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

Head of administration of information and public consent of West Kazakhstani region K. Karagoishin requires additional documents, whish are not provided for by law, from those who are willing to register new edition. Founders of informational agency “Taza-press” were not able to get resolution for registration from him and refused from idea of founding newspapers “Zhuzdesu” (“Meeting”) and “Zhastyk uni” (“Voice of youth”).

Unfortunately, requirements to present different documents, not provided for by law, such as applications in particular editorial office and etc., are still not rare from bodies of Ministry of Culture, Information and Public Consent, during registration of mass media. Meanwhile, article 11 only provides form of such application and does not direct it to the editorial office. Legal entities need to enclose to application a copy of certificate of state registration of legal entity, while physical entities need to enclose a document confirming right for carrying out entrepreneurial activity. Law directly prohibits bringing other requirements during registration of a mass media.

“Radio NS” (Almaty City)

Prosecutor of Almaty City protested order of Administration of Committee of Control over transport and its act on disconnection of radio station “NS” in regard to expiration of license term. The committee of control over transport cancelled the decree of disconnection. After that the administration of Almaty City appealed to court with lawsuit on termination of activity of the radio station. In turn, “Radio NS” appealed to court with counter-lawsuit on acknowledgement of its license as termless.

Court of Auezovsky district of Almaty City having satisfied counter-lawsuit of ”Radio NS”, and acknowledged its general license to be termless, refused in satisfaction of lawsuit demands of the administration. The administration of control over transport of Almaty City is going to appeal the decision of the court of first instance in the city court.

The court of the first instance was absolutely right when it refused to satisfy lawsuit demands of the administration of control over transport of Almaty City on termination of activity of TRACE “Radio NS”.

TRACE “Radio NS” is a mass medium, due to the fact that it went through official state registration. Suspension of broadcasting or termination of activity of mass media is carried out only on the basis of grounds and in the procedure provided for by the law of the RK “On mass media”.

However, the aforementioned law does not include such ground for termination of activity, as expiration of license term. Moreover, according to law of the RK from 10.07.98 #283-1 “On making changes and additions in some legislative acts of the RK”, general licenses on right to broadcast radio programs since entry of the aforementioned law into legal force are to be issued only as termless. Consequently, the reasoning, on termination of activity of mass medium in connection to expiration of its license term, is meaningless itself. At the same time, proceeding from the aforementioned legislative acts and considering the fact that TRACE “Radio NS” numerously appealed to the committee of control over transport on prolongation of license term or issue of new license, the court considered it to be possible to satisfy counter-lawsuit and acknowledge the general license of the TV and Radio company as termless.

“Radio NS”, “Radio of Astana City”, the newspaper “Republic”

Journalist of “Radio NS”, “Radio of Astana City” and the newspaper “Republic” were not allowed to attend expanded meeting of the government with participation of the President of the RK Nazarbayev. According to the words of the correspondent of “Radio NS” Nadezhda Samsonova in the beginning the press-service of the administration of the President invited the correspondents of these ass media to the meeting, but at the last moment they were crossed out from the list. The reason - lack of seats for press in the meeting room.

“Vremya”, Andrei Kratenko (Ust-Kamenogorsk)

Personal correspondent of the newspaper “Vremya” of East Kazakhstani region Andrei Kratenko was not able to attend board meeting of regional administration. He appealed to the press secretary of the regional Akim V. Toporkov with accreditation request. Mr. Toporkov responded that there are seats only for the state owned mass media.

As it was said in section I of the present monitoring, accreditation of journalists at this or that organization (body), according to the article 27 of law of the RK “On mass media” is conducted in agreement with this organization (body).

Accredited journalist has a right to attend all official events of the accrediting body, except those, that are closed.

“Advertisement” (Shymkent City)

Somebody attempted to set fire to accommodation of the editorial office of the newspaper “Reklama” on the night from August 16 to 17. Strangers threw two paraffin bottles with burning material wicks into a window. However, the guard was able to avert fire. The city administration of internal affairs of Shymkent City is investigating the accident.

KTK, Larisa Chernenko, Serik Kavlanbayev (Almaty City)

District department of internal affairs of Medeusky district initiated a criminal case on fact of beating-up of film-crew of the television channel KTK by guards of open joint-stock company “Bereke”. According to report of the office of city prosecutor, the last are incriminated in hooliganism. The television channel KTK is going to protest such wording of accusation. In opinion of legal service of the channel, it was intentional hindering of professional activity of the journalists that took place.

“Yumaks” (Shymkent City)

35-40 year old Asian man came in the reception office of Shymkentsky radio station “Yumaks” on August 28. After brief greeting he sat on a chair across the secretary and abruptly threw down a telephone and then moved to a computer. He also punched the secretary several times. After that the visitor rushed to a window and jumped down from the ninth floor. Personality of suicide is not determined yet. A criminal case was initiated on fact of an individual’s death.

Physical actions in regard to journalists, mentioned in the above reports, definitely include signs of criminal actions to be punished. Depending on intention and severity of consequences, they are subject to qualification on this or that article of the criminal code of the RK or on a number of articles.

KTK, Larisa Chernenko (Almaty City)

Effort to get information regarding course of operation “Trap”, dedicated to fight with poachers conducted jointly by four departments, of the journalist L. Chernenko was futile. The department of akimat of Almaty region, department of forest and bio-resources, regional administration of state control over flora and fauna of the RK and regional administration of internal affairs kept sending the journalist to one another, but the telephone of the headquarter office did not respond at all.

KTK, Tatyana Lisitskaya (Almaty City)

Representatives of the investigating team, who were conducting case regarding murder of Talgat Ibrayev, refused to provide information regarding course of investigation to KTK’s journalist Tatyana Lisitskaya, having referred to investigation secret.

Gaziza Baituova, independent journalist (Taraz City)

Head of mass media department of Dzhambulsky regional administration of information and public consent Dosymzhan Tuleunshev refused to show file with local newspapers, stored in the department, to the journalist Gaziza Baituova. Head of the administration Batyrgali Akpayev also supported the decision of the subordinate.

“Ak Zhayik” (Atyrau City)

Correspondent of the newspaper “Ak Zhayik” Karshyga Kushekov requested materials of complex check of state organizations of Makatsky district in the regional control and audit administration. The control and audit administration sent the request to Atyrausky territorial committee of state property. The territorial committee demanded written request from the journalist. The editorial office has sent the corresponding request to the territorial committee twice, but both times did not receive any response.

“Diapason” (Aktobe City)

On August 30 the correspondent of the newspaper “Diapason” Eltai Davlenov appealed to vice principal of Aktyubinski branch of high law school “Adilet” S. Skryabin with request to comment on decision of closing down the branch and elaborate on options left to students and instructors of the school. S. Skryabin refused to provide any kind of information to the newspaper “Diapason”.

Refusal to present information to the journalist in the aforementioned cases is illegal. The article 20 of the Constitution of the RK guarantees right for reception of any, unlimited in dissemination by law, information. According to the article 20 of law of the RK “On mass media”, journalist has a right to conduct research, receive and disseminate information. He also has right to visit state bodies and organizations of all kinds of ownership and be accepted by its official individuals. Rights of journalists provided for by law, consequently, give rise to corresponding obligations for official individuals. Moreover, an official of state body, who refuses to provide journalist or citizen with information important to the public, directly violates his main obligation, provided for by the article 9 (paragraph 3) of law of the RK “On state service”: ensuring compliance and protection of rights, freedoms and legal interests of citizens and legal entities.