A Resonating Arrest, FMA Detains Journalist Mikhail Kozachkov 

Information regarding the arrest of Journalist Mikhail Kazachkov caught Kazakhstan’s society off guard on what seemed like a typically calm Sunday.

Kazakhstan’s Financial Monitoring Agency (FMA) would release a statement:

“Kospayev and his accomplices were well aware that the seizure of companies from well-known entrepreneurs would cause a negative public outcry and this could thwart their criminal plans. That is why Kospayev used the services of Kozachkov in order to carry out information attacks on the victims of raider seizures. In turn, Kozachkov attracted his friend Zhanseitov Burkhan, who had many years of experience in law enforcement agencies, to assist the organized criminal group for a generous reward. The latter, through his connections, collected compromising information for the needs of the organized crime group, including for subsequent publication,”

FMA (DETAILS)

Mikhail Kozachkov is a well-known Kazakh journalist who publishes his materials with the media outlet, Vremya and on his telegram channel Kozachkov offside. The channel has 91,000 subscribers.

Kozachkov is known for his investigations. He has recently written extensively about corruption in public administration and law enforcement agencies. He has criticized the work of the former chairman of the Supreme Court and the personnel policy of the Prosecutor General's Office in his more recent work.

Kozachkov reported that he was being followed this past spring. He assumed that people working in state bodies were assigned to him in order to identify the journalist's informants. Kozachkov does not hide the fact that his sources' work is associated with law enforcement agencies.

Something Ain’t Right Here.

Despite the controversy surrounding some of Kozachkov’s work, the way the FMA handled his arrest is concerning. After the FMA’s announcement about Kozachkov’s arrest, reports about a search being conducted at his apartment began to circle social media.

The lawyer of Kozachkov’s wife claimed that the search team would not allow her to enter the premises.

"I do not know about Kozachkov's detention itself, I have not been there. I came to the search, which is being conducted at his house, in the interests of his wife, and I was not allowed in. I arrived at 17:00, at 17:01 there was the first call to the prosecutor on duty, I explained the situation, also described the situation in an SMS and sent the same information to the prosecutor of Almaty. The prosecutor on duty first told me, after several calls, that he could not help in any way, now he does not pick up the phone. I call him periodically, he doesn't pick up. The prosecutor, to whom I sent the message, read it, but did not answer and does not answer calls. I believe that this is obstruction of advocacy. I have concerns that something illegal is being done in the apartment, so they don't want to let lawyers, extra witnesses in there. I have concerns even for my principal (Kozachkov's wife – Editor's note),"

Lawyer Anna Veretelnikova

Comments on the legality of the situation then followed:

“We are concerned about non-compliance with procedural norms, reports by lawyer Anna Veretelnikov that the search takes place without the presence of a lawyer.

We would like to draw attention to the fact that the text of the press release of the Financial Monitoring Agency violates the presumption of innocence and Article 77 of the Constitution of the Republic of Kazakhstan: "A person is considered innocent of committing a crime until his guilt is recognized by a court verdict that has entered into force."

Mikhail Kazachkov is a professional journalist, a graduate of Al-Farabi Kazakh National University, has more than twenty years of career experience.

Adil Soz is ready to provide assistance to Mikhail Kozachkov and is concerned about the increasing pressure on investigative journalism in Kazakhstan, which fundamentally contradicts the political reforms announced by President Toqayev.”

Adil Soz, Fund For The Protection of Freedom of Speech

Other legal professionals voiced their intentions to look into the possible violations against the lawyers protecting Kozachkov’s family: 

"The Presidium of the National Bar Association is aware of the events related to the release of the FMA press release on the detention of journalist Kozachkov. We declare that the lawyers are not involved in this case. The detailed position of the bar will be announced after consultations with the lawyers involved in the case. The Commission for the Protection of the Rights of Lawyers of the Republican Bar Association is preparing a conclusion on the existence of a violation of the professional rights of lawyers, 

"We urge FMA employees to act in strict accordance with the requirements of the Criminal Procedure Code and the Constitution of the Republic of Kazakhstan. If the facts of violation of the rights of lawyers are established, the RKA [ed. National Bar Association] will take measures to bring the perpetrators to the responsibility provided for by law.",

National Bar Association of Kazakhstan

Kozachkov’s colleagues at Vremya also did not hesitate to make their voices heard.

“Our law enforcement agencies, even on the day of detention, could not hide the fact that the criminal case is just a pretext for reprisals against Kozachkov. Today, for example, when Mikhail was detained, his apartment was searched without the defenders of the detainee and his wife. Lawyer Anna Veretelnikova tried to get into the apartment for several hours. I even complained to the prosecutor on duty. Naturally, no one responded to her complaint. When they take revenge, they don't remember the law…”

Vremya

The President’s press secretary, Ruslan Zheldibay, expressed the need to abide by the law:

“President Qasym-Jomart Toqayev received an appeal from a number of representatives of the media community regarding an investigation against journalist, Mikhail Kozachkov.

In this regard, it should be noted that this high-profile case should be considered exclusively in the legal field in strict accordance with the legislation of the Republic of Kazakhstan. The Prosecutor General's Office is obliged to ensure supervision over the legality of the investigation and, in accordance with the procedure established by law, to provide the necessary explanations.

All legal rights of the detained journalist as a citizen of Kazakhstan must be fully respected,”

Presidential Press Secretary, Ruslan Zheldibay.

Well, He Said That She Said..

The actions of the FMA are undoubtedly worthy of criticism. At the same time, the work of Kozachkov likely put him under the microscope. Kozachkov later wrote a letter claiming his detention is personal revenge of the chairman of the Financial Monitoring Agency, Zhanat Elimanov.

"Elimanov is offended by my article about his wife. I really wrote about her when she became a complaitant in the case of a financial pyramid scheme, and Elimanov, apparently, was offended,"

Kozachkov wrote in an open appeal that was published on the Facebook page of lawyer, Elena Zhigalenok. 

There have, however, also been appeals addressed against Kozachkov. Almas Abdygapparov's wife made a statement on the detention of journalist Kozachkov. Almas was found guilty of embezzling 420 million KZT. Aidos Kospayev allegedly used this as an opportunity to seize property belonging to the Abdygapparov family.

Olga Abdygapparova claims that her family suffered from Kozachkov’s actions no less than from the actions of the raiders. The woman said that her husband’s elderly parents needed medical assistance after each of Kozachkov’s publications.

“All this was aimed at discrediting our family by order of raiders and aggressors. When they made pseudo-victims out of the members of the organized criminal group by manipulating public consciousness,”

Olga Abdygapparova

Representatives of Bolat Nazarbayev have denied his connection with Yeldos Kospayev according to the press service of the Salikaly Urpak Public Foundation reports.

“There are no business, partnership or other relations connecting Bolat Nazarbayev and his son Nurbol with Yeldos Kospayev, and there were no previous relationships,”

The letter from the Saliqaly Urpaq Foundation received by KazTAG agency.

You Can’t Handle The Truth.

Toqayev instructed the prosecutor's office to look into media representatives’ concerns regarding the supposed investigation violations on the morning of December 20.

Despite Kozachkov’s unique track record, one cannot help but hope that there will be corrections in the investigating party's conduct, perhaps even a change of personnel. Although the FMA released supposed evidence proving Kozachkov’s “culpability”, the immediate assumption of the journalist’s guilt discredits their efforts and puts FMA's professionalism into question.   

If Kozachkov is truly guilty, then the burden of proof lies on the accusers and said proof should be brought before an objective court. Yet the court’s actions in the case thus far have also proven to be worrisome, as they decided the restraint measure against Mikhail Kozachkov behind closed doors. Only later did scant information on his two-month custody emerge.