Statement of the “Adil Soz” and “Internews”

The International Foundation for protection of freedom of speech “Adil Soz” and the International public organization “Internews” express definite protest against numerous cases of violation of legislation of the Republic of Kazakhstan, manifested in illegal hindering of conduction of television shooting, often entailing physical violence.

Prohibitions on conduction of shooting on enterprises of service and commercial sphere, on the pretext of private property, became widespread. Film-crews’ requests to be present on industrial objects in emergency cases, which have characteristics of ecological, medical and other incidents, were turned down on the same pretext.

This year, leaders of limited responsibility partnership “Globus” of Semipalatinsk City broke television camera and beat up the film-crew of the channel TVK-6, in attempt to prohibit shooting of the burning bus owned by the limited responsibility partnership. The film-crew of the television channel “Otyrar” of Shymkent City were met with uncensored swearwords in the joint-stock company "Shymkent Trans Agency”. The director of “City water supply” of Petropavlovsk City A. Baboshko attacked the cameraman of the municipal television channel Tulegen Imanov, when the last was shooting a story on illegal removal of sand from the bank of Ishim. At the end of July the television cameraman of KTK Serik Kovlanbayev was beaten up on the central market of Almaty, while he was shooting a story on strike of salespeople. Larisa Chernenko, the correspondent of the channel has also suffered and the crew’s television camera was broken. In one day the cameraman of the television company “Yuzhnaya stolitsa” Yerzhan Syzdykov was beat up on the same place. The list of similar illegal actions goes on.

Frequency and prevalence of these cases allow us to talk about formed negative tendency on practical limitation of Constitutional right of citizens for reception and dissemination of information and rude violation of law of the RK “On mass media. Practical permissiveness of authorities and impunity of false “censors” are the basis of this occurrence.”

In regard to references on inviolability of private property the Foundation “Adil Soz” and “Internews” think that removal of journalist from private property, as well as selective limitation of the shooting g object, are illegal. Visit of territory, which is particularly intended for use of an unlimited number of individuals (customers of a gas station, a market or shops), in accordance with the legislation of Kazakhstan, cannot be selectively limited for someone. As well as nobody has a right to refuse a journalist in object of shooting or selectively limit it, if this object is not specifically protected by law (state secrets, official, commercial and private secrets). Moreover, such limitation is not allowed in regard to information, which is important to the public.

Law of the RK “On mass media”, permits journalist “visit state agencies, organizations of all types of property and be received by officials…”, “make recording by means of use of audio, video equipment, film and photo shooting …”, “be present in extreme district disasters upon presentation of ID, on meetings and demonstrations, as well as during other forms of expression of public, group and private interests and protests”. However, as practice shows, appeal to these norms during moment of conflict in regard to right to shoot, has little effect, due to the fact that opponents, as a rule, are occupied not with observation over legality, but with concealment of information. Warning about criminal responsibility may have greater impact in accordance with the article 155 of the Criminal Code of the RK “Hindering of legal professional activity of a journalist.” Unfortunately, although this article was introduced into operation in 1998, it still was not used, as it is known from the practice of criminal court proceeding.

The foundation for protection of freedom of speech “Adil Soz” and the International public organization “Internews” appealed to the office of general prosecutor of the Republic of Kazakhstan with request to take special control over cases, connected with use of coercion in regard to journalists, while they were carrying out professional activity. We are appealing to mass media leaders and journalists with insistent advice to conceal such cases and obtain punishments of the guilty. Only in joint effort it is possible to break this dangerous tendency.

The president of the International Foundation for Protection of freedom of speech “Adil Soz”