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

Appeal Instance upheld court decision on fine and suspension of newspaper “Pravdivaya Gazeta”

18 january 2014
January 08, 2014

On December 28, 2013 Board of Appeals of Almaty City Court under presiding judge Kanat Moldashev, it considered two court decisions of Specialized Interdistrict Administrative Court, dated 18 December, 2013 with regard to newspaper “Pravdivaya Gazeta”; brought these two court decisions together.

We would remind you that, December 18, 2013 editorial staff of the newspaper “Pravdivaya Gazeta” received two court decisions which were passed by judge of Specialized Interdistrict Administrative Court (Almaty) A. Korazbayeva. The issue of newspaper, dated 22 November, 2013 was printed by printing house 20 November, 2013; it was fined on fifty monthly assessment indices. Data outs were printed unclearly in brush proof of this issue; judge decided to suspend the publication of newspaper during three months.

Board of Appeals has upheld these court decisions.

The judge K. Moldashev ignored complaint of lawyer of editorial staff of the newspaper “Pravdivaya Gazeta” Rauf Toymatov, that the previous court decision should be dismissed. It was passed when representatives of defendant and lawyer were absented. The lawyer has furnished the proofs. Neither owner and editor-in chief Aliya Ismagulova, nor lawyer R. Toymatov were informed about trial. Summons, were sent to the other address, neither workers nor owners of the newspaper lived there; editorial office was placed in other place.

The court did not take into account three official letters, where employees of printing house informed about mistake in data outs was accepted by them and that technical error was corrected by printing house and corrected issue of the newspaper was published on December 21, 2013. The independent distributor has also said, that none newspaper copy was not sold on December 22, 2013. All these facts, judge did not take into account.

Representatives of newspaper “Pravdivaya Gazeta” intended to apply for supervision authority.

We would remind you that newspaper “Pravdivaya Gazeta” had wasteful fines imposed by the court during eight months of its functioning and it was suspended during three months twice, according to court decision.
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