Correspondent of newspaper “Uralskaya Nedelya” (“Ural's Week”) Talgat Umarov was expelled from open court hearing

On February 11, 2015 oblast court (West Kazakhstan Oblast) has launched open court hearing of appeal of the former judge Bakhytzhan Satybaldiev who was sentenced to six years of imprisonment for bribe by court of the first instance. At the beginning of open court hearing, judge Gulnara Minius knew, that journalist has been there, she applied to a lawyer, concerning attendance of press. The accused Bakhytzhan Satybaldiev expressed his disagreement, concerning attendance of journalists open court hearing. The prosecutor Akhmuldin was fined with it, because there was open court hearing and some secret documents were not considered in court room.       

The judge Gulnara Minius decided to expel media representatives from open court hearing.  There was following information on the website  of newspaper “Uralskaya Nedelya” (“Ural's Week”). The correspondent of newspaper “Uralskaya Nedelya” (“Ural's Week”) Talgat Umarov attempted to find out reasons of his expelling from open court hearing. Gulnara Minius asked him not to ask her anything. After that, court bailiff relieved him from court room.    

Commentary

According to regulatory resolution №25 “On Observance of the Principles of Publicity of Court Proceeding for Criminal Cases” of the Supreme Court of the Republic of Kazakhstan, dated 06 December, 2002 publicity of a court procedure is not only conduction of unclosed judicial proceeding, but participation of parties in it, capability of attendance of the other persons who are not participating in case under article 29 “Publicity” of Criminal Procedure Code of the Repblic of Kazakhstan. 1. Proceeding of criminal cases in all courts and in all court instances shall be open. Restriction of publicity of a court procedure shall be allowed only when it contradicts to the interest of protecting state secrets. Therewith closed judicial proceeding shall be allowed on the basis of reasoned resolution of the court on cases of juvenile crimes, on cases of sexual crimes and other cases for the purposes of preventing disclosure of information concerning intimate side of life of persons participating in those cases as well as on the cases when it is required by the interests of safety of the victim, witness or any other participants in a case as well as their family members or immediate relatives. Complaints about acts and decisions of the body which exercises criminal prosecution considered by the court at pre-trial stage of the judicial process shall be considered by the court at a closed judicial session. 3. A court sentence and resolutions adopted on a case in all events shall be announced in public.