Violations, in which mass media is incriminated in (continuation)

Beginning

Demands, submitted by improper representative and appealed by improper plaintiff

May 30

“Azamat times”

The Union of Judges of the RK filed lawsuit to the newspaper “Azamat times” about abasement of honor and dignity of the judge G. Kenzhebayeva of Astana City. The reason for this became a publication of an article “Corruption - is a dangerous mould” written by the entrepreneur K. Belgibayev and editorial comments to the article called “Outcasts of the destiny” from March 15 of the year 2000.

The plaintiff requests to acknowledge the article of K. Belgibayev slanderous discrediting insulting honor and dignity of the judge G. Kenzhebayeva, to obligate the editorial office to publicize a refutation and present public apologies. The plaintiff requests the following as compensation of moral damage:

• to exact 3,5 million tenge in favor of the Union of Judges of the RK;

• to exact 500000 tenge from the author of the article K. Belgibayeva in favor of the Union of Judges of the RK;

• to exact 1 million tenge from the editorial office of “Azamat times” and K. Belgibayeva in favor of the branch of the Union of Judges of the RK “the Court of Astana city”;

• to exact from the defendants the judicial costs in favor of the Union of Judges.

May 29

“Nachnem s ponedelnika”

The newspaper “Nachnem s ponedelnika” filed lawsuit on the Ministry of Justice of the RK, due to illegal registration of voluntary association “the Union of Judges of the RK”. According to the lawsuit of this voluntary organization a judicial decision, to exact 5 million tenge from “Nachnem s ponedelnika”, was taken.

The editorial office believes that creation of this Union contradicts the norms of the Constitution of the RK, which prohibits judges to participate in trade unions.

A voluntary association can hardly be acknowledged in the aforementioned case as proper representative and the court’s decision based on law.

The Foundation for Protection of freedom of speech “Adil soz” repeatedly expressed its doubts, including the special announcement, in correctness, legality and constitutionality of corporational approach in examination of judicial disputes, when the judge with disputes, connected with his solution of judicial cases, presents the union of judges in court, which includes the majority of judges, possibly, even those who are examining the case. Does not this situation violate, even indirectly, the constitutional right of citizens for unbiased trial and equality of the parties in the civil procedure or according to articles 40 and 42 of code of civil procedure of the RK the judge is subject to challenge and disqualification of himself, “if he is directly or indirectly interested in outcome of a case, or there are other circumstances, which question his impartiality”.

Unfortunately, for the same reason one cannot acknowledge the plaintiff and the newspaper “Nachnem s ponedelnika” proper in their lawsuit about acknowledgement of invalidity of registration of the union of judges of the RK, because the fact of registration itself does not anyhow affect the newspaper’s interests. This sort of lawsuit may be filed by prosecutor as an organ, which carries out highest supervision of legality, if there were some violations of law during the registration of the union or it conducts an activity, which contradicts its status and charter.

Demands, which follow from facts of publication of citizen’s image

May 3

“Vzglyad”

Konstantin Yudin

Citizeness B. addressed Leninsky judicial sector of Sovetsky district of Karaganda city with lawsuit statement about acknowledgement of right of her own image and payment of compensation for the moral damage made to editorial office of the weekly “Vzglyad” and to photocorrespondent of this newspaper Konstantin Yudin. The plaintiff demanded the following from the defendants:

• to return the negatives with her image;

• to compensate the moral damage made in amount of 100 000 tenge ;

• The editorial office proposed the plaintiff to make a peace agreement, by taking the following obligations:

• to publicize the apologies of the editorial office for publication of the photo without preliminary agreement with the portrayed in the next edition of the weekly “Vzglyad”;

• to return the negatives with the image of the plaintiff;

• to pay off the amount of 4000 tenge (four thousand) to the plaintiff as compensation of moral damage.

• The peace agreement was made.

The article 145 of the State Code of the RK prohibits the utilization (publication) of image of person without his agreement. This sort of agreement is not needed if the person posed for money.

The judicial practice acknowledges the presence of such agreement during publication of images, received from photographing public events, during which photographing is wittingly assumed.

Disclosure of investigation secret

May 29

“Nadezhda”

On May 25 the information of the personal correspondent Vyacheslav Kulikov of the newspaper “Vremya” regarding the fact that an independent newspaper “Nadezhda”, which is issued in Uralsk city of West Kazakhstan region, promulgated the details of criminal case investigation on accusation of corruption in violation of unauthorized disclosure principle of investigation secret and independently qualified the actions of the accused, was published in the newspaper “Vremya”.

The editor of the newspaper “Nadezhda” Tamara Yeslyamova refutes this information about violation of investigation secret and prohibition of influence on court. She asserts that there were no details of investigation, as well as qualification of guilt of the accused, in the publicized information in “Nadezhda”. T. Yeslyamova interprets the appearance of Kulikov’s information in the republican newspaper “Vremya” as denunciation in order to execute the order of the authority to destroy the oppositional newspaper “Nadezhda”.

In accordance with paragraph 1 of plenum’s decree of the Supreme Court of the RK from 18.12.1992 #6 dissemination of information or in this case the disclosure of secret protected by law, if it did take place, considered not only publication in the newspaper, but any oral message to another, even one individual. Consequently, the only person who should be accused in disclosure of a secret is the investigator, who is responsible for its safety by law.

Just so not every publication before trial may be evaluated as influence on court. Otherwise, it would be consequent to acknowledge that court is not independent in its decisions, and guaranteed freedom of expression of views, opinions and believes is nothing more than fiction.

Unconscientious advertisement

May 25

TV “Ispat-Karmet”

On May 23 of the year 2000 the director of TV-29 Igor Pashin of Temirtau city filed a lawsuit to the city court of Temirtau about compensation of moral damage from joint-stock company “Ispat-Karmet” for placing advertisement of alcohol beverages on TV channel “Ispat-Karmet” during inappropriate by law time. His moral damage I. Pashin as a father of juvenile children evaluated to the amount 144 million tenge.

The advertisement of tobacco and alcohol production according to article 14 of law of the RK “About mass media” is allowed only from 11 PM to 6 AM of local time. At the same time, while satisfaction of lawsuit demands and definition of the amount of compensation of moral damage the court, in accordance with plenum decree of the Supreme Court of the RK from 22.12.1995 #10, must take into consideration the life importance for the victim of violated good, severity of the consequences, the degree of guilt of the damager, his financial situation and other circumstances, which need to be paid attention to. In our opinion, the amount of lawsuit demand 144 million tenge is not adequate to the degree of moral suffering of the victim.

Incompleteness of outgoing information

May 12

“Ardak”

On May 11 the editorial office of the newspaper “Aigak” addressed the regional prosecutor with statement to suspend the civil pursuit on lawsuits to the editorial office of the newspaper “Ardak” and initiate criminal pursuit in regard to the leadership of this newspaper. To substantiate this it was indicated that six issues of the newspaper “Ardak” was published and none of them had the original name of the editor of the edition.

Indeed, according to article 15 of the RK “About mass media” in the outgoing information of the edition it is imperative to indicate name and initials of the chief editor (editor). During violations of the indicated form the issue of the edition may be suspended according to court’s decision.

At the same time, it is necessary to point out that control over completeness of outgoing information relates to competence of the Ministry of culture, information and public consent and non-maintenance of the indicated form, does not affect the interests of another editorial office in any way.

Non-payment for radio frequencies

May 4

TV-29, Temirtau City

TV “5 Kanal”, Karaganda City

The television company TV-29 (Temirtau City) received the order of the committee of transport control of Karagandinsky region on “Immediate disconnection of TV transmitter in connection with the fact that the television company did not pay on the permit RCS # 1/10-930/0041 from February 28, 200 for use of radio frequency resource”.

The television company TV-29 received the license from the Ministry of transport and communications of the RK # DC 0001129 for ether transmission of television broadcasts on February 18 of this year. The paragraph 20 of the attachment to the license obliges the bearer of the license to pay for the use of radio frequency resource of the RK.

The television company “5 Kanal” received the same order (Karaganda City).

Registration of the television company as mass media, as well as its license (permit) for the transmission right does not exclude payment for the use of radio frequency (radio frequency resource).