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

Head of Taldykorganski city court Kulmaira Shamshidinova came to the editorial office of the newspaper “Vecherniy Taldykorgan” and asked journalists not to publicize drunk uproar of a judge of city court Auyeskhan Sagyndykov made by him in park on September 18, recorded on videotape by journalists of this newspaper. However, the story was already publicized and having viewed the tape with “art” of her colleague head of the city court evaluated it synonymously: “What a shame”.

MTRK (Petropavlovsk City)

On September 14 journalists of municipal television of Petropavlovsk City prepared a story about destruction of confiscated alcohol by tax police for the evening newscast. During shootings homeless began to pilfer alcohol, taken for liquidation to the dump, and cameraman shot this scene on video. When material was in process of preparation for ether, an official, who was a member of committee on destruction of poacher product, called to the chief editor of the channel Haliya Zhetpysbayeva. He explained the incident with homeless by saying that there was no opportunity to arrange security. The official demanded not to show homeless in ether, threatening that in the opposite case tax police would never invite journalists of MTRK for similar event. Despite of the treats, the story was aired without cuts.

The article 20 of Constitution of the RK guarantees freedom of speech and creation. Nobody has a right to prohibit mass media print this or that material.

“Habar” (Astana City)

Speaker of Mazhilis of parliament of the RK Z. Tuyakbai during the regular session expressed dissatisfaction by inattention of “Habar” agency journalists to work of the parliament. Tuyakbai announced: “Let them say if we work poorly, and let them not keep silent if we work well.”

Deputy of Mazhilis Tatyana Kvyatkovskaya supported the speaker and suggested to obligate all mass media, in particular, state mass media, inform population about all meetings taking place in the parliament.

Parliamentarians wish about mandatory coverage of their work is not based on law. With force of the article 20 of the Constitution of the RK, the article 17 of law of the RK “On mass media” nobody has a right to obligate a mass medium to publicize this or that material. Official reports are subject to mandatory publication only in cases and limits, directly provided for in legislative acts.

IA “Coda”, Igor Lukin (Shymkent City)

Head of South Kazakhstani regional branch “Kuzet” Satbai Zhumabayev demanded from journalist Igor Lukin, who is working for informational agency “Coda”, to name information source on conflict between employee of his service and policemen of Suzakski district on freeway Chulak-Kurgan-Shymkent.

Demands on disclosure of information source are not based on law, due to the fact that every journalist, just like every author, with force of the article 20 of law of the RK “On mass media” has a right for secret of copyright and secret of information source. Secret can be opened only on request of court.

Russian-speaking mass media

Simultaneous translation was not provided during “governmental hour” in Mazhilis of the Parliament on September 11.

Russian-speaking mass media

During session of the government dedicated to preparation of celebration of 1500-year anniversary of Turkestan, seats for journalists were not provided with simultaneous translation. At the meantime biggest part of the session was conducted in Kazakh language.

Translation from Kazakh to Russian language was not provided during the press conference of the director of department of protection and quarantine of plants Saktash Hasenov, which was conducted in the building of the Ministry of agriculture. Questions and answers, which sounded in one language, were not translated into another language.

“State language in the Republic of Kazakhstan is Kazakh. Russian language along with Kazakh language is equally officially used in state organizations and local self-management agencies. Cited norm - article 7 of the Constitution of the RK - in our opinion, actually legalized two languages in the country: “along with Kazakh language is equally officially used…”. And if we also consider the fact that articles 6 and 26 of law “On languages in the RK” place care about development of languages in the RK, as well as staff, logistical, financial provision of their functioning on these state agencies, then it is not difficult to make sure that neither the aforementioned in the reports agencies, nor their press-services fulfill obligations placed on them in regard to these issues.

KTK, Zaure Zhumaliyeva (Petropavlovsk City)

On September 3 the film “Timiryazeskaya troika” (author Z. Zhumaliyeva, director L. Akchulakova) was featured on the television channel KTK in the program “Kodex”. The film tells about how materials on a murder case of a policeman in North Kazakhstani region were falsified, and as a result, actual criminal got away from responsibility. The film also contained severe critics addressed to the office of regional prosecutor, which was only unable to fulfill the task of realizing supervision over legality of investigation, but also it could not bring the investigator to responsibility for having falsified documents in the criminal case. Regional prosecutor Ivan Leskevich did not respond to criticism in any way. Nobody answered the questions raised in the film in oral or written form.

According to articled 177, 181 of the code of criminal procedures of the RK report n mass medium about crime, which was committed or is in process of preparation, may serve as a reason for initiation of criminal case. Individuals, carrying out managing functions in mass media, which published or disseminated such report, must transfer all materials confirming report made on request of an individual, who has a right to initiate a criminal case.

Office of prosecutor left the report about crime addressed to it, thus did not fulfill, in our opinion, its main constitutional obligation - taking measures on exposure and elimination of any violation of legality.

On September 12 trial session on lawsuit of Ms. Ephiopia Alemtsehai Alebachu addressed to the prosecutor and inspector of emigrational police of Zhetusyiski region headed by Z. Tatenkulova began. The subject of the lawsuit became an illegal placing of Ms. Alebachu to special admission unit for 9 days. Film-crew of the television channel KTK was invited to cover the trial procedure. However the judge Tatenkulova did not permit journalist to attend the procedure, justifying it by saying that “intimate details of the plaintiff’s life” are going to be disclosed during the trial. According to representatives of the plaintiff, lawsuit’s subject did not suppose disclosure of any intimate details, thus, the judge’s justification was absolutely far-fetched. Definition about announcing the trial as closed was not made as well.

Actions of the judge on limiting access to the film-crew to the trial hall are not based on law. According to the article 19 of the code of civil procedures of the RK, judicial examination in all courts and all judicial instances has to be conducted openly. Examination of cases, which contain information that constitutes state secrets, and also with presence of corresponding petitioning of individuals participating in the case, referring to necessity of securing secret protected by law, is conducted in closed trial session.

Video recording itself or direct television and radio transmission is permitted on authorization of court with consideration of opinions of individuals participating in the case. At the same time television shooting should not interfere with normal flow of judicial session and may be limited in time.