On August 20, the Specialized Interdistrict Administrative Court of Astana ruled against RFE/RL-Kazakhstan, also known as Radio Azattyk, in its lawsuit challenging the Ministry of Foreign Affairs’ refusal to accredit seven of the outlet’s journalists.
Judge Smagulov read out the court’s decision:
“The court concluded that the ministry’s decision is lawful, and therefore the claim has been denied.”
He added:
“The plaintiff’s claim that the employees are not foreign journalists is unfounded, as a foreign journalist is defined as any individual who has contractual or other relationships with a foreign media outlet.”
The decision was made with reference to Decree 4, Article 30 of the Mass Media Law, which prohibits individuals affiliated with foreign media from engaging in journalistic activities in Kazakhstan without prior accreditation.
This law was adopted in 2024, despite serious concerns raised by both national and international human rights organizations. According to a brief published in April 2024 by the International Partnership for Human Rights (IPHR) and the Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR), the law contains several provisions that do not meet international standards for freedom of expression and media freedom.
A legal analysis published by the OSCE in October 2023 highlighted certain positive elements in the then-draft law, such as an explicit ban on censorship and fixed response times for authorities when handling media requests. However, the analysis also raised concerns about vague definitions, broadly worded content restrictions, lack of independent media regulation, and expanded government powers to deny accreditation or suspend media activities without a court order.
The head of Azattyk’s office in Almaty, Kasym Amanzhol, told the independent online magazine Vlast.kz that the outlet plans to appeal the court’s decision.
The court case and the Ministry’s refusal to grant accreditation directly contradict the recommendations presented in IPHR and KIBHR’s briefing, which urged authorities to:
“Ensure that requests for accreditation filed by foreign journalists are promptly considered and that such requests are not rejected on arbitrary grounds.”
The decision against Radio Azattyk raises concerns about the continued use of accreditation rules by the authorities as a tool to restrict independent and foreign-affiliated media.
Sources:
International Partnership for Human Rights (IPHR) and Kazakhstan International Bureau for Human Rights and Rule of Law (KIBHR), Key Trends Regarding the Protection of Fundamental Rights in Kazakhstan: Briefing Paper for the EU–Kazakhstan Human Rights Dialogue, April 2024.
Vlast.kz
Radio Azattyk
