Over 50 mln tenge must be enforced in favor of Kakimzhanovs from Ratel.kz and Forbes.kz under the court decision

On April 04, 2017 Medeu District Court adjudicated on the claim of the Ex-Minister of Finance and State Revenue of the Republic of Kazakhstan and his son against Internet-portal Ratel.kz and magazine Forbes.kz and imposed defendants pay off KZT 50millions and 200 thousands: KZT 27 millions and 900 thousands in favor of Zeinulla Kakimzhanov and KZT 22 millions and 300 thousands in favor Ilhaid Kakimzhanov.

According to the  judgment published on the website of the Supreme Court, publisher of the website Forbes.kz LLP “United Media Group” and deputy editor-in-chief of edition Alexander Vorotilov must pay off KZT 16.5 millions in the favor of Kakimzhanovs; publisher of Internet-portal Ratel.kz LLP "ITAYU", the chief editor of the portal Marat Asipov, journalistsGennady Benditskiy and Sapa Mekebaev must pay off KZT 26 millions and 900 thousands  and the former general director of LLP "Avtodorservis" Vitaly Protsentov must pay off KZT 6 millions and 800 thousands in plaintiffs’ favor. Also, defendants must pay state duty in the amount of KZT 502 thousands.

Further, court obliged  Forbes.kz to refute information, represented in 9 articles and to remove 10 articles from the website and in social networks accounts (one of the articles is not mentioned in the text of court decision among ones that discredit honor and dignity of Kakimzhanovs).  

Also, court found that 13 articles which were published by Internet-portal Ratel.kz contradict the reality and should be refuted and removed.

Defendants stated their disagreement on judgment. They intend to take review against the judgment.

On December 29, 2016 editorial staff of Internet portal Ratel.kz received pre-trial claim from the Ex-Minister of Finance and State Revenue of the Republic of Kazakhstan Zeinulla Kakimzhanov. He demanded publication of retraction of 9 articles which were posted on the site from May to December 2016 and their removal from the site.

In early January Z. Kakimzhanov filed the lawsuit to Medeu District Court of Almaty not even waiting for the end of 30-day time limit for responding to the pre-trial claim. In addition to retraction and removal of articles the plaintiffs Zeinulla Kakimzhanov and Ilhalid Kakimzhanov, demanded redress for the non-pecuniary damage: from the chief editor of the portal Marat Asipov and journalist Sapa Mekebaev – KZT 2 mln, from journalist Gennady Benditskiy – KZT 6 mln, from the former general director of LLP "Avtodorservis" Vitaly Protsentov – KZT 5 mln, from the publisher  LLP "ITAYU" – KZT 6 mln.

On January 11, 2017 Judge T. Zhumamuratov issued a ruling to secure the claim. He prohibited the defendants “to cover the trial in media by drawing attention of media, television, journalists, submitting publications in the media, television, relating to file a civil lawsuit, as well as placement other information in the media (television, online publication, etc.) conjugated inseparably with the personality of the plaintiffs of the suit, as well as the placement of articles, publications in mass media, owned by the defendants on the property right, using its own or third-party web sites, including publication of articles or their views on the trial in social networks, including, but not limited to Facebook, VKontakte and other defendants’ blogs pending the court's final decision on the statement of claim."

On February 01, 2017 judge T. Zhumamuratov passed judgment on conduction of court hearings behind closed doors.