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

Guzyal Baidalinova was released She was not acquitted

12 july 2016

On July 15, 2016 Board of Appeals of Almaty City Court has altered the judgment towards case over dissemination of misleading information on “KAZKOMMERTSBANK”.

We would like to remind you that on May 23, 2016 journalist of Internet-portal NAKANUNE.kz Guzyal Baidalinova was sentenced to one year and six months of deprivation of liberty, businessman Tair Kaldybaev (he was mentioned as customer of articles, devoted to “KAZKOMMERTSBANK”) was sentenced to four and six months of deprivation of liberty with his service of punishment in the colony of general regime. On July 05, 2016 appellate hearings should be conducted, but Tair Kaldybaev was found hanged in jail ward.

During legal trial on July 12, 2016 upon prosecutorial motion court has eliminated criminal proceeding against Tair Kaldybaev (he was mentioned as customer of articles, devoted to “KAZKOMMERTSBANK”) for the death of Kaldybaev. The editor Редактору and owner of website “NAKANUNE.kz” Guzyal Baidalinova, she was arrested and taken into custody in December of 2015, court has changed imprisonment for suspended sentence of one year and six months (taking into account of served her sentence).

We would like to remind you that, in 2015 representatives of “KAZKOMMERTSBANK” has filed a claim with the Department of Internal Affairs of Almaty, in order to open a criminal case under article 274 p.3 “Dissemination of misleading information” of Criminal Code of the Republic of Kazakhstan. Pursuant to case materials, during period from April 29, 2014 to December 05, 2014 over 55 articled were posted on portal Respublika-kaz.info and electronic printed edition “NAKANUNE.kz”. These articles had misleading information on “KAZKOMMERTSBANK”. Guzyal Baidalinova said that, two-three articles about “KAZKOMMERTSBANK” were posted on the website. There was information on only construction projects which were financed by “KAZKOMMERTSBANK” on state funds.

The appeal process was conducted in “half-closed” regime. Trial participants and relatives of convicted persons could enter into spacious court room. Representatives of “KAZKOMMERTSBANK” did not agree with conduction of video. As a result of it, all journalists in spite of their disagreement, they were placed in cramped little room with small monitor which demonstrated desk of a judge and a part of court room. 

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