The case of police officer disparagement by Tamara Yeslyamova will be heard at the Supreme Court
On August 29, the Cassation Board of the Supreme Court of the Republic of Kazakhstan will hear the case of disparagement of police major Daniyar Rakishev’s honour or dignity by the chief editor of the newspaper “Uralskaya Nedelya" Tamara Yeslyamova.
The primary cause of the conflict took place on May 21, 2016, when Tamara Yeslyamova was fined for participation in organizing an illegal rally. In spite of the number of evidences of Yeslyamova’s inocence, the judge found her guilty on the basis of protocols of administrative offence and protocols and witness statements from police officers.
After that, on May 25, T. Yeslyamova published the article "What are the fears of such people as major Rakishev." In her article the journalist told that after the court hearing major D. Rakishev, who had written the protocol on administrative violation, came her and pleaded for forgiveness. After the artical was published, the policeman filed a lawsuit. On October 19, 2016 Uralsk City Court granted the claim in part.
According to the court's decision, the editor-in-chief of the “Urals Week” Tamara Yeslyamova and the founder of the newspaper - "Journalistic Initiative" LLP – had to publish a refutation of this information within 30 days and pay the policeman a total of KZT 3.5 million as the compensation of moral damage (2 million tenge was to be collected from the newspaper founder, 1.5 million tenge – fom the editor-in-chief). On December 27, 2016, the court of appeal left this decision unchanged. The defendants did not agree with the court decisions and appealed to the Supreme Court.
The judge of the Supreme Court Marina Borovik examined the case files and admitted that there were sufficient grounds for the motion of the LLP "Journalistic Initiative" director Lukpan Akhmedyarov and the editor-in-chief of the newspaper "Ural Week" Tamara Eslyamova to be considered by Cassation Board of the Supreme Court of the Republic of Kazakhstan.
Commentary of Adil Soz:
It is encourging that the judge of the based her decision on only on thorough examination of the procedural infractions and norms of the national legislation, but on the norms of international law as well. Perhaps, it is for first time in our legal precedents, when the judge’s decision allows wider critisim of persons performing public functions than that of individuals.
"Adil Soz" lawyer Tamara Simakhina will act for Tamara Yeslyamova at the Supreme Court Civil Chamber session.
