Supreme Court has reduced amount of recovery to eight times less from newspaper “Zhas Alash”

There were proceedings in the Supreme Court of the Republic of Kazakhstan on November 02, 2016. It was connected with complaint of the editorial staff of newspaper “Zhas Alash”, its editor-in-chief Rysbek Sarsenbaiuly, journalist Meruert Tursybekova and Guliya Alikhankyzy. They disputed decision of Board of Appeals of City Court of Almaty. According to it, they should recover KZT40000000 to holder of some titles for acupuncturist Zhasan Zekeiuly as moral damage compensation jointly and severally.

The Supervisory Board which was presided by A. Kasymov, judges T. Ibrashev and E. Ismailov has ruled to reduce amount of moral damage to KZT5000000. According to this rule, Alikhan Alibek and Mukan Kaben were pulled out of defendants.

Earlier, 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. On November 13, 2015 Judge of Almalinsk District Court № 2 of Almaty A. Beiseuov has adjudicated on the claim of holder of some titles and ranks acupuncturist Zhasan Zekeiuly. The suit was filed against editorial staff of newspaper “Zhas Alash”, its editor-in-chief Rysbek Sarsenbai, journalist Meruert Turlybekova (pseudonym S. Madi), his wife Guliya Alikhankyzy, his father-in-law Alikhan Abilbek and reader of newspaper “Zhas Alash” Mukan Kaben.

The disputable article was fully based on documents of law enforcement agencies and state bodies, judgments and rules of courts to the extent of the Supreme Court of the Republic of Kazakhstan. There was no any argument in suit and during trial. It was connected with published false information. The countersuit on protection of honour, dignity and business reputation of editor-in-chiefRysbek Sarsenbai and his two deputies Amirkhan Mendeke and Erik Rakhim was filed. It was connected with publications of Zhasan Zekeiuly in Facebook. He thought that they have been accessible to bribery; they found somebody to slander and spread false information.

The judge dismissed treatment of counter complaint, acknowledged that there was false information in the article "Academician had legal proceeding with his family"; imposed defendants on publication of retraction and recovery of KZT40000000 as moral damage compensationjointly and severally. TheBoardofAppealsvalidatedthisjudgment.

Rysbek Sarsenbaiuly intended to try hard to win and he filed suit to the General Prosecutor’s Office.