Сөз бостандығын қорғау халықаралық қоры
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The International Foundation for Freedom of Speech Protection

The Supreme Court remitted the matter of police officer disparagement by the editor-in-chief of the "Urals Week" for a fresh trial

29 august 2017

On August 29, the Civil Chamber of the Supreme Court, presided  by Judge A. Sarsenbayev, heard in cassation the matter of major Daniyar Rakishev disparagement by the editor-in-chief of the "Urals Week" Tamara Yeslyamova. The decision of the court of first instance and the decision of the appellate court were canceled, the case was remitted for a fresh trial at appeal court.

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 argument of the representative of Tamara Yeslyamova and "Journalistic Initiative" LLP, “Adil soz” lawyer Tamara Simakhina can be read in Russian at http://www.adilsoz.kz/court/show/id/50

 

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