Judge in Kokshetau confused accreditation with an editorial task
On March 15 Nurzhan Baimuldin, the editor of the Kokshetau Asia news agency, came to the Kokshetau city court to hearings of a civil case of a resident of the regional center vs a private construction company. Before the hearings began, the journalist handed over his service card and identity card to the court secretary. However, judge Mogulsun Satubaldinova demanded in the courtroom that the media representative provided accreditation.
According to her, the law "On Mass Media" sipulates that a journalist must take document from the editorial office confirming that he was assigned to cover this process. Baymuldin asked her to show a sample of such accreditation, since he had covered a number of lawsuits and had never even heard about accreditation. In responce the judge advised him ... to read the text of the media law.
As a result, Judge Satubaldinova forbade audio and video recording of both the process and her words, but graciously allowed Baimuldin to sit and listen. At the same time, she threatened that if her photo was published somewhere, the journalist would be held responsible.
Due to the inability to perform his professional activities, the editor of the media outlet left the court.
"Adil soz" commnets:
The Law of the Republic of Kazakhstan “On the Mass Media” confirms the right of journalists to receive and disseminate information. This right may be exercised in any legal manner.
A journalist, like any citizen, has the right to be present at an open court hearing, he/she has the right to sit, listen, record the course of the trial in writing or using audio and video equipment.
Indeed, video and audio recording, as well as photography in the courtroom can only be carried out with the permission of the presiding judge. But the judge's demand for accreditation violates the rights of a journalist, it is not contained in the media law and violates the principle of publicity, guaranteed by Article 19 of the Code of Civil Procedure of the Republic of Kazakhstan.
The actions of the judge, who exceeded her powers and demanded accreditation from the journalist for his presence in an open court session, may be explained by her legal illiteracy. It may even fall under Article 361 of the Criminal Code of the Republic of Kazakhstan - "Abuse of official authorities" or Article 158 of the Criminal Code of the Republic of Kazakhstan - "Interfering with legal professional activity of journalist."