Statement of International Foundation for Protection of Freedom of Speech “Adil Soz” on necessity of fairness and competent judicial settlement of dispute between KAZKOMMERTSBANK and Internet-resource www.nakanune.kz
On August 27, 2015 City Court of Almaty has to consider an appeal. Earlier,KAZKOMMERTSBANK has filed a suit against Internet-resource www.nakanune.kz. The reader published letter, where he asked to deal with information on corruption. Representatives of “KAZKOMMERTSBANK” qualified it, as derogation of their business reputation; court of the first instance has imposed owner of domain name, journalist Guzyal Baidalinova on recovery of KZT20000000 (1USD=243.99).
To the full extent, respecting independence of judicial authority, we feel it to our duty to remind you that Civil Code of the Republic of Kazakhstan stipulates. ”Rules of reimbursement of expenses are applied for protection of business reputation of legal entity pursuant to the procedure established by this Code (article 143 p.4). “The person whose right is violated may require the entire restitution of the damages inflicted on him (her), unless otherwise stipulated by legislative acts or the agreement. The concept of damages means the losses, which are incurred or must be incurred by the person whose right is violated, the loss or the damage of his property (real damage) and also lost profit which this person would have received under the normal conditions of the turnover, should his right have not been violated (lost profits)” (Article 9 p.4). Therefore,KAZKOMMERTSBANK must luculent prove with usage of figures and facts, that this article which was posted on the website of Internet-resource www.nakanune.kz (in particularly, this article collected less than, a thousand of readers), it gave rise to null and void advertising contracts, outflow of customers and other actions. KAZKOMMERTSBANKincurredlossesintheamountKZT20000000(1USD=243.99).
In open trial, a representative ofKAZKOMMERTSBANK informed, that KZT109000000 were spent, in order to conduct advertising campaigns and presented signed contracts in evidence and did not provide any document which illustrated losses of bank fromarticle which was posted on the website of Internet-resource www.nakanune.kz.
The website www.nakanune.kz – is a project of independent journalists. They worked in newspaper “Respublika” before its suppression. Of course, the society draws special attention to professional perspective of journalists and their Internet-edition. The judgment of first instance neutralized new media and foredoomed journalistGuzyal Baidalinova to a long-term debt bandage. Itsparkedthevarioussuggestionsofpunishmentfordissent. We hope that appeal court will consider a lawsuit ofKAZKOMMERTSBANK against website www.nakanune.kz and owner of its domain nameGuzyal Baidalinova. It shall be become an example of objectivity and competence. Trial participants and also, a wide public shall acknowledge that court has given a fair ruling. It shall promote strengthening of authority of justice of the Republic of Kazakhstan.
