New criminal defamation cases against journalists in Kazakhstan threat to media freedom, says OSCE representative

BUDVA, 5 June 2014 – OSCE Representative on Freedom of the Media Dunja Mijatović today expressed her concern about two recent criminal defamation cases in Kazakhstan and plans to expand criminal defamation in the new criminal code.

“In a short period of time there have been two criminal defamation cases against journalists filed by high level officials, threatening the journalists with imprisonment for their critical views. These cases raise concern about the future protection of free media in Kazakhstan, not least in the light of the draft criminal code that is currently being discussed in parliament,” Mijatović said.

On 1 April journalist Valeriy Surganov was charged with obstruction of justice and slandering a judge after articles published on insiderman.kz, critically commenting on how a case had been handled by the judge. Surganov faces up to four years imprisonment.

On 5 June three deputies of the city parliament in Karaganda filed a complaint against Sergei Perkhalski, the editor of Vzglad na sobitie, based on an article in which the newspaper critically commented on an inspection of the public transport system. The police are currently investigating this case.

Mijatović also commented on the plans to expand criminal defamation in the new criminal code and to grant officials special protection.

“This amendment might further stifle public debate and jeopardize media freedom in Kazakhstan. I once again call on the members of the parliament to reconsider and instead use the current legal reform to decriminalize defamation,” Mijatović said.

Mijatović urged the authorities to take the recommendations from her office’s latest law review into account. The legal review is available at //www.osce.org/ru/fom/104489.

Mijatović is in Budva, Montenegro, attending the 39th meeting of the European Platform of Regulatory Authorities.

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 facebook.com/osce.rfom.