The case of Lukpan Akhmedyarov: the police violated the rules, but the journalist is still guilty

On July 5, the Appeals Board of the West Kazakhstan Regional Court completed the hearing of the claim of Lukpan Azmedyarov, the editor-in-chief of the Uralsk Week newspaper. Judge Alibek Akhmetov issued a special ruling to the head of the Police Department regarding the mistakes made by the police in this case. However, the appeal court left the decision of the court of first instance unchanged: the journalist must pay a fine of 20 MCI for "disobedience to the lawful order  of the employee of public authority."

As it was reported, on June 12, Lukpan was detained in the town square  and taken to the police.

The police officer said that issue was about some kind of criminal case, however, he did not provide any documents confirming that. Akhmedyarov demanded more clear  explanations of the reasons of detention to, after that the policeman called his colleagues, and the journalist was taken to the paddy wagon.

On June 17, Akhmedyarov was summoned to the court on charges of "disobedience to the lawful order  of the employee of public authority." The court found that the police had drawn up a protocol on an administrative offense without the participation of Lukpan himself, and submitted it to the court. The judge ruled on the guilt of Akhmedyarov.

- It is a legal nonsense - Lukpan Akhmedyarov comments on the situation. - The court admits that the protocol was drawn up with violations and even issues a special ruling to the employees who had committed those violations. But it keeps on relying on the information from that very protocol while hearing the case. At the same time, the current legislation stipulates that charges can not be based on evidences that were obtained in violation of the law, such evidence should be excluded from the case.

L. Akhmedyarov intends to file a complaint with the Supreme Court