Adil Soz asks Kazakhstan Supreme Court to review journalist profession bans
This digest was compiled by AI from multiple sources — links to the originals are below.
The Adil Soz freedom of speech foundation has asked Kazakhstan's Supreme Court to review the practice of banning journalists from their profession under Article 50 of the Criminal Code. The foundation says restrictions imposed on journalists in several cases go far beyond a professional ban and violate constitutional rights. The appeal follows a series of such bans, including one issued on August 18 against former Orda.kz editor-in-chief Gulnara Bazhkenova.
Key Facts
- Adil Soz has asked Kazakhstan's Supreme Court to review the application of Article 50 of the Criminal Code, which allows courts to ban convicts from certain activities.
- The foundation says restrictions imposed on journalists in several cases go far beyond a professional ban and violate constitutional rights.
- Journalists who have received such bans include KazTAG owner Aset Matayev, editor-in-chief Amir Kasenov, journalist Alexandra Alekhova, and former Orda.kz editor-in-chief Gulnara Bazhkenova, who was banned on August 18.
- In the case of Matayev and Kasenov, the court banned them from journalistic and public activity for five years.
- Adil Soz argues that the restrictions amount to prior censorship, as they prohibit a journalist from creating and publishing future materials regardless of content.
The Appeal
The Adil Soz foundation has formally asked the Supreme Court of Kazakhstan to review the practice of applying Article 50 of the Criminal Code to journalists. The foundation says the restrictions imposed on journalists in several cases go far beyond a professional ban and violate constitutional rights. The appeal follows a series of such bans, including one issued on August 18 against former Orda.kz editor-in-chief Gulnara Bazhkenova.
Scope of Restrictions
Lawyer Sergei Utkin analyzed the application of Article 50 using the sentence against Aset Matayev and Amir Kasenov as an example. The court banned them from journalistic and public activity for five years. According to Adil Soz, the restrictions cover not only work in the media but also creating or participating in mass media and online platforms, working as journalists or bloggers, publishing materials, appearing on air, and giving interviews. The ban also extends to participation in conferences, debates, telebridges, and television programs, as well as publishing opinions on socio-political and socio-economic topics. Human rights activities, including monitoring court proceedings and participating in public events, are also restricted.
Prior Censorship Claim
Adil Soz argues that the restrictions amount to prior censorship, as they prohibit a journalist from creating and publishing future materials regardless of content. The foundation notes that liability for an illegal publication can arise only after its dissemination, whereas Article 50 imposes a preemptive ban on the author and not-yet-created content. The foundation also considers the justification 'to prevent new crimes' insufficient for the five-year ban imposed on the KazTAG executives.
2 sources
Adil Soz asks Kazakhstan Supreme Court to review journalist profession bans
