Identifier
Created
Classification
Origin
09ASTANA6
2009-01-05 08:42:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:  

KAZAKHSTAN: YOU WIN SOME, YOU LOSE SOME -- COURTS RULE ON

Tags:  PGOV PREL PHUM OSCE KDEM KZ 
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UNCLAS ASTANA 000006 

SENSITIVE
SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PREL PHUM OSCE KDEM KZ
SUBJECT: KAZAKHSTAN: YOU WIN SOME, YOU LOSE SOME -- COURTS RULE ON
TWO CASES AGAINST OPPOSITION PAPER

REF: ASTANA 2407

UNCLAS ASTANA 000006

SENSITIVE
SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PREL PHUM OSCE KDEM KZ
SUBJECT: KAZAKHSTAN: YOU WIN SOME, YOU LOSE SOME -- COURTS RULE ON
TWO CASES AGAINST OPPOSITION PAPER

REF: ASTANA 2407


1. (U)Sensitive but unclassified. Not for public Internet.


2. (SBU) Two Almaty courts ruled on December 26 and 27 on two of
the five pending libel cases against the opposition paper Taszhargan
(reftel),with one decision in the paper's favor, and one against.
On December 26, the Almaty Economic Court took the paper's side in
its dispute with the local police department over articles on
corruption in the department's ranks. The courts rejected the
department's claim for 50 milllion tenge (approximately $400,000)
for damages to its dignity and honor. However, immediately
following that decision, the Almaty Administrative Court ruled on
December 27 that the paper was guilty of undermining the dignity of
ethnic Kazakhs when it quoted a pejorative comment made by one of
the local residents in its coverage of an inter-ethnic clash in the
Malybay village. The courts fined the paper close to 400,000 tenge
(approximately $3,000). The criminal case against the journalist
who wrote the article is still pending.


3. (SBU) COMMENT: The positive decision by the Almaty Economic
Court is a welcome development. Local administrators and officials
are known to use libel laws to punish papers for critical articles,
and the court's decision could begin put a damper on the practice.
Although the decision of the Administrative Court was surely a
disappointment to Taszhargan, it was far from surprising.
Kazakhstan's legal code places strict restrictions on speech that
"incites" racial, ethnic, or religious hatred.

HOAGLAND