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

Court has imposed newspaper "Zhas Alash" on recovery of KZT40000000

16 november 2015

On November 13, 2015 judge of Almalinsk City Court № 2 (Almaty) A. Beiseuova has made a rule. The Doctor of Medical Science, Professor, Academician of International Academy of Acupuncture, Academician of Academy of International Art, Emiritus Professor of International University of Vienna, Holder of International Order of Socrates, High Achiever of Health Care Service of the Republic of Kazakhstan, Member of Party of Council of Bureau "NUR OTAN" of Auezov District Branch, Member of Union of Writers of the Republic of Kazakhstan, Founder of Non-Governmental Charitable Organization "EL-SHUAK", Author of Some Medical Research Papers, Holder of Two Patents in the Shere of Medicine, Head of Center Tibetan Medicine "ZHAS-AI" and Chief Editor of East and Tibetan Medical and Information Journal "ZHAS-AI" Zhasan Zekeiuly has filed a suit against editorial staff of newspaper "Zhas Alash", its editor-in-chief Rysbek Sarsenbai, journalist Meruert Turlybekova (in particularly, her pseudonym S. Madi), his wife Gulie Alikhankyzy, father-in-law Alikhan Abilbek and reader of newspaper "Zhas Alash" Mukan Kaben.

We would like to remind you that, plaintiff has thought, that article "Academician had legal proceeding with his family" which was published in the newspaper "Zhas Alash" on May 13, 2015 discredited his honour and dignity. He asked court to suspend newspaper "Zhas Alash" during six months and impose them on recovery of KZT400000000 as compensation of moral damage and insisted on public written apologies.

The disputable article was entirely based on documents of law enforcement and state bodies, judgments and rules of courts all of the way to the Supreme Court of the Republic of Kazakhstan. The ex-wife of plaintiff, defendant Guliya Alikhankyzy had to address to journalists, because she thought, that it was the last instance which should can and help to restore justice and lawfulness with regard to her and four children.

There were no any arguments, that information which was published in the article, it did not coprrespond with reality in statement of claim during a trial. The counterclaim of protection of honour, dignity and business reputation of editor-in-chief Rysbek Sarsenbai, two his assistants Amirkhan Mendeke and Erik Rakhim was filed on the side of newspaper. It was connected with publications of Zhasan Zekeiuly in social network Facebook about that his assistants had been bribetakers and dishonest, they searched somebody, in order to slander and spread inaccurate information.

The judge of Almalinsk City Court № 2 (Almaty) A. Beiseuova has dismissed examination of counterclaim and admitted that information which was published in the article, it did not coprrespond with reality in the article "Academician had legal proceeding with his family"; and imposed editorial staff of newspaper "Zhas Alash"on publication of a retraction and recovery of KZT40000000 as moral damage compensation jointly.

The editorial staff has taken an appeal. 

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