The Board on civil cases of the
Supreme Court decreed to leave the decision of Almaty municipal
court on the lawsuit of Rakhat Aliyev against Internews Kazakhstan
without changes
The
decision was announced during the session of the Board on civil
cases of the Supreme Court on July 30 in Astana.
Let’s us
remind you that on May 24, 2002 the municipal court of Almaty city
(court of first instance) has rendered a decision on the lawsuit of
Rakhat Aliyev against the representative office of international
organization Internews Network in Kazakhstan on protection of honor
and dignity.
Rakhat
Aliyev, former deputy chairman of the Committee of National Security
of the Republic of Kazakhstan, former deputy head of the security
service of the President of the republic, former president of
National Olympic Committee (NOC), today an ambassador of Kazakhstan
in Austria, on December 5, 2001 submitted a lawsuit statement to
Almalinsky district court of Almaty city on protection of honor and
dignity and compensation of moral damage for the article
“Khabarization of the entire country”, which was published on the
web-site of Internews Kazakhstan in August-September 2001
(electronic newsletter Internews Network - Kazakhstan # 23 (117) of
20/08- 02/09 2001).
Mr.
Aliyev considered the following to be non-corresponding to reality,
discrediting his honor and dignity in public opinion: “D.
Nazarbayeva and her husband - first deputy head of the Committee of
National Security of the Republic of Kazakhstan Rakhat Aliyev, own
or control (directly or indirectly) several television and radio
networks, informally unified into a media holding (television
channels Khabar, KTK, NTK, “ORT-Kazakhstan”, radio station “Yevropa
plus Kazakhstan”, “Hit FM Khabar”, “Russkoye radio”, “Radio
Retro-Karavan; newspapers “Novoye pokoleniye”, “Karavan”, “Karavan”
publishing house, information agency “Kazakhstan today”, advertising
agency “TV-Media and etc.).
Telecommunication company KATELKO is in the same row, “Kazakhstan’s
broadcasting corporation. In winter of 2000 by the decree of the
government two organizations, who controlled television and radio
transmitting means (transmitters, television towers, television
centers and etc.), were reorganized and rights of property and use
over the state package of stocks of the newly-fledged organization
were handed over to “KVK - Kazakhstan’s Broadcasting Corporation”,
founder of which is a group of legal and physical entities. Experts
ask themselves a question: who would benefit from privatization of
state property?”.
We
should note that an entire sentence was omitted in the beginning of
the first paragraph of the lawsuit statement: “Mass media experts
say that today all large mass media of Kazakhstan actually passed
into the ownership of members of the family of the president of the
country, or private individuals, close to presidential circles.”
The
second paragraph was stated in the following way: “Telecommunication
company KATELKO is in the same row, “Kazakhstan’s broadcasting
corporation. In winter of 2000 by the decree of the government two
organizations, who controlled television and radio transmitting
means (transmitters, television towers, television centers and
etc.), were reorganized and rights of property and use over the
state package of stocks of the newly-fledged organization were
handed over to “KVK - Kazakhstan’s Broadcasting Corporation”,
founder of which is a group of legal and physical entities. Experts
ask themselves a question: who would benefit from privatization of
state property?” and in the context of the article did not directly
correlate with the first paragraph.
In the
course of the trial Internews presented at the disposal of the court
numerous materials published on Internet from various information
sources, where mass media experts, journalists wrote literally about
what was written in the article “Khabarization of the entire
country”.
However,
the judges ignored the provided materials, having considered them
“improper” and “false”. Moreover, representative of the defendant
stated, referring to the law “On mass media”, that “web-cites,
unregistered in the Republic of Kazakhstan» should be considered
“improper” sources of information. Whereas, mass media experts state
that there is no such regulation in the law “On mass media”.
The
representative office of “Internews Network” in Kazakhstan believes
that thus the court decision violates regulations of the law on mass
media.
International observers (OSCE center in Almaty, USAID, International
foundation for protection of freedom of speech “Adil soz”,
independent experts and others) evaluated conduct of the trial as
“biased”. Decision of the court was based on the results of the
judicial psychological-philological examination, which was executed
by the Central (Almaty) scientific-production laboratory of judicial
examination. In opinion of “Internews Kazakhstan” and director of
Kazakh International Bureau on human rights and the rule of law
Yevgeniy Zhovtis (he was the advocate during this trial), results of
this examination are an example of how the Center of judicial
examinations is being used by judicial authorities to present false
conclusions.
Conclusion of the independent examination, which was conducted by
the Guild of linguistic experts on documentary and informational
disputes (Moscow, Russia) - the publication does not contain
offensive vocabulary, statements, containing negative evaluation of
personality of R. Aliyev. Almaty municipal court did not take into
consideration arguments of the defendant and decreed to refute data
published in the newsletter.
“Internews-Kazakhstan” did not agree with this decision and on June
6 sent an appellate appeal to the Board on civil cases of the
Supreme Court of the Republic of Kazakhstan.
In the
appellate appeal “Internews-Kazakhstan” asked the Board to cancel
the decision of Almaty municipal court and refuse to satisfy the
lawsuit of Aliyev R. M. against the representative office of
“Internews Network” in Kazakhstan and the chief editor of the
newsletter.
The
Board on civil cases of the Supreme Court of the Republic of
Kazakhstan decreed to leave the decision of Almaty municipal court
without changes and the appellate appeal - without satisfaction.
We
should say that we did not doubt that such court would render this
particular decision.
Internews Kazakhstan will publish the text of refutation, composed
by the party of Raklhat Aliyev, right after it receives the text of
the official decision of the Board of the Supreme Court by mail. |