Court has dismissed appeal of newspaper "Zamana" ("Vremya") and journalist Kundyzay Kalauova
9 july 2010
On July 09, 2010 Judge of South Kazakhstan Regional Court Omar Serikbayev has dismissed appeal of the newspaper "Zamana" ("Vremya") and journalist Kundyzay Kalauova. The decision of Enbekshi District Court (Shymkent) about recovery of KZT50000 (USD340) in solidary order as moral damage and publication of the refutation was left in force.
Acting Director of Secondary School-Gymnasia № 38 of Shymkent M. Seyitkhozhayev. This suit was brought against editorial staff of the newspaper “Zamana” ("Vremya") and journalist Kundyzay Kalaouva. It was about protection of honor, dignity and business reputation.
The charges stemmed from article “Sponger, beast and drudge”, “Is it possible to call a schoolboy?” and “What for can schoolboy be expelled from school?”, "Why was Secondary School-Gymnasia № 38 of Shymkent controlled?" and "We disgraced... We suffered" by Kundyzay Kalauova published in the newspaper “Zamana” ("Vremya") on October 26 and November 02 and 11, 2009. These articles were devoted to violations of pedagogical ethic.
Experts of Public Centre of Expertise and Information Disputes of International foundation for Protection of Freedom of Speech "Adil Soz" examined four disputable articles. There were disputable expressions, which were contained in publications. They were related to estimations and personal opinions of schoolchildren and parents about facts, which were summarized in articles.
Kundyzay Kalaouva has mentioned about a incident in the court room on July 01, 2010. She thought that it could make an influence on the decision of Judge of South Kazakhstan Regional Court Omar Serikbayev. Journalist of the newspaper “Zamana” ("Vremya") G. Ashirbekova has made an audio record of legal proceeding. Judge of South Kazakhstan Regional Court Omar Serikbayev asked court officer to make act and take a dictophone from journalist. G. Ashirbekova has referred to normative decree of Supreme Court of the Republic of Kazakhstan (on October 28, 2005). She applied for Chairman of Board of Appeals of South Kazakhstan Regional Court E. Karabayev about illegal actions of the judge. Journalists of the newspaper“Zamana” ("Vremya") should recall their claim after rendering of court decision on July 09, 2010.
Acting Director of Secondary School-Gymnasia № 38 of Shymkent M. Seyitkhozhayev. This suit was brought against editorial staff of the newspaper “Zamana” ("Vremya") and journalist Kundyzay Kalaouva. It was about protection of honor, dignity and business reputation.
The charges stemmed from article “Sponger, beast and drudge”, “Is it possible to call a schoolboy?” and “What for can schoolboy be expelled from school?”, "Why was Secondary School-Gymnasia № 38 of Shymkent controlled?" and "We disgraced... We suffered" by Kundyzay Kalauova published in the newspaper “Zamana” ("Vremya") on October 26 and November 02 and 11, 2009. These articles were devoted to violations of pedagogical ethic.
Experts of Public Centre of Expertise and Information Disputes of International foundation for Protection of Freedom of Speech "Adil Soz" examined four disputable articles. There were disputable expressions, which were contained in publications. They were related to estimations and personal opinions of schoolchildren and parents about facts, which were summarized in articles.
Kundyzay Kalaouva has mentioned about a incident in the court room on July 01, 2010. She thought that it could make an influence on the decision of Judge of South Kazakhstan Regional Court Omar Serikbayev. Journalist of the newspaper “Zamana” ("Vremya") G. Ashirbekova has made an audio record of legal proceeding. Judge of South Kazakhstan Regional Court Omar Serikbayev asked court officer to make act and take a dictophone from journalist. G. Ashirbekova has referred to normative decree of Supreme Court of the Republic of Kazakhstan (on October 28, 2005). She applied for Chairman of Board of Appeals of South Kazakhstan Regional Court E. Karabayev about illegal actions of the judge. Journalists of the newspaper“Zamana” ("Vremya") should recall their claim after rendering of court decision on July 09, 2010.
