Briefing Paper On Fundamental Rights In Kazakhstan.pdf

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The briefing paper for the EU-Kazakhstan Human Rights Dialogue in November 2016 highlights key concerns regarding fundamental rights protection in Kazakhstan. It emphasizes a restrictive media and free speech climate, with pressure on independent media, arbitrary website blocking, and criminal prosecution of journalists and activists noted by both the European Parliament and the UN Human Rights Committee.

Defamation lawsuits pose significant threats to independent media's financial viability. Examples include Nakanune.kz facing a reduced but substantial fine for corruption allegations, Jas Alash newspaper ordered to pay compensation over defamation, Tribuna Sajasi kalam losing a defamation suit, and Uralskaya Nedelya fined by a police officer.

Criminal cases against individuals exercising freedom of expression have increased. Broadly worded Criminal Code provisions, such as those banning incitement of discord and spreading false information, are used to restrict legitimate free speech. The UN Human Rights Committee has urged Kazakhstan to revise these laws for clarity and compliance with international standards.

Defamation remains criminalized, particularly protecting public officials, which conflicts with freedom of expression principles. Notable cases include the imprisonment of Nakanune.kz editor Guzyal Baydalinova and bans on activists for inciting discord through social media posts.

Activists convicted under these laws have been added to a terrorism and extremism financing list by the Ministry of Finance without clear criteria or court decisions, raising concerns about financial operation restrictions. Additionally, regular reports indicate blocking of news and social media websites in Kazakhstan.