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

Draft-law of the new tax code was prepared to be sent to the parliament. If the code will be approved in the suggested by the government version, it will contain a novel about taxing on general grounds of non-commercial organizations, foundations, alliances, associations, financed today due to grants, donations, sponsorship of international non-governmental organizations and private individuals aiming to provide humanitarian aid for development of local culture, education, medicine, economics, mass media and etc., meaning g those spheres, where local financing is insufficient or absent overall.

A number of special bulletins are published on grants. Journalists and mass media, which make substantial contribution in development of local journalism, are rewarded.

Draft-law of the aforementioned novel contradicts the spirit and sense of the section 5 paragraph 2 chapter 2 “non-commercial organizations” of the Code of civil procedure of the RK and, in particular, the article 107 of this code, due to the fact that today majority of these organizations exists in the form of public foundations.

Public foundation is an organization, which does not have membership, founded by citizens or legal individuals on the basis of voluntary property fees, pursuing social, charitable, cultural, educational and other useful to the public goals. In other words, public foundation does not pursue profit-making goals.

In case this novel is approved, it inevitably will cross out many programs, which help seniors, poor, other socially unprotected population levels, including treatment of drug-addicts and alcoholics. Who will agree to give up the lion share of his donations to feed the state and its apparatus? Similar novel will also objectively shed light on maturity measure of parliamentarians. Law is like this not because it was adopted by highest agency of state authority, but because it makes sense. In the opposite case it will either not be executed, or it will worsen the business, which it was meant to regulate and develop.

On September 15 the chief editor of the newspaper “Republic – 2000” Lira Baiseitova was assaulted. Medical team of “ambulance”, which arrived to the incident site ascertained that the victim had brain concussion, cut of the left eyebrow, bruises and jaw injury. Police group on duty, which also arrived to the incident cite, recorded the given fact.

According to Lira Baiseitova, person who assaulted her - an unknown man of European nationality, threatened to give bring her more troubles if she continues to carry on with journalism activity.

Assault of the chief editor of the newspaper “Republic – 2000” contains indications of punishable act. Depending on intention and severity of the following consequences they need to be classified on number of articles of the code of criminal procedure, which provide for responsibility for crimes against individuals and against constitutional rights of person and citizen.

“Habar”, Azamat Kalymbetov (Uralsk City)

According to the personal correspondent of “Habar” agency in West Kazakhstani region Azamat Kalymbetov lately work of his film-crew has been made difficult. Guards of the regional Akimat were given an order not to let him in. According to the words of Kalymbetov, such regime in his regard was set due to the fact that regional Akim Kabibula Dzhakupov and a number of his deputies did not like a number of his video stories about problems in the region.

Prior to prohibiting Kalymbetov to access Akimat building management of the region conducted several conversations with the journalist, where they strongly recommended him not to make such critical materials about actions of local authorities, and work only on topics suggested by them. Kalymbetov refused to do it because such “co-ordination” contradicts editorial policy of “Habar” agency and legislative acts of the RK.

Television companies NTK, ADAN

“Novyi vestnik” (Karaganda City)

Two wagons with armament came off the rails on the railway station of Karaganda City on September 5 at 5:35 AM. The wagons turned over on the side and smashed railway house with two people inside. Firemen, military unit, employees of KGB department of Karagandinski region arrived to the accident site. Soldiers cordoned off the place. Strict order was made in regard to mass media – “not to let in, not to give any interviews, not to allow shooting”. However, shootings were conducted secretly, almost from the bushes. Only at 11 PM Mr. Gadzhieyev, employee of KGB department of Karagandinski region, gave an interview to mass media representatives about the accident and allowed to shoot turned wagons from the distance of 100 meters.

Limited responsibility partnership “Inform bureau”, (Almaty City)

Film-crew of the program “Inform bureau”, aired on “channel 31, consisting of journalists Irina Nesova, Saule Sakenova, Andrei Ainutdinov and cameraman Matvei Shestakov arrived to the scene of robbery in the private exchange bureau. Employees of Almalinski district department of internal affairs rudely expelled them from the incident cite. When the journalists began to shoot the accident cite from the distance of fifty meters, authorized officer Mahambetov K. attempted to take away cameraman’s camcorder. One of the journalists was able to run away with the camcorder, but the cameraman Matvei Shestakov was arrested and driven in the police car to the police department “for certification” as he was explained, although nobody asked him to present his identification document. The journalists who remained to be free instantly reported about what happened to the management of the city administration of internal affairs and on the order of the head of headquarters, transmitted to radio of the police car, the cameraman was set free.

TDK-29, Zlata Udovichenko (Uralsk City)

Film-crew of television company TDK-29 of Uralsk City under the management of the journalist Zlata Udovichenko was not permitted to conduct television shooting on the territory of Uralsk airport during checking of information about explosive object in the airport building. Police officers were escorting the journalists out of the building. Later, when the officers noticed that the cameraman continued to shoot, they took him to one of service rooms and forced him to take out the tape from the camcorder, allegedly for reviewing, after what half of the footage turned out to be erased.

None of the officers satisfied Zlata Udovichenko’s request to identify themselves.

Hindering of legal professional activity of a journalist constitute corpus delicti, provided for by the article 155 of the code of criminal procedure of the RK. Under hindering law implies coercion of journalist by any method to disseminate or refuse to disseminate information. Coercion with utilization of someone’s service position, just like use of violence or threat of its use, constitute qualified corpus delicti of the aforementioned crime (part 2 article 155 of the code of criminal procedure of the RK) and entails criminal punishment up to three-year imprisonment. It is easy to see that all cases, given in the present subsection, are subject to the aforementioned article. Corpus delicti, provided for by the aforementioned article, refers to category of cases without public accusation (articles 32,33,34 of the code of criminal procedure of the RK). Criminal pursuit should be carried out by competent agencies independent from presence of claim from a victim. Unfortunately, we need to emphasize again that article, which provides for responsibility for hindering legal professional activity of a journalist, is not used in practice, and journalists stay without state’s defense.

Internet-cite ”Eurasia”

Beginning from September 15 Internet connection with cite “Eurasia” (Informational analytical center “Eurasia”, Moscow) became impossible. It publishes materials about various events in Kazakhstan, including those, which criticize government and the President of Kazakhstan.

In response to oral request of Internews about causes of inaccessibility of “Eurasia” employees of “Nursat” (G. Kalinina) on the phone referred to “technical causes”, including problems connected with the cite itself. Administrator of “Eurasia” cite totally refutes such explanation of causes of blocking.

Experts in communication sphere believe that “Nursat” itself did not block access to specific cites and blocking could have been done by “Kazakh telecom” company, where “Nursat” rents communication lines.

Internet-cite “Eurasia”

New minister of transport and communications of Kazakhstan Karim Masimov in his interview to the newspaper “Komsomolskaya pravda” of September 14 said: “Internet became extremely free space for pornographic cites. It cannot worry us, due to the fact that children have free access to Internet as much as adults do… It seems to me that access in such case should be limited. There are some thoughts on this account.” At the same time, Masimov emphasized that he is “supporter of free access to Internet…” and the state should not limit free exchange of information in any way. In addition, the minister acknowledged that implementation of “access limitation” is far from being easy: “Due to the fact that a professional user will access closed cite through another domain.”

Actions on limitation of access to Internet are definitely violation of rights of citizens for free reception and dissemination of information, guaranteed by the article 20 of the Constitution of the RK.

And the fact that a person, who disseminated false, discrediting other person information, pornographic work, as well as other information, which constitutes corpus delicti according to international or local law and has to be punished, is also undutiful. However, fighting this evil evidently needs to be done not through limitation of access to Internet, but by means of attachment to corresponding international conventions and agreements and working out of joint measures.

MTRK, Olga Popova (Petropavlovsk City)

On September 25 film-crew of municipal television of Petropavlovsk City under the guidance of the journalist Olga Popova shot a story for “Evening newscast” on KGB of North-Kazakhstani region, which presented a bus to Kazakh theatre of drama of Petropavlovsk City. Akim of the region was present at the ceremony of presentation of the gift. During preparation of the story, public relations officer of the KGB Rozaliya Abaturiva on the channel and requested the story to be reviewed by KGB management before airing it. The journalists refused to do it, referring to the fact that the channels’ equipment is overloaded and it doesn’t have technical opportunity for review of the tape.

Under censorship law of the RK “On mass media” (article 31 paragraph 13) implies preliminary discussion of materials and reports with state agencies, official individuals and other organizations on their request or on other grounds with goal to limit or prohibit their publication. The article 20 of the Constitution of the RK and the article 2 of law of the RK «On mass media» prohibit censorship.

Film-crew of KTK was not permitted for shooting of unofficial demonstration of conscripts of college for frontier guards and did not give them information about causes of riots among conscripts.

TRK “Habar” (Almaty City)

“Habar” agency in its daily newscast reported that it was not able to receive information from the city administration of internal affairs and KGB of Almaty City in regard to night firing in the center of Almaty during arrest of the terrorist group. “Habar” claims that this not the first case when law-enforcement agencies do not present information. Management of the city administration of internal affairs presented information in regard to night operation at 3 PM on the press conference dedicated particularly to this event.

KTK, Perezat Amirkoulova (Pavlodar City)

Security of energy center of Ekibastuz City did not permit film-crew of the television channel KTK under the management of Perezat Amirkoulova to the catastrophe cite (explosion of capacities with hydrogen of enormous power).

KTK, Aliya Kuliyeva (Shymkent City)

Minister of nature protecting resources of the RK refused to give an interview to the correspondent of KTK Aliya Kuliyeva in regard to arrest of twenty Arabic citizens with falcons at customs office of Shymkent City.

“Ak zhayik” (Atyrau City)

On June 6 the editorial office of the newspaper “Ak zhayik” appealed to the office of regional prosecutor M. Zhorgembayev with request to give legal evaluation of the decision of the head of joint-stock company “Atyrau regional gas” N. Balakina about total disconnection of apartment houses. The request was repeated numerously. The editorial office never received a response from the office of regional prosecutor.

All mass media of West Kazakhstan region

Akimat of West Kazakhstan region introduced new admission system to its building. As a result journalist are not able to get into the building on their initiative.

“Evrika”, Yevgeniy Yakushov (Aktobe City)

In order to prepare material about civil faculty of highest military college of Aktyubinsk City arranged a meeting with deputy head of the college A. Mangubasov. But throughout several days the journalists was not permitted to pass through admission point. All management of the college on various pretexts refused to give any kind of information about admittance of conscripts to the college.

“Habar”, Victor Sutyagin (Atyrau City)

Personal correspondent of “Habar” agency in Atyrau Victor Sutyagin appealed to public relations manager of the limited responsibility partnership “Tengizshevroil” M. Karazhigitova with questions in regard to number of unexpected deaths of employees of “Tengizshevroil”. M. Karazhigitova responded “There are no comments”.

“Habar”, Victor Sutyagin (Atyrau City)

KGB department of Atyrauski region initiated a criminal case in regard to Turkish company “Zafer Inshaat” accused in falsification of certificates on passing AIDS test for its employees in Atyrau. Personal correspondent of “Habar” agency Victor Sutyagin tried to get comments n this regard from vice-president of the company Ibragim Seifettinogly. However, he was not even permitted to enter the office. At the office entrance I. Seifettingly announced that he “does not have any comments”.

“Karavan”, Zaure Zhumaliyeva (Petropavlovsk City)

Personal correspondent of the newspaper “Karavan” of North Kazakhstan region Zaure Zhumaliyeva appealed to chancellery of regional Akimat with question in regard to mechanism of receipt of information on decisions and orders of the regional Akim. Journalists of the regional newspaper receive such information in the chancellery on certain days. Employee of the chancellery responded that she “cannot solve this problem” without the management. Head of the department Marina Rybachenko in turn said that she needed to discuss how to present information to the correspondent of “Karavan” with management of apparatus of the office of regional Akimat.

Press-service of the regional Akimat, according to Z. Zhumaliyeva, never informs correspondent office of “Karavan” about events, where important issues for life of the region are solved.

KTK (Petropavlovsk City)

On September 29 head of Administration of Correctional System of North Kazakhstan region M. Basybayev refused to the film-crew of KTK to shoot a mosque and divine service on the territory of a colony ES 144/3. Prior to this KTK journalists received such permit in the press-service of the regional administration of internal affairs. But on the day of shooting M. Basybayev refused on the pretext of KTK being a republican channel, therefore, it needs to agree on shootings with the Ministry of Internal Affairs of the RK. At the same time local mass media are permitted to enter institutions of correctional system of the region without such agreement.

KTK, Lyubov Gulyayeva (Almaty City)

Policemen of Auezovski district administration of internal affairs of Almaty City arrested 200 homeless people for identification, who settled down in an empty accommodation of a kindergarten in one of the districts “Orbita” without authorization. One of the managers of the district administration of internal affairs Kozybayev to the question of KTK’s journalist Lyubov Gulyayeva responded that police arrested nobody and that there was incident at all. And when KTK’s film-crew finally found these people, policemen prohibited shooting.

KTK, Olga Panchenko (Almaty City)

A citizen with pretensions came into the reception office of Akimat of Almaty City, saying that he has not money to feed his three children, due to the fact that he has been unemployed for a long period of time now, and in protest sticked into his neck office scissors. Akimat employees did not permit KTK’s film-crew, which instantly arrived to the incident scene, to see the victim.

Refusal in presentation of information to a journalist in the aforementioned cases is illegal. Citizens’ right to receive any unlimited in dissemination by law information is guaranteed by the article 20 of the Constitution of the RK. According to the article 20 of law of the RK “On mass media”, a journalist has a right to conduct search, receive and disseminate information. He also has a right to visit state agencies and organizations of all types of property and be admitted by its official individuals. Rights of journalist provided for by law result in turn corresponding obligations for official individuals. Moreover, refusing a journalist or a citizens in presentation of information important to the public, an official individual of a state agency directly violates its main obligation, provided for by the article 9 (paragraph 3) of law of the RK “On state service”: provision of compliance and defense of rights, freedoms and legal interests of citizens.

Refusal in presentation of information or limitation of access to it may be disputed in court.