Union of Journalists of the Republic of Kazakhstan and International Foundation for Protection of Freedom of Speech “Adil soz” have sent Open Letter to President of the Republic of Kazakhstan
3 march 2009
To:
President of the Republic of Kazakhstan
N.A. Nazarbayev
Public Prosecutor of the Republic of Kazakhstan
R.T. Tusupbekov
Chairman of Supreme Court of the Republic of Kazakhstan
K.A. Mami
Dear Nursultan Abishevich!
We apply for you, because we worry about fate of national media outlets and its concrete employees.
There was illegal judgment of Almaty City Court, which was taken on February 26, 2009 by suit of the Deputy of Majilis of Parliament of the Republic of Kazakhstan Romin Madinov to the newspaper “Taszhargan” and young journalist Almas Kusherbayev.
We must set aside this problem between experienced deputy and initiative journalist, concerning article “Poor latifundist”, published in the newspaper “Taszhargan” on April 24, 2008. We do not make any exception, concerning public interest theme of price formation for products. Almas Kusherbayev has instanced business activity of Madinov. We agree that journalist has torn his hair out in his assessment of situation. The deputy, member of the party “Nur Otan” did not use his right for reply on public dispute. He has addressed to court, demanded to recover grand sum 300 000 000 tenge from newspaper and free-lance journalist.
Unfortunately, our lawmakers ignore proposals to regulate upper limits on sums, provided for recovery and damage. There are facts, connected with the recovery of trillions and quadrillions tenge in national court practice. Principles of satisfaction of corporeal claims in cases of violation of personal non-property rights are stated in Regulatory Resolution of Supreme Court of the Republic of Kazakhstan “On Application of Legislation by Courts and Recovery of Moral Damage”. It is principle of fairness and sufficiency, definition of recovery sum in respect of objective criterions of damage and financial conditions of defendants.
There were judgments of courts of first and appeal instance. They have ignored Regulatory Resolution of Supreme Court of the Republic of Kazakhstan. Medeu City Court has taken judgment about recovery of 3 000 000 tenge from the newspaper “Taszhargan” and journalist Almas Kusherbayev on January 16, 2009. Editorial staff of the newspaper “Taszhargan” and journalist Almas Kusherbayev can not pay this sum. Appeal instance of Almaty City Court has increased tenfold sum of recovery.
Kazakhstan’s and international publicity was shocked by this judgment. As a result of it the newspaper has to be closed and journalist can not work anywhere for non-fulfillment of judgment of Almaty City Court. It infringes to strengthening of constitutional guarantees of freedom of speech and creation and tears down on the image of Kazakhstan in pre-chairmanship of OSCE.
Dear Nursultan Abishevich!
We apply for you on behalf of journalistic community as guarantor of rights and freedoms of citizen. We hope that this unfair situation will be solved by legal way. We ask for you to initiate development of draft law on regulation of upper limits of sums of the recovery of moral damage. It corresponds to hopes of journalists of Kazakhstan and recommendations of OSCE.
Chairman of Board of Union of Journalists
S. Matayev
President of International Foundation for Protection of Freedom of Speech “Adil soz”
T. Kaleyeva
President of the Republic of Kazakhstan
N.A. Nazarbayev
Public Prosecutor of the Republic of Kazakhstan
R.T. Tusupbekov
Chairman of Supreme Court of the Republic of Kazakhstan
K.A. Mami
Dear Nursultan Abishevich!
We apply for you, because we worry about fate of national media outlets and its concrete employees.
There was illegal judgment of Almaty City Court, which was taken on February 26, 2009 by suit of the Deputy of Majilis of Parliament of the Republic of Kazakhstan Romin Madinov to the newspaper “Taszhargan” and young journalist Almas Kusherbayev.
We must set aside this problem between experienced deputy and initiative journalist, concerning article “Poor latifundist”, published in the newspaper “Taszhargan” on April 24, 2008. We do not make any exception, concerning public interest theme of price formation for products. Almas Kusherbayev has instanced business activity of Madinov. We agree that journalist has torn his hair out in his assessment of situation. The deputy, member of the party “Nur Otan” did not use his right for reply on public dispute. He has addressed to court, demanded to recover grand sum 300 000 000 tenge from newspaper and free-lance journalist.
Unfortunately, our lawmakers ignore proposals to regulate upper limits on sums, provided for recovery and damage. There are facts, connected with the recovery of trillions and quadrillions tenge in national court practice. Principles of satisfaction of corporeal claims in cases of violation of personal non-property rights are stated in Regulatory Resolution of Supreme Court of the Republic of Kazakhstan “On Application of Legislation by Courts and Recovery of Moral Damage”. It is principle of fairness and sufficiency, definition of recovery sum in respect of objective criterions of damage and financial conditions of defendants.
There were judgments of courts of first and appeal instance. They have ignored Regulatory Resolution of Supreme Court of the Republic of Kazakhstan. Medeu City Court has taken judgment about recovery of 3 000 000 tenge from the newspaper “Taszhargan” and journalist Almas Kusherbayev on January 16, 2009. Editorial staff of the newspaper “Taszhargan” and journalist Almas Kusherbayev can not pay this sum. Appeal instance of Almaty City Court has increased tenfold sum of recovery.
Kazakhstan’s and international publicity was shocked by this judgment. As a result of it the newspaper has to be closed and journalist can not work anywhere for non-fulfillment of judgment of Almaty City Court. It infringes to strengthening of constitutional guarantees of freedom of speech and creation and tears down on the image of Kazakhstan in pre-chairmanship of OSCE.
Dear Nursultan Abishevich!
We apply for you on behalf of journalistic community as guarantor of rights and freedoms of citizen. We hope that this unfair situation will be solved by legal way. We ask for you to initiate development of draft law on regulation of upper limits of sums of the recovery of moral damage. It corresponds to hopes of journalists of Kazakhstan and recommendations of OSCE.
Chairman of Board of Union of Journalists
S. Matayev
President of International Foundation for Protection of Freedom of Speech “Adil soz”
T. Kaleyeva
