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

The court recognized the author of a fiction book as innocent of libel and insult to a citizen who considered himself a prototype of the hero

5 june 2017

On 2 June, the judge of Medeu District Court No. 2 Ulan Kishibai issued an acquittal on the private accusation of U. Ibragimov in libel and insult (articles 130, 131 of the Criminal Code of the Republic of Kazakhstan) against the author of the artwork "Tashaynyak" ("Mirror") Abdulzhon Barayev and the editor Text of Malik Makhdinov's book for lack of corpus delicti.

The reason for U. Ibragimov's appeal with a private complaint to the court was the coincidence of his name Usen with the name of one of the heroes of the book. Considering that the storytold is about him, U. Ibragimov demanded to recognize A.Baraev and M. Makhamdinov as guilty and to collect from them moral damage in the amount of 10 million tenge in solidarity.

By appeal of the accused A.Barayev, the expert of the Public Center for Expertise of the "Adil soz" Foundation carried out a linguistic conclusion and concluded that "With respect to a work of art, the criterion" conformity of reality "has no force, as a work of art reveals a subjective image of reality reflected and refined by thinking Author ". A similar conclusion was made by an expert of the Center of Expertise of the Ministry of Justice of the Republic of Kazakhstan.

The observer at the trial was the human rights activist of the International Foundation for the Protection of the Freedom of Speech "Adіl soz" Galiya Azhenova.

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