Court Rejects Legal Media Center’s Lawsuit Against Astana Akimat Over Access to Information

The Astana Administrative Court has dismissed the Legal Media Center’s lawsuit against the city’s Akimat concerning access to information about peaceful assemblies, Orda.kz reports.

The Legal Media Center public foundation had requested information from the akim’s office on who regularly occupies designated sites for peaceful assemblies, rallies, and marches, and for what purpose. The response from the Internal Policy Department was vague and incomplete, essentially stating that “everything is always occupied.”

Frustrated by the lack of transparency, the organization filed a lawsuit to defend its right to access information.

The Hearing

During the hearing, Akimat representative Tabyrzhan Turunbayev argued that the claim was unfounded, saying the Akimat could not disclose details about who had reserved the rally sites or why.

The administration refused to disclose information about the topics of the events and the names of the organizers, citing the provisions of legislation on the protection of personal data and the absence of a legal obligation to disclose such information, said Turunbayev.

While withholding the names of organizers could be justified, Diana Okremova, head of the Legal Media Center, questioned what “personal data” could possibly be contained in the topics of upcoming rallies.

The Akimat’s response:

Any topic, if you know the topic and the organizers, is an indirect way to identify the organizer and disclose their personal information. I want to emphasize that this is also to ensure the protection of the organizers and participants of the event. At any event, there are inevitably people who hold opposing political and other views. And to prevent conflicts, provocations, and public disorder, we are guided by the following principles,  stated a representative of the Akimat.

According to Okremova, the Akimat’s website indicates that all designated rally sites are fully booked for upcoming events but provides no start or end times. In practice, this means the city’s peaceful assembly locations appear to be perpetually occupied, allowing officials to deny applications without issuing formal refusals.

After hearing both sides, Judge Rizagul Zhumadilova ruled to return the Legal Media Center’s claim due to a failure to comply with pre-trial procedures.

The organization had not appealed the Akimat’s actions to the authorized body for access to information — the Ministry of Culture and Information (MCI) — before filing the lawsuit.

This is our second lawsuit regarding the Akimat’s refusal to provide information. It’s a humorous situation, because the first time, our claim was returned because we missed the one-month timeframe. While we were completing all the pre-trial procedures, we legally filed a complaint with the Akimat. And while it was being reviewed, the deadline expired. Now we filed on time, but the judge said we didn’t contact the MCI. I suspect that if we file a complaint with the ministry, we’ll miss the one-month deadline again. It’s a vicious circle,  noted Okremova.

We have a law on peaceful assemblies, but in reality, citizens have no rights to peaceful assembly. The Akimat prevents anyone from holding these assemblies. That’s why they publish this fictitious list stating that we have at least four peaceful assemblies every day, added Okremova.

What's Next

Human rights defenders now plan to appeal to the Ministry of Culture and Information to complete all required pre-trial procedures. Meanwhile, the Akimat continues to give the impression that Astana is bustling with daily protests.

Incidentally, on October 8, activists from the organization ActivistsNonExtremists were once again denied permission to hold a rally — the 713th rejection they have received.

Original Author: Anastasia Prilepskaya

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