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

Monitoring of violations of freedom of speech in Kazakhstan in September 2009

26 october 2009
Monitoring of Foundation Adil soz has registered 95 reports in September 2009.  13 of which define the actual state of mass media in light of the political atmosphere of the month; 50 of which provide information on direct violation of rights of mass media and journalists; 31- on conflicts and charges brought forward against mass media and journalists.

Judgment of the month: On September 09, 2009 Medeu District Court has passed judgment by suit of “BTA-Bank” about protection of business reputation and recovery of moral damage to founder of the newspaper “Respublika- delovoye obozrenie Duble 2”- LLP “DPA”, Chief Editor Guzayal Baydalinova and correspondent Irene Petrushova.

Defendants should pay 60 000 000 tenge in solidarity order, court has withdrawn 1296 tenge court costs and bound editorial staff to publish refutation of information during ten days in the article “Between two evils ‘tis not worth choosing” (on March 06, 2009). Plaintiff has thought that two last points of this publication had untruth information. As a result of it there was outflow of deposits on sum of 6 milliards and 770 million tenge.

The staff of bank put a request, concerning publication of information on “BTA-Bank”. This request was dismissed by court. Actually, recovery of 60 000 000 tenge can be stoppage of issue of the newspaper. 

Damage of the month: LLP “Tengizneftstroy” has addressed to Civil Collegium of Uralsk of City Court №2 with suit about protection of honour, dignity and business reputation and recovery of 70 000 000 as material damage to the journalist Lukpan Akhmedyarov and editorial staff of the newspaper “Uralskaya nedelya” on August 20, 2009. The charges stemmed from article “For coverage of the tender”, published on August 06, 2009. LLP “Tengizneftstroy” has begun project implementation before beginning of tender of state order, concerning gasification of Abay village of Syrym district of West Kazakhstan region.

Judge has made a request for explanation of damage sum, but lawyer of the company said that regional staff asked to finish making of gasification beforehand. As a result of it company had damages on sum of 70 000 000 tenge. Company staff has thought that journalist and editorial staff of the newspaper should recover damage on sum of 70 000 000 tenge.

On September 09, 2009 LLP “Tengizneftstroy” has withdrawn its record. They have proposed to solve disagreements in pre-trial order. Editorial staff has published elaboration of this material. There was information on inexactitude, made by journalist. There was incorrect title of one gas tube.

Initiative of the month: Interest holders of LLP “Alyancestroyinvest” has invited correspondent of the newspaper “Vremya” Margarita Nikitina for participation in meeting with staff of the company. General Director of LLP “Alyancestroyinvest” Renat Naymanov has expressed his disagreement against audio record and photo, when he saw journalist in his office.

Defamation of the month: Akim of Shymkent Armat Zhetpisbayev has charged leaders of three public organizations of South Kazakhstan region with libel. The charges stemmed from press conference, where heads of three NGO’s have accused him in disability of management of the town. Materials of press conference and appeal were published in newspapers such as, “Rating” and “Zaman”.

Kamalitdin Dulatov was convicted for one year of imprisonment on a parole by judgment of Al-Farabi City Court of Shymkent on September 07, 2009. Plaintiff has withdrawn his record and apologized Yesebaly Aliev and Kuat Sadridin. A. Zhetpisbayev has taken demand on recovery of moral damage from all three defendants.

Issue of the month: Senior Lieutenant of Department of Internal Affairs Yerkhan Koshmagambetov has addressed to editorial office of the newspaper “Kurs”. He has made request for providing of information on authors of letters, criticized activity of akimat (administration). City Akim (Governor) has brought a suit against them to Department of Internal Affairs.

S. Kharitonenko has refused to give contact information, asked to make registration of written request.

Trouble of the month: Press Secretary of Akim (Governor) of Zhambyl region Sanzhar Tlepov has refused in accreditation for coverage of visit of President of the Republic of Kazakhstan for editions, which criticized actions of akim (governor). He has said that journalists were invited for official meeting. They could not work on other objects, but could see and hear President of the Republic of Kazakhstan in normal conditions in the hall. The information on visit was renewed. There were photos of their photographer. They have been ready for providing of articles.
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