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Journalists of Almaty are being allowed to keep silence



In the 10th of March in Almaty before entering in building of the city court were occurred simultaneously to precedent events for Kazakhstan. In taken protest against decision of the city court, enlarged tenfold amount of the fine in respect of opposition newspapers “Taszhargan”, for about fifty journalists and members of media-associations have conducted the taciturn picket line. On the one hand, Kazakhstan mass media quite often being subjected to judicial suit and persecutions, the higher judicial organ has tightened the punishment. On the other – a picket line was not dispersed and pickets didn’t enter to judicial pew for participation in unapproved public meeting.


The article of Almas Kusherbaev “Poor large land owner”, which was published on April 24, 2008 in “Taszhargan” newspaper, has caused the counter reaction “hero” of the publication – a deputy of the lower chamber of the parliament of the RK Mr. Romin Madinov. The deputy who in article of Kusherbaev was named «large land owner”, filed the suit about protection his honor and valued his insult for about 300 million tenge (2 million dollars). The district court of Almaty made a decision to enforce from defendants in the aggregate (from the author of the material and from the editing of the newspaper) 3 million tenge (beside 20 thousand dollars), however city court will go toward appeals of the deputy and on February 26 has enlarged the amount of the fine in 10 times.


Almas Kusherbaev explains that his “deputy Mr. Madinov was interesting only as background of the problem, which last year was connected with increasing of the prices on bread”.


The representatives of the fund for freedom of speech protection “Adil soz” consider that this kind of decision will compel to close the newspaper and that A. Kusherbaev to come to pay not before the end of his own days. Together with that, Ermurat Bali – the former editor of “Taszhargan” does not voice the misgivings for fates of the newspaper – before this moment authorities closed that newspaper five once or even more, but every time it was revived under new name, and maybe names are stored else for a long time. Now E. Bapi hitherto performs in editing of the functions “main of the readers” since he in 2003 was sentenced for a year of the deprivation of the liberty conditionally for publishing of the critical material in the address of the president of the country, but after completion of the period of the punishment during five years had a no right to concern with printed activity.


In Tuesday several groups of ten employee printed and internet-publishing also representatives of  “Journalists Union of Kazakhstan”, fund for protection the freedom of speech “Adil Soz” and organizations “Journalists in trouble” left to courthouse, where more weeks ago was stood disputable decision. In comparison with opposition party, journalists took the opportunity not to ask the permits in city administration on undertaking the peace action (where probability refusal of 99%), but use the preventive right, having declared about its intention through one of the having a large circulation newspapers.


Strained on mouth armbands with inscription “fine”, mass media employees have unfolded the posters. Support the participant of the picket line came for about hundreds of their colleagues, activists of public and political organization. To collected left the public prosecutor of the region, but has offered to pass not in traditional police cars but in courtroom where that will be able to voice its discontent directly by judge’s rank.


Raushan Adilbaeva, the assistant of the chairman to boards on civics affairs has reported the common-room:


                     Because of today we have gathered to express our relations to judicial resolution of the town court, which has enlarged the amount, is not a method of the permit to those situations, which was appeared between Mr. Madinov and the newspaper “Taszhargan”.


Wanted to remind that these ways in the first degree are like a pressure on court at the realization of justice. – she continued. – Resolution of boards has entered in legal power since the acceptance day and does not subject to discussion. The court considered collectively – in composition of three judges, that was their opinion.


The judge have offered to appeal in higher authority the resolution to boards in controlling order, having promised that at court will consider the deal in collective composition of nine judges, including chairman of the city court. But reminding about the past it is impossible not to fear that nine judges just “strained” amount before required 300 million.


Apropos, for several days before undertaking the action was voiced Musabek Alibekov the chairman to boards on civic cases of Supreme court of the RK. He hinted that “on that amount, by its volume there are some questions”. Though is not excluded that thereby he simply tried to shave off the incandescence.


However even though will in effect remain the first decision, newspaper will be hard to find the possibility to pay 20 000 dollars. On the other hand, after police body and public prosecutor’s office they have allowed to conduct the peace overt protest, people of Kazakhstan, maybe, and henceforward will have a right on freedom of assembly guaranteed by Constitution and Elective protocol “International pact about civil and political rights”, signed by president of the country on February 13th. In this pact, alongside with the other possibilities in the field of human rights, people enables on participation in peace action on notification base that is to say without reception of the permit in local organ of power.


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