Commercial Court Upholds Press Freedom, Denies All Provisional Measures Sought by Kyrgyz Bank
BRUSSELS, Belgium – July 31, 2025 – The Brussels Commercial Court has rejected all provisional measures sought by Bakai Bank OJSC Kyrgyzstan against the Open Dialogue Foundation (ODF), protecting the organization’s constitutional right to publish investigative reports on sanctions circumvention. The court found insufficient legal basis for the bank’s demands to remove ODF’s well-documented publications exposing potential sanctions evasion schemes. Legal proceedings on the merits remain pending.
The bank wanted its name removed from ODF’s report and submission, and the withdrawal of ODF’s publication on the lawsuit that Bakai Bank is bringing against the Foundation.1,2,3
In its July 7, 2025 ruling, the Tribunal de l’entreprise francophone de Bruxelles declared “receivable but unfounded” Bakai Bank’s provisional demands seeking censorship of ODF’s sanctions monitoring.
“The Court has chosen to protect legitimate public interest research from intimidation tactics designed to suppress transparency and accountability,” said Lyudmyla Kozlovska, President of the Open Dialogue Foundation.
Background: Monitoring Sanctions Circumvention
The legal challenge arose from ODF’s meticulously documented reports published in May 2023, July 2023, and March 2025, which analyzed publicly available economic data suggesting that certain Kyrgyz financial institutions facilitated access to international banking services for Russian nationals during the sanctions period. ODF’s research documented dramatic increases in banking activity in Kyrgyzstan coinciding with Western sanctions implementation, including Bakai Bank’s reported 1,203% profit increase in 2022.
The bank sought provisional measures requiring immediate removal of the publications, notification of all authorities who received ODF’s reports, and prominent display of any court judgment on ODF’s website. The court’s rejection of these demands ensures that ODF’s research remains publicly accessible.
Combating Strategic Lawsuits Against Public Participation
The case represents a textbook example of a Strategic Lawsuit Against Public Participation (SLAPP) – an abusive legal action designed to silence critics through the burden of legal defense costs and procedural harassment. The bank waited 18 months after ODF’s initial publications before filing suit, suggesting the legal action was prompted by continued international attention rather than immediate reputational damage.
While this victory was secured under existing Belgian constitutional protections, it demonstrates the crucial importance of robust anti-SLAPP mechanisms as Belgium develops legislation to implement the EU’s Anti-SLAPP Directive 2024/1069. The case illustrates why swift adoption of comprehensive anti-SLAPP protections in Belgium is essential to shield civil society organizations from legal intimidation before such harassment can impose devastating costs. The timing underscores the urgent need for stronger safeguards as foreign entities increasingly weaponize European legal systems to suppress legitimate public interest reporting.
About the Open Dialogue Foundation
The Open Dialogue Foundation defends human rights, rule of law, and democracy across post-Soviet states. The organization monitors sanctions circumvention, documents human rights violations, and advocates for political prisoners. ODF’s work spans from individual advocacy cases to comprehensive policy research supporting EU institutions’ efforts to counter authoritarian influence, transnational financial repression and enforce international sanctions.
For interviews and additional information:
Lyudmyla Kozlovska, President
[email protected]
Cover photo: rechtbanken-tribunaux.be
