(IPI/IFEX) – In a 13 March 2001 letter to President Nursultan Abishevich Nazarbayev, IPI strongly condemned the prosecution of an editor and a historian in Kazakhstan. According to IPI’s sources, on 13 March, the Almaty District Court was to resume the trial of Ermurat Bapi, editor-in-chief of the newspaper “SolDat”, and historian Karishal Assanov. The […]
(IPI/IFEX) – In a 13 March 2001 letter to President Nursultan Abishevich Nazarbayev, IPI strongly condemned the prosecution of an editor and a historian in Kazakhstan.
According to IPI’s sources, on 13 March, the Almaty District Court was to resume the trial of Ermurat Bapi, editor-in-chief of the newspaper “SolDat”, and historian Karishal Assanov. The two stand accused of “insulting the dignity and honour of the Kazakh president”. Kazakhstan’s Criminal Code provides for fines or prison sentences for offending the President of the Republic. The charges are based on an article critical of the president written by Assanov which appeared in “SolDat” last summer. The court is proceeding with the case in spite of the fact that the issue containing the article was seized by Kazakh customs police while being transported from Russia and never distributed within the country. “SolDat” is printed in Russia since printers in Kazakhstan reportedly refuse to print the newspaper due to its criticism of the authorities.
This is the latest effort by the authorities to apply pressure on “SolDat”. In the past, the newspaper was accused of defamation after it reprinted articles from foreign publications concerning high-level corruption in Kazakhstan (See IFEX alert of 9 August 2000). Moreover, on 23 October 2000, the authorities prevented Bapi from leaving the country by confiscating his passport. “SolDat” has also had its bank account frozen by the authorities in connection with investigations into alleged defamation.
IPI notes that the practice of employing so-called insult laws to protect public officials has been internationally denounced and it has been acknowledged that they should be repealed immediately if democracy is to function properly. Under the guise of “protecting the honour and dignity” of public officials these laws are used to muzzle critical reporting and punish individuals who express an opinion different from those in power.
Since a charge under these laws does not need to be based on, nor substantiated, by facts, they have a chilling effect on freedom of speech and have been abused by authorities to silence reporting they find too critical or embarrassing. Subsequently, they create a climate in which journalists resort to self-censorship in fear of being persecuted for carrying out their profession.
Moreover, courts around the world – including the European Court of Human Rights – have on several occasions stressed the fact that public officials should be open to more criticism in order to allow for a transparent and dynamic public debate. Open criticism, and the ensuing debate on the performance of elected officials, are cornerstones of any democracy.
Moreover, IPI drew attention to the fact that the Kazakhstani government has endorsed the 1992 Alma Ata Declaration on the promotion of an independent and pluralistic Asian media which stressed the need to “replace redundant press laws … with laws that create enforceable rights to freedom of expression”. The practice of using insult laws against journalists is incongruous with the Alma Ata Declaration and in contradiction with internationally excepted standards.
Recommended Action
Send appeals to the president:
– stating that that the decision to charge Assanov and Bapi with “insulting” the president of Kazakhstan is in gross violation of everyone’s right to “seek, receive and impart information and ideas through any media and regardless of frontiers”, as guaranteed by Article 19 of the United Nations Universal Declaration of Human Rights
– noting that any claim of libel should be dealt with in a civil court, not a criminal one, and if the accused is found guilty, a published correction or apology is a proper and ample remedy to any harm caused
– stating that no one should be punished for reporting the truth or expressing an opinion
– calling on him to take the necessary steps to ensure that the charges against Assanov and Bapi are withdrawn and that “SolDat” is allowed to be printed and distributed freely in Kazakhstan
– urging him to repeal Articles concerning insult from Kazakhstani legislation, including Article 46 of the constitution which states that the “President of the Republic of Kazakhstan, his honour and dignity shall be inviolable”
Appeals To
APPEALS TO:
H.E. Nursultan Abishevich Nazarbayev
President
Office of the President
11 Mira Street
473000 Astana, Aqmola Oblysy
Kazakhstan
c/o Embassy of Kazakhstan in Austria
Fax: + 43 1 367 917 533
Please copy appeals to the source if possible.
