Human Rights Watch (HRW) has called upon Kazakhstan’s authorities to ensure a fair appellate process for a journalist imprisoned for allegedly disseminating false information, urging a significant revision of the nation’s speech offense laws. This appeal from HRW is in connection with the case of Daniyar Adilbekov, an investigative journalist, sentenced to four and a half years following accusations against Kazakhstan’s Vice Minister of Energy concerning corruption through a Telegram post. The case has sparked considerable attention, with journalists collectively petitioning for Adilbekov’s release, denouncing the punishment as disproportionate.
In HRW’s critique, the group argues that Kazakhstan’s approach to reputational speech offenses clashes with international freedom of expression principles. HRW emphasizes that existing civil defamation statutes suffice to address reputational damage claims, suggesting that Kazakhstan’s current criminal sanctions should be abolished to better align with Article 19 of the International Covenant on Civil and Political Rights (ICCPR). This section asserts freedom of expression while permitting necessary, lawful restrictions concerning legitimate objectives.
The HRW’s stance highlights that imprisonment is an excessive penalty for speech offenses and cautions against the chilling effects that such measures could impose on Kazakhstan’s independent journalistic endeavors. The organization also requests that Kazakhstan’s international allies press for reforms that bolster free speech rights, aligning with recommendations from the United Nations General Comment N°34, which also advocates for the decriminalization of defamation.
Kazakhstan’s legal framework on expression, supported by Article 20 of its constitution, purports the guarantee of free speech. However, HRW argues that the current legislative execution trails behind its international commitments, urging reform to remove the misuse of laws that restrict journalistic freedoms. This is not the first appeal to Kazakhstan by HRW; the organization has previously voiced concerns over various human rights issues, such as earlier this year when it questioned the credibility of charges against a women’s rights advocate in the country, as outlined here.
For more on HRW’s full statement and the broader implications of the journalist’s case in Kazakhstan, visit HRW’s website.