“Kloop” was isolated from society based on a psychiatrist’s certificate
The Kyrgyz authorities slammed the media after a publication about the family business of the head of the National Security Committee Kamchybek Tashiev
Original of this material
© Fergana.Ru12/14/2024, Liquidation of “Kloop”,
Many people associate Friday evening with the beginning of the weekend, when they have the opportunity to relax and not think about work. But this statement does not apply to Kyrgyz courts – it is common for them to stay late, even on the eve of the weekend. February 9 at ten o’clock in the evening local time Oktyabrsky District Court of Bishkek announced the decision, according to which the claim of the capital prosecutor for the liquidation of the public fund (PF) “Kloop Media” was satisfied. We are talking about a legal entity that manages an independent media outlet of the same name. The verdict was made based on the results of several examinations, including the conclusions of a psychologist. Fergana reviewed the process, which most human rights activists consider to be another act of pressure on freedom of speech in Kyrgyzstan.
Origins of the claim
The history of the confrontation between the online publication Kloop and the authorities of the republic did not begin yesterday. Since its founding in 2006, the editors have taken a position of “truth tellers,” publishing, in particular, investigations of corruption cases involving high-ranking officials. This, of course, could not please the heroes of such materials. In connection with this, the publication was threatened with blocking the site. Therefore, a few years ago, the administration of the web resource was prepared – on the main page of the site there were instructions for readers in case the site was closed: in this case, welcome to mirrors, that is, copies of the main portal protected from restrictions.
But until the summer of 2023, the threats did not take the form of real sanctions or criminal cases. Many experts believe that the deterioration of the situation for the independent publication began on August 22, when the Kloopa website an investigation came outdedicated to the opening of the Barcelona football club academy in Kyrgyzstan. Journalists, having rummaged through the documents, found out that a large-scale sports project is being implemented by relatives of the head of the State Committee for National Security Kamchybek Tashieva and those close to the country’s President Sadyr Japarov. It is noteworthy that the head of the republic admitted this fact, stating that this business case is being dealt with by “the Tashievs, Japarovs and other foreign investors.” The politician, however, focused the public’s attention on preserving the budget: they say that private capital was invested here, the only way the state helped was by allocating 16 hectares of land for the construction of a facility that would pay off 16 times.
Perhaps this is a coincidence (although such coincidences are difficult to believe), but a week later a statement of claim appeared on the Internet on behalf of the Bishkek prosecutor’s office against the Kloop Media Public Fund. Moreover, judging by the scan, the document itself is dated exactly August 22.
Formally, the supervisory agency demanded that the court liquidate the public fund, since its activities do not comply with the charter. The explanation states that the organization has taken on the functions of developing journalism in Kyrgyzstan and providing a platform for the expression of public opinion on socio-political and other issues. But the dissemination of information is not specified in the charter, so the Public Fund does not have the right to supervise a full-fledged publication. In addition, Kloop is not listed in the state media register, the Bishkek prosecutor’s office emphasized.
@ostorozhno_novosti, 08.28.2023 18:31: The State Committee for National Security (SCNS) has been studying materials on the media website since 2021 and came to the conclusion that the publications “are aimed at sharply criticizing the policies of the current government. Most of the publications are of a purely negative nature, aimed at discrediting representatives of state and municipal bodies.” Security officials believe that the articles “contain hidden manipulations and create opposition to any initiatives of the current government.”
What does the prosecutor accuse journalists of? Kloop’s reports allegedly cause “mental disorders,” “sexual anomalies,” and drug addiction in readers. And the materials generate emotions of fear and anxiety, so the masses lose confidence in their abilities. Against this background, their lot is “spiritual depression and hopelessness, leading to the development of mental disorders, sexual anomalies, and chemical forms of addiction.” Kloop is one of the main independent media in the country, which writes about corruption, violations of rights and freedoms; on the project’s website there is already a link to a “mirror” that will have to bypass the blocking. — Insert K.ru
To be continued
However, this was only a formal reason for closing the legal entity managing the editorial office. In the statement of claim, city officials practically prepared a dissertation on the topic “Why Kloop should be liquidated.”
Among the reasons:
– publication of texts aimed at sharply criticizing the policies of the current government;
– negative materials discrediting representatives of state and municipal bodies (with a list of headlines of relevant articles and news);
– public calls to seize power;
– protecting the interests of the neighboring state when covering the Kyrgyz-Tajik border conflict;
– distribution of materials that can lead to hostility and discord on ethnic grounds.
And this whole matter is supported by quotations from officialdom taken from the reports of various examinations, including reports of specialists from the Ministry of Justice, linguists and even psychiatrists. The latter did their best, issuing a certificate replete with buzzwords and specific terms. For example, it is alleged that the publications of the publication “contain propaganda of a negative attitude in order to distort the thinking of the population from generally accepted norms and standards,” as well as “distorting the people’s perception of the current government.” As a result, journalists from independent media are accused of “zombifying” Kyrgyzstanis to organize rallies and revolutions.
Since the republic has seen several revolutions and coups d’etat, one can imagine the danger Kloop poses. The Ministry of Culture, empowered to block objectionable sites, responded immediately. Already at the beginning of September, the department found a reason to limit access to the media resource that “zombifies” the population. This time the attention of experts was attracted by the news headline “Politician Ravshan Dzheenbekov said that he is being tortured in pre-trial detention center-1”, in which officials saw “deliberately false information.” No one explained which specific words of the text contained the fake. But, apparently, the point is that the ministry understands “torture” in a narrow sense, for example, when it comes to beatings or the use of other types of physical violence. Here, Dzheenbekov, through his social networks, complained about being transferred to a cold and damp cell located in the basement of the pre-trial detention center. As you can see, there is no assault, but we note that human rights activists often equate such actions of guards with torture, since they contain elements of psychological pressure. Moreover, Kloop used the post of the prisoner himself as a primary source, that is, in essence, the news was a rewrite of the text with direct quotes.
But the ministry has already launched the machine of Internet repression. A few days after the threat from the regulator and the refusal of the editors to remove the scandalous material, providers, on instructions from above, began to block access to the website of the independent media.
Evening court
On February 9, the next meeting was held in the Kloopa case, following which the verdict was announced. The process itself began earlier, even then experts attacked the editorial office, blaming it for many troubles, especially that people become depressed after reading such news. For example, during the hearings on February 5, psychiatrist Zhekshenbek Aralbaev argued that after the publications of this media, people have problems with mental health. However, then the specialist did not provide a single proof of his words.
At the same time, the defendant’s lawyers provided the court with information about the re-registration of the Kloop Media charter, which added a clause stating that the fund has the right to organize media outlets. Actually, the proceedings could then be closed, since the lawyers “neutralized” the reason for liquidating the PF. But the prosecutor’s office came to the rescue and prepared a petition to cancel the re-registration. And the authority considering the case largely ignored the fact that the charter had been changed.
But on February 9, various experts continued to speak. Kloop reported from the courtroom, and after reading it, you simply cannot ignore the individual opinions of experts.
Representative of the Republican Center for Narcology Zhanna Karaeva stated, that the publication does not show “civic responsibility,” which is why the “population of people with mental disorders” is growing in the country. The Kyrgyzstani woman cited the “negativity” present in every Kloopa article as the only proof of her judgment. The expert also voiced a solution to the problem, advising journalists to publish entertaining content.
Karaeva did not provide statistical data on the number of readers who fell ill after visiting the editorial website. But now Kloop employees stepped up and made this information public. So, according to information from the National Statistical Committee of Kyrgyzstan, the peak number of patients with mental disorders occurred in 2013 – 13,183 people. Then a broken graph was observed: for example, in 2020 the figure dropped to 6,569 cases, and in 2022 it rose to 10,796. At the same time, you understand, the style of materials of the defendant media has practically not changed over the years, so its connection with citizens who have fallen into depression is at least doubtful.
Another psychology specialist, Veronika Terekhova, pleased the court with some specifics. She said that she met a man who, after reading Kloop, ended up in the hospital with a mental disorder. True, he was diagnosed not with pathology, but with “sharpened features” of the disease.
“Your publications, your subtext form a negative perception of the authorities, a negative perception of Kyrgyzstan in general. People do not see a future in Kyrgyzstan. This is all a layer of negative emotions when people then begin to experience such shifts. Not exactly mental illness, but breakdowns, when you cut someone off on the road, insults to each other,” Terekhova recited.
It remains to add that, according to journalists, this woman has a letter of gratitude from the State Committee for National Security. Moreover, her profile on the Odnoklassniki social network states that Terekhova works in the ninth department of the republic’s special service. Conflict of interest? No, the court did not hear anything about this.
Without delaying the matter, at the beginning of ten o’clock in the evening the judge made a decision: to satisfy the claim of the Bishkek prosecutor’s office and to liquidate the Kloop Media Public Foundation.
The lawyers were unhappy with the verdict. One of them, Nurbek Sydykov, highlighted a number of violations committed during the process:
– they did not call an expert who skipped three meetings in a row;
– personal publications of Bektur Iskender (the founder of the publication) were considered together with the publications of “Kloop”;
– the court decision was made outside working hours;
– the judge did not disclose to the experts their rights and obligations and did not take the corresponding subscription from them;
– the experts did not provide any facts.
In turn, representing the interests of the defendant Akmat Alagushev statedthat the defense accepts the information of linguistic experts, but does not agree with the data of psychologists and psychiatrists, since they provided an opinion without any hard evidence. He added that the lawyers intend to appeal the verdict and an appeal will be filed within the time limits established by law.
Heading towards the DPRK
Of course, the decision to liquidate the foundation that oversees the activities of independent media, which allows itself to criticize the authorities, can be regarded as another step in the suppression of freedom of speech in Kyrgyzstan. Especially considering that this trial took place against the backdrop of other similar cases. Let us remind you that the State Committee for National Security is putting pressure on the 24.kg news agency, sealing the editorial office and preventing employees from fully performing their duties. A case of war propaganda has been opened against the media.
And another law enforcement agency, the Ministry of Internal Affairs, staged a “raid” on journalists related to the online projects “Ait Ait Dese” and Temirov Live. 11 people were taken into custody after being accused of inciting mass riots. In this case, the security forces, according to a familiar pattern, hide behind the results of a linguistic examination, which revealed a violation of the law in the materials of the mentioned information resources.
Moreover, it is hardly worth waiting for a calm on this “front”. The fact is that deputies of the Kyrgyz parliament are currently discussing two more bills that promise new persecution of independent publications. Thus, the law “On Mass Media” implies additional difficulties in registering media and accrediting journalists, but it frees the hands of the regulator, who will be able to revoke permits at the first opportunity, for example, for publications that discredit the honor and dignity of government officials.
“You want to control all the media, this is wrong. Then you will limit 150 Internet providers and cellular operators. You create the opportunity to take away licenses whenever you want and from anyone. You give media registration to two departments – the Ministry of Justice and the Ministry of Digital Development, but do not indicate the gradation,” – named shortcomings of the project, deputy Alisher Erbaev.
But, since the document was initiated by the presidential administration, it has a good chance of being approved at all levels.
But the law “On Non-Profit Organizations” is aimed at limiting the rights of non-profit organizations, which may include the media. According to the amendments, the concept of structures receiving funding from abroad and engaged in political activities is introduced. Additional bureaucratic barriers will be created for them in the republic; they will be punished for “attacks on the personality and rights of citizens.” Moreover, the latter norm is being introduced into the Criminal Code, and for such a crime, a representative of an NGO can receive up to ten years in prison. In a word, this document is practically a copy of the Russian law on “foreign agents”. Deputies of the Jogorku Kenesh (parliament) continue to argue about the adoption of the bill, but it has the potential to be translated into reality. At least in response to criticism from US Secretary of State Antony Blinken on this issue, Kyrgyz President Sadyr Japarov answered quite sharply, asking the politician not to interfere in the internal affairs of the republic.
Thus, Kyrgyzstan continues to tighten the screws on independent media. This has already been reflected in the fact that in the World Press Free Index, published in May last year, the country fell by 50 positions at once. We dare to assume that at this rate the republic could lose even more seats in a year and slide to the bottom of the list, joining Turkmenistan, Iran and North Korea.