Open Letter of editorial staff of newspaper “Uralskaya Nedelya” and journalist Lukpan Akhmedyarov
27 april 2010
To:
Chairman of Supreme Court of the Republic of Kazakhstan M. Alimbekov
Chairman of Union of Judges of the Republic of Kazakhstan V. Borisov
Public Prosecutor of the Republic of Kazakhstan K. Mami
Chairman of Agency of Struggle for Economic and Corruption Crimes of the Republic of Kazakhstan K. P. Kozhamzharov
Minister of Justice of the Republic of Kazakhstan R. T. Tusupbekov
Head of Center of Court Expertise of Ministry of Justice of the Republic of Kazakhstan K. K. Amankulov
Public Prosecutor of West Kazakhstan Region D. Baytukbayev
Chairman of West Kazakhstan Regional Court M. Smagulov
Dear Ladies and Gentlemen!
Judge of City Court №2 of Uralsk Aysha Irgalieva has examined a suit of JSC “Tengizneftstroy” to the newspaper “Uralskaya Nedelya” and journalist Lukpan Akhmedyarov. She has made a court decision. Editorial staff of the newspaper “Uralskaya Nedelya” should publish refutation recover KZT 20000000 (USD13605).
The charges stemmed from article “For the coverage of tender” by L. Akhmedyarov, which was published in the newspaper “Uralskaya Nedelya” on August 06, 2009. JSC “Tengizneftstroy” has begun construction on place of prospective gas – transmission pipeline “Zhympity – Karatuba” before summarizing. Servicemen of JSC “Tengizneftstroy” have been sure in their victory on the tender.
Lawyer of plaintiff did not deny fact of preparation which was done earlier, concerning project for tender.
Public Prosecutor’s Office of West Kazakhstan region did not control information on facts of corruption during tender in the article. It was not done after publication of material and during legal proceeding. Public Prosecutor A. Makhambetova has been on legal proceeding; sustained a claim of plaintiff. Editorial staff and journalist should make recovery of KZT 100000 (USD 680).
It discredited business reputation of JSC “Tengizneftstroy”; affected on image of plaintiff. Judge A. Irgalieva had thought that it was weighty proof in this case. She did not provide any fact of discrediting of business reputation of plaintiff, but mentioned about his merits. Judge A. Irgalieva dismissed expert examination of argue material, which was made by linguistic experts. It was done by request of the editorial staff of newspaper. She agreed with conclusions of experts of Centre of Court Expertise of Ministry of Justice of the Republic of Kazakhstan. They distorted cites, restructured questions and could not distinguish information from opinion.
Editorial staff of the newspaper “Uralskaya Nedelya” did not intervene to activity of judges during effectuation of justice; relied on fair and objective solution of problem in appeal court instance. This legal proceeding has been the most important for Kazakhstan’s media outlets. They asked to give explanations for some questions of common matter:
Chief Editor of the newspaper “Uralskaya Nedelya” Tamara Eslyamova.
Correspondent of the newspaper “Uralskaya Nedelya” Lukpan Akhmedyarov.
Chairman of Supreme Court of the Republic of Kazakhstan M. Alimbekov
Chairman of Union of Judges of the Republic of Kazakhstan V. Borisov
Public Prosecutor of the Republic of Kazakhstan K. Mami
Chairman of Agency of Struggle for Economic and Corruption Crimes of the Republic of Kazakhstan K. P. Kozhamzharov
Minister of Justice of the Republic of Kazakhstan R. T. Tusupbekov
Head of Center of Court Expertise of Ministry of Justice of the Republic of Kazakhstan K. K. Amankulov
Public Prosecutor of West Kazakhstan Region D. Baytukbayev
Chairman of West Kazakhstan Regional Court M. Smagulov
Dear Ladies and Gentlemen!
Judge of City Court №2 of Uralsk Aysha Irgalieva has examined a suit of JSC “Tengizneftstroy” to the newspaper “Uralskaya Nedelya” and journalist Lukpan Akhmedyarov. She has made a court decision. Editorial staff of the newspaper “Uralskaya Nedelya” should publish refutation recover KZT 20000000 (USD13605).
The charges stemmed from article “For the coverage of tender” by L. Akhmedyarov, which was published in the newspaper “Uralskaya Nedelya” on August 06, 2009. JSC “Tengizneftstroy” has begun construction on place of prospective gas – transmission pipeline “Zhympity – Karatuba” before summarizing. Servicemen of JSC “Tengizneftstroy” have been sure in their victory on the tender.
Lawyer of plaintiff did not deny fact of preparation which was done earlier, concerning project for tender.
Public Prosecutor’s Office of West Kazakhstan region did not control information on facts of corruption during tender in the article. It was not done after publication of material and during legal proceeding. Public Prosecutor A. Makhambetova has been on legal proceeding; sustained a claim of plaintiff. Editorial staff and journalist should make recovery of KZT 100000 (USD 680).
It discredited business reputation of JSC “Tengizneftstroy”; affected on image of plaintiff. Judge A. Irgalieva had thought that it was weighty proof in this case. She did not provide any fact of discrediting of business reputation of plaintiff, but mentioned about his merits. Judge A. Irgalieva dismissed expert examination of argue material, which was made by linguistic experts. It was done by request of the editorial staff of newspaper. She agreed with conclusions of experts of Centre of Court Expertise of Ministry of Justice of the Republic of Kazakhstan. They distorted cites, restructured questions and could not distinguish information from opinion.
Editorial staff of the newspaper “Uralskaya Nedelya” did not intervene to activity of judges during effectuation of justice; relied on fair and objective solution of problem in appeal court instance. This legal proceeding has been the most important for Kazakhstan’s media outlets. They asked to give explanations for some questions of common matter:
- Can legal entity feel moral inflictions?
- May Public Prosecutors ignore p.98 of Order of General Prosecutor of the Republic of Kazakhstan № 60 “On Procuracy Supervision for Law Enforcement, Keeping of Human Rights and Freedoms and Citizen in Social and Economic Sphere?” (dated on November 21, 2002)
- May experts distort the meaning of questions to which they must answer?
- Is it possible to ignore material status of defendant under assessing?
- Does the law ratify or suspend activity of independent media outlets by request of business structures?
Chief Editor of the newspaper “Uralskaya Nedelya” Tamara Eslyamova.
Correspondent of the newspaper “Uralskaya Nedelya” Lukpan Akhmedyarov.
