02.06.2008 : The court session on consideration of the president’s (Kurmanbek Bakiev) relative to two newspapers continues.
In Pervomaisky district court passed regular court session on claim of Asylbek Saliev, son of Janybek Bakiev (brother of the president), to 2 newspapers “De-facto” and “Alibi”. He accuses these media sources in distribution of information that defame him and demands to publish a refutation, and to exact from each of edition 1 mln soms and 500 000 soms from each of authors of articles as an entitlement payment for moral damage. Consideration of this case was given to deputy chairman of Pervomaisky district court Madina Davletbaeva.
Representatives of plaintiff mark, that information on road accident withb fatal outcome, in which ostencibly participated Asylbek Saliev, was published without written permition of inspector, which investigated this case. According to their data, both editions, not waiting for results of investigation and decision of court, named their client guilty in this incident. First article, as became known during court investigation, appeared in Alibi, later it was re-published referring to its source in De-facto.
Defendants - editor in chief of newspaper “Alibi” Babyrbek Djeenbekov, personally representing interests of edition, and editor in chief of “De-facto” Cholpon Orozbekova and her lawyer – director of National legal corporation Shamaral Maichiev – refuse everything and themselves lodged a complaint to recognise this claim as illegal.
On demand of defendants was organized linguistic examination in National Academy of Science KR. However defendants are not satisfied with its results. “we put 10 questions before experts, the answer has only 4 points. Moreover, standards of procedure in form of examination were not observed. On the basis of which we demand to make a supplementary estimation of articles ”,- declared Babyrbek Djeenbekov. Judge Madina Davletbaeva declined this petition.
In turn, Shamaral Maichiev offered to organize psychological examination of plaintiff – Asybek Saliev – to determine depth of his emotional feeling. Director of NLC offers on the basis of this examination estimate adequacy of demading sum for moral damage. Lawyer refered on plenum of Supreme court KR, which in its comments of cases review 2002-2003 permit to use this practice. Editor of “De-facto” offered to pay for examination. Representatives of plaintiff acted against this, having declared, that defendants are trying to delay the court investigation. They explained their position by that Asylbek Saliev in in Tatarstan and will come back to Kyrgyzstan after 1,5 year.
Madina Davletbaeva left this question open.
There left only hearing of arguments, after which court must born a verdict.