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

Court hasfound guilty editor of press agency "Kazakh – Zerno" Sergey Bukatov He was charged with libel and sentenced to one year of imprisonment

12 december 2012
December 12, 2012

On December 05, 2012 Petropavlovsk City Court of North Kazakhstan Oblast, which was chaired by judge N. M. Zhanibekova, it has found guilty editor of press agency "Kazakh – Zerno" Sergey Bukatov. He was charged with libel under article 129 "Libel" of Criminal Code of the Republic of Kazakhstan and sentenced to one year of imprisonment. The charges originated from nine articles, published and posted on the website www.kazakh-zerno.kz from November 01, 2011 to April 09, 2012. Corn traders faced to problems, concerning shipment of the corn for export by sea over port of Aktau.

JSC "Ak Biday-Terminal" executed shiftment of the corn, they thought that there was a publication of untruth and misleading information which discredited business reputation of JSC "Ak Biday-Terminal" and it "convinced a reader of the website of illegal activity of joint-stock company, practically directly charging it with corruption by a way of intrusion of some dusty schemes".

News agency has dismissed to call names of journalists who were published under pen-names Alimbek Gabitov and Liya Strik; JSC has requested to institute criminal proceedings against editor of news agency S. Bukatov and owner of agency Mansur Rasulov.

On a trial, M. Rasulov did not plead guilty himself, saying he had been the only one founder of LLP "Kazakh-Zerno", and appointed director and who appointed editor-in-chief of the edition. M. Rasulov did not meddle in editorial policy. The court has acquitted M. Rasulov for lack of corpus delicti under article 129 p. 3 of Criminal Code of the Republic of Kazakhstan.

During court hearings Sergey Bukatov was unable to prove that he had not been an editor of news agency or acting one during publication of disputable materials. The court has imposed on journalist next restrictions: "leave unchanged permanent place of residence without warning of criminal and correction inspection, not to leave place of residence in free time from work and not to go to other area without permission of criminal and correction inspection".

The court has dismmissed claim of JSC "Ak Biday-Terminal", concerning recovery of KZT100000000 as moral damage compensation.
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