28.06.2024 13:21:00
Дата публикации
This week a court hearing was held in Almaty with the participation of the head of the legal practice of the Eurasian Digital Foundation, Elzhan Kabyshev, representing the interests of the plaintiff Seit R. and the defendants represented by Kar-Tel LLP (Beeline & IZI) and Mobile Telecom Service LLP (Tele2 / Altel).
Let us recall that claims were filed in early March 2024 by the Coalition of Human Rights Organizations alleging violations of the rights of subscribers of communication services due to an Internet shutdown in January 2022.
The lawsuit stated that Decree of the President of the Republic of Kazakhstan No. 725 “On the introduction of a state of emergency in the city of Almaty” dated January 5, 2022 does not mention the measure of shutting down the Internet. The restriction of access to the Internet and communications was carried out on the initiative of individual government agencies or telecom operators, without relying on a presidential decree, as required by the state of emergency law.
The court did not find the telecom operators to be at fault for the shutdown and sided with the defendants, justifying the decision by the fact that the defendants did not spontaneously restrict access to communications, including the Internet.
In voicing the decision, the judge also mentioned the norm of the Law “On Communications”, namely paragraphs 1-2 of Article 41-1, which allows the chairman of the National Security Committee, his deputies and heads of territorial bodies to suspend the operation of networks, communication services and access to the Internet in the event of a threat of serious crimes .
They must notify the authorized bodies in the field of communications, the media and the Prosecutor General's Office about this within 24 hours. However, it is not clear how citizens were supposed to find out this information in the media if there was no connection, and an atmosphere of fear and uncertainty reigned on the streets.
“The operators did not answer whether they received the document on the basis of which the network was disconnected. As a response, a certain “initiative” of government agencies was mentioned, which served as a trigger for the launch of the shutdown in Kazakhstan.
But anything can be signed up to this initiative, including informal processes. Today this moment remains secret. We will prepare an appeal against this court decision,” Kabyshev commented on the decision.
“The decision of the Almaly District Court in Almaty not to hold telecommunications companies accountable is a loss for human rights in Kazakhstan and throughout the region,” says Natalya Krapiva, senior technology counsel at Access Now.
Natalia also noted that the responsibility of governments issuing orders to shut down the Internet should not be discounted; telecom companies must ensure that such orders have legal force and challenge them so as not to contribute to the harm caused by Internet shutdowns.
(text translation is carried out automatically)
Let us recall that claims were filed in early March 2024 by the Coalition of Human Rights Organizations alleging violations of the rights of subscribers of communication services due to an Internet shutdown in January 2022.
The lawsuit stated that Decree of the President of the Republic of Kazakhstan No. 725 “On the introduction of a state of emergency in the city of Almaty” dated January 5, 2022 does not mention the measure of shutting down the Internet. The restriction of access to the Internet and communications was carried out on the initiative of individual government agencies or telecom operators, without relying on a presidential decree, as required by the state of emergency law.
The court did not find the telecom operators to be at fault for the shutdown and sided with the defendants, justifying the decision by the fact that the defendants did not spontaneously restrict access to communications, including the Internet.
In voicing the decision, the judge also mentioned the norm of the Law “On Communications”, namely paragraphs 1-2 of Article 41-1, which allows the chairman of the National Security Committee, his deputies and heads of territorial bodies to suspend the operation of networks, communication services and access to the Internet in the event of a threat of serious crimes .
They must notify the authorized bodies in the field of communications, the media and the Prosecutor General's Office about this within 24 hours. However, it is not clear how citizens were supposed to find out this information in the media if there was no connection, and an atmosphere of fear and uncertainty reigned on the streets.
“The operators did not answer whether they received the document on the basis of which the network was disconnected. As a response, a certain “initiative” of government agencies was mentioned, which served as a trigger for the launch of the shutdown in Kazakhstan.
But anything can be signed up to this initiative, including informal processes. Today this moment remains secret. We will prepare an appeal against this court decision,” Kabyshev commented on the decision.
“The decision of the Almaly District Court in Almaty not to hold telecommunications companies accountable is a loss for human rights in Kazakhstan and throughout the region,” says Natalya Krapiva, senior technology counsel at Access Now.
Natalia also noted that the responsibility of governments issuing orders to shut down the Internet should not be discounted; telecom companies must ensure that such orders have legal force and challenge them so as not to contribute to the harm caused by Internet shutdowns.
(text translation is carried out automatically)
