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In practice police routinely hold detainees, with the sanction of a prosecutor, for weeks or even months without bringing charges, and prolonged detention is a serious problem. The General Prosecutor's office was reported in the official Russian-language newspaper Kazakhstanskaya Pravda as Non subscription online dating in khvoy that law enforcement authorities held more Girl to fuck it now in osakarovka 7, persons in custody longer than legally allowed in Government officials have subsequently denied this, but no other statistics concerning the scale of this practice have been made available.
Additionally, short 3-hour and long hour detentions for "suspicion" are used widely. A bail system exists, but government officials indicate that only 47 persons were released on bail in the first 8 months of the year no figure for total detainees was available, but 28 persons were released on bail out of the 26, persons detained in the first 8 months of According to the Constitution, every person detained, arrested, or accused of committing a crime has the right to the assistance of a defense lawyer from the moment of detention, arrest, or accusation. This right generally is respected in practice.
Human rights monitors allege that law enforcement officials have pressured prisoners to use certain attorneys or to refuse the assistance of an attorney, sometimes resulting in a delay before the accused sees a lawyer. Detainees also may appeal the legality of detention or arrest to the prosecutor before trial, but in practice most persons refrain from making an appeal due to fear of reprisal for doing so. If the defendant cannot afford an attorney, the Constitution provides that the State must provide one free of charge. Human rights organizations allege that many prisoners are unaware of Girl to fuck it now in osakarovka provision of the law.
The Government's reluctance to provide a lawyer is partly attributed to a shortage of funds to pay court-appointed lawyers to which defendants are entitled. Some lawyers are reluctant to defend clients unpopular with the Government. Almaty authorities detained well-known criminal defense lawyer Anatoly Ginzburg for 3 days in July after Ginzburg agreed to defend a man charged in a high-profile murder case. Ginzburg remained under investigation for allegedly stealing documents from the MVD inalthough no charges were filed. According to one press report, Ginzburg had been warned by "the authorities" not to defend Anatoly Adamov, the former deputy director of the national arms export agency, Kazspetsexport, in connection with the April 15 murder of Kazspetsexport director Talgat Ibrayev.
Ginzburg and human rights monitors alleged that the authorities detained Ginzburg in order to dissuade him from defending Adamov. In July the Union of Lawyers of Kazakhstan sent an open letter to the heads of the national law enforcement agencies to protest the Ginzburg case and a "universal" pattern of abuse of the rights of criminal defense lawyers. The letter charged that law enforcement authorities infringe on the rights of lawyers to meet confidentially, and as often as necessary, with defendants; deny lawyers access to government buildings, including the courts; search the lawyers' belongings when allowing them to enter; and surreptitiously record lawyers' conversations with clients.
In response to the letter, the Coordinating Council of the National Law Enforcement Agencies, under the chairmanship of the Prosecutor General, passed a resolution in August calling on the agencies to abide by the law and, where necessary, to draft new statutes guaranteeing that lawyers can effectively do their work. However, a representative of the local lawyer's association maintained that the Government had not passed any statutes facilitating lawyers' work by year's end. The Constitution prohibits forced exile, and the Government does not use it. Denial of Fair Public Trial Government interference and pressure compromised the court system's independence throughout the year--a situation based largely on legislative, administrative and Constitutional arrangements that in practice subjugate the judiciary to the executive branch of government.
A presidential decree signed in September sought to lessen executive branch control of the judiciary by moving responsibility for the courts' administrative support from the justice ministry to the Supreme Court, though its ultimate impact remained uncertain. There are three levels in the court system: Local; oblast provincial ; and the Supreme Court. According to the Constitution, the President proposes to the upper house of Parliament the Senate nominees for the Supreme Court. Nominees are recommended by the Supreme Judicial Council, members of which include the chairperson of the Constitutional Council, the chairperson of the Supreme Court, the Prosecutor General, the Minister of Justice, Senators, judges, and other persons appointed by the President.
The President appoints oblast judges nominated by the Supreme Judicial Council and local level judges from a list presented by the Ministry of Justice. The list is based on recommendations from the Qualification Collegium of Justice, an institution made up of deputies from the lower house of Parliament the Majilisjudges, public prosecutors, legal experts, and Ministry of Justice officials. Under a change introduced in December, the President appoints the collegium chairman. According to legislation passed in Decemberjudges are appointed for life, although in practice this means until mandatory retirement at age Under a presidential decree on the courts and the status of judges, the President can remove judges, except members of the Supreme Court or chairmen of judicial collegia, upon recommendation of the Minister of Justice.
The Minister's recommendations must in turn be based on findings by either the Supreme Judicial Council or Qualification Collegium of Justice that the judge failed to, or was no longer capable of, performing his duties. The President can request, based on recommendations from the Supreme Judicial Council, that the Senate remove members of the Supreme Court or chairmen of judicial collegia. The Council rules on election and referendum challenges, interprets the Constitution, and determines the constitutionality of laws adopted by Parliament. The President directly appoints three of its seven members, including the chairman, and has the right of veto over Council decisions.
The Council can overturn a presidential veto if at least two-thirds, or five, of its members vote to do so. At least one presidential appointee must therefore vote to overturn the President's veto in order for the Council to overrule the President. Citizens do not have the right to appeal to the Council about the constitutionality of government actions, although they were allowed to make such appeals to the former Constitutional Court. Under the Constitution, only the President, chairperson of the Senate, chairperson of the Majilis, Prime Minister, one-fifth of the members of Parliament or a court of law may appeal to the Constitutional Council.
The Constitution states that a court shall appeal to the Council if it "finds that a law or other regulatory legal act subject to application undermined the rights and liberties of an individual and a citizen. Oblast courts handle more serious crimes, such as murder, grand theft, and organized criminal activities. The oblast courts also may handle cases in rural areas where no local courts are organized. Judgments of the local courts may be appealed to the oblast-level courts, while those of the oblast courts may be appealed to the Supreme Court. There is also a military court. The Constitution and the law establish the necessary procedures for a fair trial. Trials are public, with the exception of instances in which an open hearing could result in state secrets being divulged, or when the private life or personal family concerns of a citizen must be protected.
According to the Constitution, defendants have the right to be present, the right to counsel at public expense if neededand the right to be heard in court and call witnesses for the defense. Defendants enjoy a presumption of innocence, are protected from self-incrimination, and have the right to appeal a decision to a higher court. Legal proceedings are to be conducted in the state language, Kazakh, although Russian also may be used officially in the courts. Proceedings also may be held in the language of the majority of the population in a particular area. In most cases, these rights are respected.
However, cases involving government opponents frequently are closed. Labor movement leader Madel Ismailov alleged that the Medeu district court in Almaty refused to allow the public to observe an administrative trial against him in April see Section l. The problem of corruption is evident at every stage and level of the judicial process. Lawyers and human rights monitors alleged that judges, prosecutors or other officials solicit bribes in exchange for favorable rulings in nearly all criminal cases. Judges are poorly paid. According to the Minister of Interior, in the Government dismissed MVD officers and initiated criminal proceedings against for corruption related crimes. The Prosecutor General stated that 9 senior prosecutors, 8 district prosecutors and 3 department heads had been fired for similar offenses.
The Ministries of Justice and Internal Affairs have received additional funding to increase salaries for law enforcement agents and judges.
Human rights monitors allege t these government actions only scratch the surface fhck the problem. According to press osakarlvka other accounts, judicial positions can be purchased. There were no political prisoners. However, opposition and human rights activists charged that the prosecution and imprisonment of Pyotr Afanasenko and Satzhan Ibrayev was politically motivated see section 1. The On provides that citizens have the right to "confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph nos other Girl to fuck it now in osakarovka. The Criminal Procedure Code allows the police and KNB to conduct searches or monitor telephone calls and mail without a warrant if they i the General Prosecutor's office within 24 hours of such activity.
Some government opponents complained that the Government monitored their movements and telephone calls. A central, state-run billing center 22 yr old dating 17 telecommunications services nod during the year. Few companies complied with government requirements to route their services through the center; those that did comply routed service only for the city of Almaty through the center. The Government presented the creation of the center as an attempt to ensure that all telecommunications traffic was being taxed properly. NGO's, opposition figures, and human rights monitors expressed concern that the Government would use the center nw enhance its ability to monitor telecommunications and control the availability of information on the Internet.
Government officials denied that this was their intent. As of year's end there was no effort to systematically block access to web sites. However, clients of the two largest Internet providers, Kazakhtelecom and Nursat, were blocked from direct access to Girl to fuck it now in osakarovka opposition Evrasia website from September 15 to October They still could access the site through proxy servers. Users of other Internet services could access the site without difficulty. A decree that would have required telecommunications companies to conform their equipment to KNB standards was repealed on May Human rights monitors and many potentially affected companies had sharply criticized the decree.
Section 2 Respect for Civil Liberties, Including: Freedom of Speech and Press The Constitution and a press and media law provide for freedom of speech and of the press; however, the Government restricted these freedoms in practice. The Government harassed independent and opposition media, and as a consequence many journalists practiced self-censorship. The media law reaffirms the Constitutional provision for free speech and prohibits censorship; however, the Government takes advantage of the law's vague language effectively to restrict media freedom.
For example the law prohibits the mass media from "undermining state security" or advocating "class, social, race, national, or religious superiority" or "a cult of cruelty and violence. The law also requires all media to register with the Government, but it does not set forth an appeals process, other than through the courts, if registration is denied. A vaguely written law on national security similarly restrains media freedom. It gives the Prosecutor General the authority to suspend the activity of news media that undermine national security. A state secrets law established a list of government secrets the release of which is proscribed in the Criminal Code.
Much of the information on the expansive list was vaguely defined and thereby likely to inspire media self-censorship. The law defines, for example, certain foreign policy information as secret if "disclosure of this information might lead to diplomatic complications for one of the parties. Also defined as state secrets was basic economic information such as the volumes and scientific characteristics of national mineral reserves and the amount of government debt owed to foreign creditors. In an April 19 speech to law enforcement officials, the President called for the verification of mass media compliance with the media and national security laws and how the media are financed.
The President sharply criticized much of the national mass media, including the Khabar state television channel, which is operated by his eldest daughter. He accused Khabar of tendentious reporting; he accused other unnamed media outlets of "inciting national strife, insulting the dignity of the people, coming out against the Constitutional system and disparaging their country. However, human rights monitors charged that the tone of the President's speech reinforced a climate of media self-censorship and law enforcement harassment of the media.
Nonetheless, new licenses for media of various forms continued to be issued and, according to the Government, the number of media outlets in the country increased. In October the Government introduced draft amendments to the media law that would limit foreign media rebroadcasters to per cent of a station's total air time, hold media outlets responsible for the accuracy of foreign media they rebroadcast, and force websites to register as media outlets. Journalists and NGO's charged that the draft law would infringe freedom of speech.
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The Government continued to be in a strong position to influence most printing and distribution facilities and to subsidize periodicals, including many that supposedly were independent. Although publications expressing views independent of the Government continued to publish, the Government took measures to punish publications that reported certain undesirable stories and harassed two publications that were affiliated with one of the opposition parties, measures taken with the evident intention of intimidating certain media critics. These actions and the resulting widespread belief that the Government was cracking down on independent media effectively resulted in widespread media Girl to fuck it now in osakarovka.
The court found, and an appeals court subsequently upheld, that the newspaper had violated the media law by publishing an article calling for the overthrow of the country's constitutional system. The article in question contained a public appeal from the leader of a Russian nationalist group arrested in November for plotting to overthrow the local government in Ust-Kamenogorsk. The newspaper had received a copy of the appeal at a news conference attended by other local media. The editor of HBC-Press asserted that representatives of the KNB at the press conference did not warn journalists not to publish the press release.
HBC-Press went out of business without resuming publication after the court-ordered suspension. The key subject considered "off limits" by journalists was personal criticism of the President and his family. Most newspapers did not present the story, widely reported in the western press, about alleged American and Swiss investigations into possible illicit payments by a foreign businessman to President Nazarbayev and two former Prime Ministers. However, The Globe, a small-circulation Russian-English bilingual newspaper based in Almaty, dedicated most of one edition to the subject. Law enforcement authorities visited the newspaper's office on the day the issue appeared, July 6, to summon its publisher for questioning.
The visit appeared to be in response to the content of the July 6 edition, although government officials characterized the visit as a routine tax inspection. The Globe stopped printing for a month after refusing, its management claimed, to agree to a request from its government-owned publishing house to refrain from including such controversial material. About 1 month after resuming publication, the newspaper announced that the publishing house would no longer print the newspaper following inclusion of an article critical of the Prime Minster. However, the newspaper continued to publish, and no charges were brought against the publisher, who remained abroad.
The Government took steps that inhibited the publication and distribution of newspapers affiliated with the opposition. The tax police temporarily seized newspapers during investigations of various printing houses; they were later returned. Both newspapers had difficulty finding printing houses willing to publish them, resulting in several missed editions. Twenty-First Century finally purchased its own small printing machine but on December 27 unknown individuals allegedly broke into their offices and short-circuited the machine.
Customs officials seized a run of Soldat newspaper when the editors tried to bring it across the border from Russia. These papers were also later returned. SolDat also attempted to print in the Kyrgiz Republic twice during the year, but both runs were confiscated by customs at the border. However, both newspapers continued to appear during the year. The KNB reportedly was investigating SolDat and its editor in chief, Yermurat Bapi, in connection with a complaint that the newspaper insulted the honor and dignity of the President, an offense proscribed in the Criminal Code.
The complaint arose from two articles in the newspaper's June 22 edition that reported corruption allegations against the President. The articles were purportedly reprints from Western publications. In June a government-run publishing house refused to continue printing SolDat. The Ministry of Agriculture publishing house had been printing the newspaper for 8 months. The chief of the publishing house told journalists that he acted because the newspaper's editors failed to meet unspecified contractual obligations. The management of SolDat denied the charge.
After SolDat subsequently began publishing in Russia, its management claimed that customs officials at a border crossing point near Semipalatinsk seized an entire print run of the newspaper on July 5. Editor in chief Bapi, who was transporting the newspapers, said that customs officials justified the action because Bapi misstated the number of newspaper bundles he was transporting. SolDat management publicly charged that officials seized the newspaper because it contained articles critical of President Nazarbayev on the occasion of his 60th birthday.
Twenty-First Century continued to have difficulty finding printing houses willing to publish it, though it managed to circulate with inferior print quality. On April 27, the tax police in Almaty seized an entire print run of the newspaper at a publishing house because of alleged tax violations by the printer. Government authorities said that the seizure was directed at the printer, not the newspaper. The independent newspaper Nachnyem s' Ponedelnika, which specializes in investigative articles about government corruption, continued to face a number of defamation lawsuits, many from government officials. After finding in favor of a defamation suit brought by the association of judges, a court in Almaty ordered the seizure of the newspaper's assets, along with the personal assets of its founder and executive director, on May Police confiscated the newspaper's print run, financial records, office equipment, and furniture, on the next day.
Management of Nachnyem s' Ponedelnika alleged that these and other lawsuits against it were politically motivated and that prosecutors, the tax police, and the mayor of Almaty were harassing the newspaper. Government officials denied they were conducting a campaign against the newspaper, and maintained that reckless allegations in the newspaper were responsible for the spate of civil law suits against it. Government's influence over media outlets is extensive. According to government statistics, there were 1, mass media and information agencies in the country as of September 1, 76 percent of them privately owned. However the Government runs the newspapers that appear most frequently, five times a week, a number of privately owned media are believed to be controlled by members of the President's family, and many of those which are nominally independent, particularly Kazakh-language print media, receive government subsidies.
There are a number of newspapers that are produced by government ministries, for example, Kazakhstan Science, which is published by the Ministry of Science. Each major population center has at least one independent weekly newspaper. There are 11 major independent newspapers in Almaty. The Government controls nearly all broadcast transmission facilities. There are 45 independent television and radio stations 17 television stations, 15 radio stations, and 13 combined television and radio stations. Of these, 11 are in Almaty. There are only two government-owned, combined radio and television companies; however, they represent five channels and are the only stations that can broadcast nationwide.
Regional governments own several frequencies; however, independent broadcasters have arranged with local administrations to use the majority of these. On March 31, the independent Almaty television channel 31 fired Tatiana Deltsova, the chief editor of its nightly news program, under what the station president publicly alleged was a government threat to close the station. The reported cause of Deltsova's dismissal was an article that she presented March 30 about vandals' attacks earlier that day on the homes of three leading Government opponents see Section 2. Government officials reportedly had expressed their dissatisfaction previously with Deltsova's coverage of the opposition.
At year's end, Deltsova was hosting a new news program on the television company TAN, an independent television station. There were no reports, as there were inthat the Government threatened not to renew broadcast licenses of out-of-favor independent stations. There were also no frequency auctions; many members of the independent media and human rights monitors believed that the Government used the auctions in the past to harass and even eliminate independent media. During the campaign for the January presidential election, many members of the independent media reported Government pressure not to cover opposition candidates.
Media coverage of the campaign for the October parliamentary elections was extensive and featured all candidates. Despite these improvements over the presidential election, independent media around the country reported official pressure to give the majority of their parliamentary election coverage to the propresidential Otan party. They also reported that government authorities told them to limit coverage of, and to focus on negative news about, the RNPK and Azamat opposition parties, as well as the Orleu "Progress" opposition movement. Some television editors claimed that they were told categorically not to cover certain opposition candidates.
The Constitution provides for the protection of the dignity of the President, and the law against insulting the President and other officials remained on the books. The media law did not control, as did the earlier media law, advertising in the mass media. One law restricts alcohol and tobacco advertising on television. The media law prohibited violence and all "pornography" from television broadcasts. Academic freedom is circumscribed. As is the case for journalists, academics cannot violate certain taboos, such as criticizing the President and his family. During the presidential election campaign ofthere were widespread credible reports that university and school administrators coerced faculty, students, and the parents of schoolchildren to sign nominating petitions for the reelection campaign of President Nazarbayev.
Administrators reportedly pressured faculty to join the propresidential Otan party formed later in According to credible reports, authorities in Karaganda pressured the administration of the private Bolashak University to cancel a scheduled April 11 lecture by a leading critic of the Government, political scientist Nurbulat Masanov. Masanov was unemployed since faculty at the state Al-Farabi University in Almaty voted in not to renew his contract, allegedly over his political views. Unknown vandals attacked Masanov's apartment, as well as those of two other opposition activists, in March see Section 2. Course topics and content generally are subject to approval by university administrations.
There were reports that university students in private as well as state universities sometimes had to pay bribes for admission and good grades. Freedom of Peaceful Assembly and Association The Constitution provides for peaceful assembly; however, the Government and the law impose significant restrictions. The law on national security defined as a threat to national security "unsanctioned gatherings, public meetings, marches, demonstrations, illegal picketing, and strikes" that upset social and political stability. Under the law, organizations must apply to the local authorities for a permit to hold a demonstration or public meeting at least 10 days in advance, or the activity is considered illegal.
In some cases, local officials routinely issued necessary permits. However, opposition and human rights monitors complained that complicated procedures and the day notification period made it difficult for all groups to organize public meetings and demonstrations. They reported that local authorities, especially those outside the largest city, Almaty, turned down most applications for demonstrations in central locations. Officials in Almaty authorized a March 31 demonstration in the center of the city by members of the opposition RNPK, although party members alleged that the authorities were complicit in allowing students from Interior Ministry and olympic-games training schools to disrupt the event.
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