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

On May 13, 2014 President of Public Foundation "National Anti-Corruption Committee" Musagali Duambekov was sentenced to one year of restriction of liberty He was charged with libel spread in media

13 may 2014
May 13, 2014

The proprietress of PLC "Astana Dar-Stroy" Aygul Mukasheva has filed libel suit against Musagali Duambekov. Almaty District Court № 2 of Astana chaired by judge A.K. Ramazanova has considered a case. The father and son Bakhyt and Salamat Mukashev have been accusers

We would like to give you a brief view of this story. The underground brickmaking plant functioned within four years in the village Akmol (Malinovka) near Astana. It has concluded construction contracts of the state objects on social order.

At press conference which was held in Astana, Musagali Duambekov stated, that high-ranked officials from Ministry of Internal Affairs, General Prosecutor Office, Court and Senate of the Republic of Kazakhstan were involved in "a case of underground brickmaking plant". He knew about underground brickmaking plant which functioned from 2008 to 2011 from former plant worker Alibek Iskakov, who addressed to his foundation. Alibek Iskakov said, that he was hired in 2008 as "executive director", but in actual fact he worked as security and driver of Chinese citizen Khe Da Dzhun. Later, it was become known, that mister Khe Da Dzhun was a husband of owner of the PLC "Astana Dar-Stroy" Aygul Mukasheva, proprietress of brickmaking plant.

Musagali Duambekov has represented the interests of Iskakov against Kazakh-Chinese family and won a case. After publication of articles about underground brickmaking plant Bakhyt and Salamat Mukashev have filed libel suit against Musagali Duambekov.

Commentary of foundation "Adil Soz"

Libel, that is the distribution of deliberately false information which is defaming to the honour and dignity or another person, or which undermines his reputation under article 129 of Criminal Code of the Republic of Kazakhstan. In other words, libel criminal case court should be convinced that author knew, that it was a false information and he distributed it with goal to defame somebody. If plaintiff did not prove any cognizance of the accused person, a judge should acquit him; plaintiffs or persons who disagree with judgment, they can file a suit to civil court where accuracy or inaccuracy of distributed information is controlled.

We can not say about intent in other words about falsism in this conflict. Musagali Duambekov had sources of information and facts, knew positively that, he distributed accuracy information.
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