Lawyer Murat Adam-Baigaliyev gave a speech at the UN about pressure on journalists in Kazakhstan, while simultaneously taking part in the criminal prosecution of journalist Oleg Gusev and calling for his isolation. This contradiction undermines trust in human rights rhetoric, believes journalist Gulbanu Abenova.
A verdict is expected to be announced soon in Almaty in the criminal case against journalist Oleg Gusev. The proceedings were initiated following a complaint from a certain Ye. Sadvakassova and were classified under Article 147 of the Criminal Code of the Republic of Kazakhstan (“Violation of Privacy”).
As reported on her Facebook page by Gulbanu Abenova, Gusev repeatedly stated publicly that the information which formed the basis for the criminal prosecution was obtained by him from open sources.
As is evident from open court hearings, the complainant is represented by lawyer Murat Adam-Baigaliyev. According to Gusev, at the preliminary court hearing on 18 June, the representative of the injured party petitioned for his isolation for the duration of the trial. The arguments cited included the journalist’s potential influence on public opinion, witnesses, and the court.
At the same time, just a few days after that hearing, Murat Adam-Baigaliyev took part in an international human rights event in Geneva. At the UN platform, he delivered a report dedicated to issues of pressure on journalists and freedom of speech in Kazakhstan.
“These two facts – participation in the criminal prosecution of a specific journalist and public statements about protecting freedom of speech on the international stage – raise questions and appear, at the very least, contradictory,” writes Abenova.
According to her, this is not about a legal assessment of the lawyer’s actions — such an assessment can only be given by a court within the framework of current legislation. However, from the perspective of public perception, such a situation undermines trust in human rights rhetoric and calls its sincerity into question.
“In other words, during the period when he was communicating with Bazhkenova and the liberal milieu, he was simultaneously taking part in a case against another journalist, urging the judge to lock him up, and then, as if nothing had happened, spoke at the UN about how independent media are being mistreated here?” the post states.
It is noted that it is precisely such contradictions — not individual criminal cases — that cause the greatest damage to trust in the human rights community and in the very idea of defending freedom of speech.
Recall that earlier, criminal cases were opened against the editor-in-chief of the publication ORDA, Gulnar Bazhkenova. Searches were carried out at the media outlet’s office, and she herself was placed under house arrest by a court decision.
Bazhkenova’s lawyer, Murat Adam-Baigaliyev, issued an appeal, characterising what was happening as the use of torture. The lawyer’s statement received widespread public attention and discussion on social media.
At the same time, it became known that Murat Adam had a criminal record. During the election for chairman of the Republican Bar Association, he explained the incident as a student prank involving a neighbour. However, according to available information, the incident occurred in a courthouse after a hearing. The victim was an elderly female witness. The lawyer publicly insulted her and pushed her, after which she contacted the police.
The conflict took place in front of bystanders and was captured on cameras. The court found the lawyer guilty, sentencing him to community service and compensation.