“ARTICLE 19 calls on the government of Kazakhstan to publically condemn the attack on Baytalak and ensure that a thorough and detailed investigation is launched. The authorities also need respond to the fact that serious attacks against journalists have occurred too often and investigations are carried out in an inadequate manner. So far no attackers have been identified in case of Ularbek Baytalak, and also no one has been identified as ordering the attack in the case of Lukpan Akhmedyarov”, said ARTICLE 19 executive director Dr Agnes Callamard.

Journalists ever more intimidated

Baytalak was found on the morning of 9 August and taken to hospital in Astana, with injuries including broken teeth, bruises, lips that had been torn off, a traumatic brain injury and a severe chest wound. According to the doctors he cannot walk and will have to stay in hospital for approximately one month.

As reported by his colleague, Zangar Karimkhan, a photographer from the newspaper Ult Times, Baytalak was severely beaten on the head using a heavy object, kicked, and heard the sound of gunfire. Baytalak also reported hearing his assailants indicate that they wanted to kill him.

The attackers undressed the journalist and took his clothing, a folder with documents, his mobile phone, press identification and 50,000 KZT (USD 335). “We do not rule out the possibility that the attack is related to his professional activities; he works for the opposition press. An ordinary robbery in his case is also doubtful, because ordinary robberies are not accompanied with such severe beatings”, said Tamara Kaleyeva, president of the ARTICLE 19’s national partner, press freedom organisation, Adil Soz.

Earlier in April the journalist Lukpan Akhmedyarov, who is known for his criticism of the current government and participation in protest gatherings, was stabbed eight times with a knife in the area of his heart and shot twice by an automatic gun by a group of unknown men. According to Lukpan and his colleagues the attack might have been related to his recent publication entitled “Brat, svat i blat”.

Legal system provides framework for oppression

Various international organisations along with ARTICLE 19 reviewed the civil law regime concerning defamation in Kazakhstan, contained in the Civil Code of Kazakhstan and the Tax Code of Kazakhstan. The review concludes that despite some positive elements of the regime, such as the right of reply, and the explicit provision that legal entities cannot claim compensation for moral harm of defamation, the regulation fails to provide safeguards for free expression and meet international defamation standards. In particular, the Civil Code does not require from judges to balance between reputation and freedom of expression and examine how the protection of the first affects the second.

Moreover, the definition of defamation in the Civil Code is overbroad and allows for punishment even in cases when the defamatory statements are true. ARTICLE 19 says that by failure to distinguish between opinions and statements of fact, the Civil Code does not protect opinions in line with international standards.

Finally, defendants do not have a defence of truth, and a defence of ‘reasonable publication’, and thus, journalists can be held liable for defamation even though they have acted in accordance with journalistic ethics. 

Additionally, the protection of personal images does not correspond to international standards. Setting an outright ban on the use, publication, reproduction, and distribution of images without the consent of the persons depicted, the provision unnecessary limits the right to freedom of expression and disproportionately restricts the media reporting on matters of public interest by the use of images.

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