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

The court dismissed the case against the journalist at the suit of the Shymkent police officer

11 november 2023

On November 10, the administrative proceedings for defamation were terminated by the court due to the absence of elements of the offense. «To terminate the administrative case initiated against Marina V. Nizovkina under Article 73, Paragraph 3, Part 2 of the Administrative Code of the Republic of Kazakhstan», announced Judge Serik Niyazbek.


To remind, the Deputy Chief of the Shymkent Police Department, Yermakhan Abdramanov, accused the journalist of disseminating knowingly false information that discredits the honor and dignity of another person or undermines their reputation. The reason for turning to the court was two publications on the journalist Marina Nizovkina's personal Instagram.


The policeman was outraged that the material dated July 13, 2023, indicated that his official car was stopped on suspicion of using fake state plates. And on September 11, 2023, he saw a «false publication» with his photos.


The policeman provided the investigation with a conclusion of a psycholinguistic examination of the text made by experts from «Center for Forensic Examinations of the Ministry of Justice of the Republic of Kazakhstan»  Institute of Forensic Examinations in the city of Astana», which indicated that the posts contained «negative information in affirmative form, which requires verification because if it does not correspond to reality, it may tarnish the honor, dignity, and business reputation of the First Deputy chief of the Shymkent Police Department, Yermakhan Adilkhanovich Abdramanov».


According to Nizovkina, the administrative case appeared precisely when she began to cover the process of the police officers' lawsuit over illegal dismissal.


Marina Nizovkina also turned to the «Center for Forensic Examinations of the Ministry of Justice of the Republic of Kazakhstan»  Institute of Forensic Examinations in the city of Shymkent , and the experts concluded that there were no negative information, defaming the honor, dignity, and business reputation of the policeman in the publications.


Representatives of the injured party requested to declare this expertise illegal. The journalist's defense disagreed.
The Adil Soz foundation commented on the situation, noting that the key words in the publication are «THEY SAY», «SUSPECTED», and both emphasize the presumptive nature of attributing the described car to Mr. Abdramanov and his driving with fake license plates.
Also, the court issued a separate ruling against the district police inspector of the Al-Farabi District Police Department of Shymkent, Erbol Ryskulov. According to the journalist's lawyer, he did not prove that the place of the offense was indeed the Al-Farabi District of Shymkent, which raises questions about the interest of the place of protocol drafting. And in the storyline of the case, Ryskulov refers to a phrase taken out of context: «Abdramanov drives with counterfeit license plates».


The Adil Soz foundation welcomes the decision of Judge Serik Niyazbek, who defended the journalist's right to freedom of speech guaranteed by the Constitution of the country and international treaties ratified by the Republic of Kazakhstan.
 

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