda are worried due to the fact that tendency of power structures to use accreditation as a method of limitation of access of journalists to important to the public information is strengthening”. The point is that in June 2000 the film crew of the channel KTK: photocorrespondent Trofim Kunin (“Novyi vestnik”), Tatyana Voyevod (“Vechernyaya gazeta”), Vadim Shirokoborodov (“Aziya – Transit”), were not admitted to the session of deputies of Karagandinsky regional maslikhat. The reason was absence of accreditation of journalists.

Accreditation of journalists, in its essence, is carried out with purpose of wide and efficient informing of community on activity of executive, representative and other organs and organizations of the RK, regulated by the article 22 of law of the RK “On mass media” and the accreditation regulations, confirmed by the order of the Ministry of culture information and public consent from 05.01.2000 # 1. Refusal in accreditation, according to the paragraph 9 of the mentioned regulations, may be disputed in judicial order. Unfortunately, as it was already numerously noted by the foundation for protection of freedom of speech “Adil soz”, the regulations themselves, in our opinion, are so imperfect, conflicting and do not correspond to operating legislation, that they should be disputed in court in the procedure of the articles 283-285 of the code of criminal procedure of the RK. For example, the article 143 of the civil code of the RK and the article 27 of law of the RK “On mass media” establish sanctions only for dissemination of not authentic, i.e. false information, discrediting honor and dignity; and regulations – for dissemination of any information, which implies that it includes authentic information, discrediting honor and dignity, i.e. criticism. Moreover, another violation of the aforementioned norms is that the regulations classify solution of the given issue not to the competence of the court, but to the competence of the accrediting organ, which allows the last to chop off nonconformist journalists.