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

Either a misprint or reply with no real answer. Administrative Court of Kokshetau found no violations in the arrest of journalist Baimuldin

27 january 2022

"Adil soz" has already reported that on January 12, the editor-in-chief of the Russian news service "Kokshetau-Asia" a policeman tricked  Nurzhan Baimuldin into coming to the Kokshetau Police Department, where he was not provided with a lawyer for more than 3 hours, deprived  the medical assistance he needed,  was interrogated for 8 hours without food, water or rest, and was interrogated  by officers who had nothing to do with the investigation of cases of administrative offenses. Aigul Kalkamanova, the journalist's lawyer, stated all this in her complaint against the actions of the investigating authorities to the Specialized Court for Administrative Offenses in Kokshetau.

Judge A. Shaukenova was assigned to consider the complaint. But it was she who earlier had made the decision to arrest Baimuldin. However, the only violation that she then had discovered was ... a typo. “There was a typo in the operative part of a judgment: the period of arrest of the offender was erroneously  indicated in brackets as“(thirty)” instead of “(ten)”. Such error is a typo and does not affect the essence of the decision.”

The lawyer challenged the judge. On January 26, the Acting Chairman of the Specialized Court for Administrative Offenses of the city of Kokshetau S. Tuleyev dismissed it. According to him, there is no reason to doubt the impartiality of A. Shaukenova, and the arguments of the lawyer are of a conjectural nature.

As it was reported, on January 12, Nurzhan Baimuldin, the editor-in-chief of the Russian news service "Kokshetau-Asia",  was detained. On the same day he was sentenced to 10 days of administrative arrest. The court considered the questions that he asked the President of the country through his post on the social network to be actions provoking a violation of law and order in a state of emergency.

On January 17, the appellate board of the Kokshetau city court, reduced Baimuldin's arrest to 5 days upon the motion of the prosecutor. That is  it  limited his stay in the pre-trial detention center to the actually served time. The court of appeal dismissed reclaiming petition of lawyer Aigul Kalkamanova, who demanded full acquittal of the journalist.

Nurzhan Baimгldin believes that he did not violate the law, and intends to go through the entire Kazakh judicial authorities, and then apply to the UN Human Rights Committee. His lawyer is now preparing documents for  cassation.

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