OSCE Representative raises concern about recent media freedom developments in Kazakhstan

VIENNA, 25 September 2015 – OSCE Representative on Freedom of the Media Dunja Mijatović today said the recent developments in Kazakhstan related to freedom of the media and freedom of expression are worrying.

On 27 August, the administrative court in Almaty ruled to suspend ADAM magazine for three months and impose a fine on the publication for failure to publish materials in two languages, Kazakh and Russian, as stated in its registration certificate.  On 25 September, the decision was upheld by the appeals court.

“It is worrying that this minor administrative offence warrants excessive penalties that limit freedom of the media and pluralism of opinion,” Mijatović wrote in a letter to Erlan Idrissov, Kazakhstan’s Foreign Minister on 23 September. “This case again shows the need for urgent legal reform to remove disproportionate administrative penalties for media activities.”

Mijatović’s Office has previously provided the Kazakh authorities with a legal review of the administrative code that advised removing the disproportionate penalties for administrative missteps (the legal review is available at www.osce.org/fom/106021).  In November last year, the Representative also raised the issue of the suspension of ADAM magazine’s predecessor (press statement available at www.osce.org/fom/127436).

Mijatović also noted that on 8 September, a district court in Almaty ordered Ayan Sharipbayev, editor of ADAM magazine, to pay approximately €180,000 to the Deputy Chair of the National Security Committee for insulting his honour and dignity. In another case, an appeals court on 27 August upheld a ruling of a district court ordering Guzal Baidalinova, journalist and owner of the Nakanune.kz news website, to pay approximately €75,000 in damages to a private bank. The court found that one of the publications on a website had damaged the bank’s reputation.

“The above cases clearly constitute excessive restrictions on freedom of the media and freedom of expression,” Mijatović said. “I trust that the national judiciary will carefully reconsider all three cases.”

Mijatović also expressed concern about the blocking of the independent online portals Ratel.kz and Zonakz.net. According to reports, access to both portals has been interrupted since 9 and 10 September respectively. Alternate domains used in an attempt to restore service also have been blocked.

“I urge the authorities to look into this issue and help re-establish access to these websites,” Mijatović said. “Blocking is an extreme measure, which may disrupt the free flow of information and pose undue restriction on freedom of the media.”

The OSCE Representative on Freedom of the Media observes media developments in all 57 OSCE participating States. She provides early warning on violations of freedom of expression and media freedom and promotes full compliance with OSCE media freedom commitments. Learn more at www.osce.org/fom, Twitter: @OSCE_RFoM and on www.facebook.com/osce.rfom.