Freedom of Speech in Kazakhstan. International
Foundation for Protection of Freedom of Speech “Adil Soz” Press
Release
Despite of the numerous achievements which have been shown in
official letter of the Ministry of Information, the international
Foundation for Protection of Freedom of Speech “Adil Soz” considers
that situation with freedom of speech is hard to say as successful
in Kazakhstan.
There were 9 attacks on mass-media employees and their relatives in
2003. Four journalists have been already beaten since the beginning
of 2004. Failure provocation against Georgiy Melnikov, journalist of
“Vremya” newspaper, and unfortunately, successful attack on
“Diapazon” newspaper is brightly characterized the attitude of
government officials to critical notices. Vladimir Mikhailov, the
owner of “Diapazon” newspaper was convicted of one trumped-up charge
and being granted amnesty, and was convicted of another trumped-up
charge and arrested. Recently civil law court has been leading with
ruinous financial claims from the direction of local akimat leaders.
In spite of the Constitution that declares everybody‘s equality in
terms of the law, Civil Code of the Republic of Kazakhstan contains
6 articles, which provide responsibility for slander and insult. In
2003 the “Adil Soz” monitoring registered 21 incidents of
journalists’ criminal prosecution and 8 incidents had already been
recorded in 2004.
The most “used” is article 143 of the Civil Code of RK concerning
the protection of honor and dignity, business reputation of
individuals and legal entities. In 2003 there were 39 prejudicial
claims and 96 civil suits regarding protection of honor and dignity,
and other personal non-property rights. Burden of proof in these
disputes is completely laid on defendant, in other words, on
journalists and mass media. Charges claimed as moral damage
compensation made 100,132,600 thousands tenge. Authors of the claims
to mass media included 52 government officials, 42 legal entities
and 41citizens.
Government officials, both of government and public sector, have no
responsibility in terms of journalists and mass media rights
observance. Baseless limitations in providing of information of
public importance have mass character. In 2001, the monitoring of
breaches of freedom of speech carried out by “Adil Soz” registered
130 cases of baseless limitation and refusals in providing
information. In 2002 there were more than 263 notes and in 2003 –
415.
Within 3 months only of 2004, the monitoring registered 247
incidents of direct and indirect infringements of mass-media and
journalists rights, including 4 cases when journalists had been
beaten and 11 attempts to interfere in their creative work dictating
themes and content of publications. However, monitoring did not
register any incident of calling guilty to account. There are 27
claims and suits concerning protection of honor, dignity and
business reputation and compensation of moral damage addressed to
mass media. The total amount of claims is about 40 million tenge
(about USD 300,000).
Rejection of new law “Concerning Mass Media” by Constitutional
Council became an indubitably victory of Kazakhstani journalists’
society. President supported this decision and relieved journalist
from new problems, but did not solve the existing ones. There is no
need to wait when the newly-elected Kazakhstani Parliament begins
solving these problems. It is necessary to amend the current law
“Concerning Mass Media”, the Civil, Criminal and Administrative
Codes as soon as possible, approaching the legal environment of
journalists’ activity to international democratic standards.
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