Сөз бостандығын қорғау халықаралық қоры
Международный фонд защиты свободы слова
The International Foundation for Freedom of Speech Protection

Court has wasted newspaper "Vzglyad"

26 may 2011
May 26, 2011

Board of Appeals of City Court (Almaty) has affirmed a court decision of Bostandyk City Court (Almaty) by suit about protection of honor, dignity and business reputation of Former Doctor of Fourth City Hospital Adil Keldybayev to the newspaper "Vzglyad" and patient Dmitriy Danilov. Editorial staff of the edition should recover KZT15000000 (1USD=145.17) and his patient KZT50000(1USD=145.17) as moral damage; publish a disclaimer of untruth information.

They intended to appeal a decision in cassational order.

There was a publication of articles "Liquidate your motion organs" ("Vzglyad" April 02, 2010) and "Sometimes, stones are returned" ("Vzglyad" April 04, 2010) in April, 2010. Dmitriy Danilov has said that his surgeon Adil Keldybayev did not provide detailed information on operation in hospital medical record. Danilov has made a letter-request to profiled instances. In March, 2010 Adil Keldybayev has left of his own accord from hospital before the publication of first article.

In his suit, Keldybayev has said that he left of his own accord after publication of these articles. They influenced on his activity and future professional career. He asked to publish a disclaimer and recover KZT10000000 (1USD=145.17) from editorial staff of the newspaper and KZT500000(1USD=145.17)from his former patient. Later, suit sum was increased by KZT20000000(1USD=145.17).

After the decision of court of first instance servicemen of foundation "Adil Soz" and Union of Journalists of the Republic of Kazakhstan have sent a open letter to Public Prosecutor of the Republic of Kazakhstan K. Mami and Chairman of Supreme Court of the Republic of Kazakhstan M. Alimbekov. They have risen an issue on execcesive application of norms about protection and compensation of moral damage by courts. It was one of the methods of liquidation of newspapers.

Editorial staff of the newspaper "Vzglyad" has made an application, addressed to Chairman of Supreme Court of the Republic of Kazakhstan B. Beknazarov, Public Prosecutor of the Republic of Kazakhstan A. Dalubayev, Chairman of Senate of Parliament of the Republic of Kazakhstan K. Mami and Chairman of Parliament of the Republic of Kazakhstan U. Mukhametzhanov. This judgment has been defined as "corruption and biassed one". It was necessary to conduct the detailed investigation of this case. The law and fairness should be prevailed.
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