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The International Foundation for Freedom of Speech Protection

What does judge Tazhkenov know about open-court trials?

25 july 2022

On July 22 Georgy Govorov, Nasha Gazeta reporter, came to the specialized court for administrative offenses in the city of Kostanay for a hearing on charges of libel against Alexandra Sergazinova, Tobol-info news agency reporter.

At the beginning of the hearings Judge Sabyr Tazhkenov demanded that Govorov not publish any articles about the trial until it was over. Then the judge gave directions that all observers, including Govorov, must sign a non-disclosure agreement.

Govorov refused, since such a demand was not motivated by law, and he was present at the trial not as an observer, but as a journalist. Judge Tazhkenov reacted to this by ordering the secretary not to allow Govorov to the next hearing.

The editorial office of Nasha Gazeta intends to apply to the Kostanay Regional Court for explanations.

S. Tazhkenov is now acting as chairman of a specialized court for administrative offenses.

 

"Adil soz" comments:

The actions of the judge contradict  the principle of open-court tirals.

Probably the  judge took an open-court tiral for an investigation. He had no right to demand a non-disclosure agreement.

The judge’s order not to allow a journalist to attend an open court hearing is also illegal, it contradicts paragraph 1 of Article 21 of the Administrative Code of the Republic of Kazakhstan, that  states: “Court, bodies (civil servants) being authorized to consider the cases on administrative infractions shall carry out the proceeding on these cases on a public basis.”

Illegal actions of the judge violate the rights of a journalist, interfere his professional activities, that fall under Art. 158 of the Criminal Code of the Republic of Kazakhstan.

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