Communication
2509/2014
Submission: 2014.05.06
View Adopted: 2021.07.19
The author claimed that the state of Kazakhstan violated his rights under articles 14, 19 and 26 of the Covenant by subjecting him to unjustified restrictions on his right to freedom of expression as the editor-in-chief of the newspaper Pravda Kazakhstana. The Committee found that the State party had failed to justify the multiple and severe sanctions imposed on the author and on Pravda Kazakhstana, thus violating his right under Article 19 of the Covenant.
The author was the editor-in-chief of the newspaper Pravda Kazakhstana, which obtained its registration number from the Ministry of Culture and Information of Kazakhstan on 8 February 2007. An application for a new registration number was duly submitted to the Ministry on 25 August 2007, subsequent to which the author was appointed as the editor-in-chief of the newspaper. In the absence of any response from the Ministry to its application for a new registration, the newspaper continued to operate on its last known registration number. The author was found guilty by a Specialized Inter-district Administrative Court of Almaty for the use of an old registration number on 9 August 2013 and on 26 September 2013, and was ordered to pay a fine. The author appealed against the court’s decision, however his appeal was rejected by the Appeals Board on Civil and Administrative Cases of the Almaty City Court on 24 October 2013. The author also submitted a similar appeal to the Office of Prosecutor, which was rejected on 21 February 2014.
The Committee found the author’s communication is not precluded by article 5 (2) (b) of the Optional Protocol from examining the present communication. It also found that the author failed to demonstrate or provide evidence to corroborate his claim that the conduct of the proceedings were arbitrary or amounted to a manifest error or denial of justice, and found his claim under article 14 as inadmissible. It also noted that the author failed to provide detailed information, explanations or evidence in support of violation of his claim under article 26 of the covenant, and therefore found his claim under article 26 as inadmissible. The Committee, however, found the author’s claims under article 19 of the Covenant as admissible and proceeded with its consideration of the merits.
The Committee recalled that a free, uncensored and unhindered press or other media is essential in any society to ensure freedom of opinion and expression and the enjoyment of other Covenant rights, and constitutes one of the cornerstones of a democratic society. This implies a free press and other media able to comment on public issues without censorship or restraint and to inform public opinion. The public also has a corresponding right to receive media output. States parties should ensure that the legislative and administrative frameworks for the regulation of the mass media are consistent with the provisions of article 19 (3) of the Covenant. The Committee found that the State party had failed to justify the multiple and severe sanctions imposed on the author and Pravda Kazakhstana as being necessary and proportionate to the legitimate aim pursued, as set out in article 19 (3) of the Covenant. The Committee concluded that the author’s rights under article 19 (2) of the Covenant had been violated.
The State party is obligated, inter alia, to:
The State party is also under an obligation to take all steps necessary to prevent similar violations from occurring in the future. In this connection, the Committee reiterates that, pursuant to its obligations under article 2 (2) of the Covenant, the State party should review its legislation with a view to ensuring that the rights under article 19 (2) of the Covenant, including the right to impart information and ideas in print, may be fully enjoyed in the State party.
Deadline: 15th January 2022
By Sugandha Sawhney
