10 June 2009, 23:10
In Kabardino-Balkaria, judge rebukes advocate for giving information to journalist
Judge of the Tersk District Court of Kabardino-Balkaria has announced a rebuke to advocate Mukharbi Kardanov for his presenting information to the "Caucasian Knot" correspondent about a criminal case considered by this court. The figurant in the case is Askerbiy Khambazarov, a senior operative officer of the Criminal Investigation Department of the Ministry of Internal Affairs of the Kabardino-Balkarian Republic, accused under three articles of the Russian Criminal Code.
The court asserts that by doing so, the advocate has broken the defendant's presumption of innocence and tried to put pressure on the court.
Mukharbi Kardanov said that he was rebuked by the court upon petition of the defendant's advocate. "My argument that a rebuke should be based on a law provision was rejected by the court," the advocate has noted.
"A ban on me to present information on the case, in which I'm a lawful party, encroaches on my rights as a party in litigation. I'm not an operative agent who signed a nondisclosure; and a judicial session is not an operative action, not a state secret, but the principle of publicity of criminal legal proceedings can't be cancelled voluntarily, on a petition of a litigation party," Mr Kardanov has stated.
In the opinion of the advocate, the fact that the court saw pressure in making public of non-secret materials of the case, which were a subject of proceedings, is contradicting the high authority of the judicial power.
We remind you that the point is in the criminal case against Askerbiy Khambazarov, a senior operative officer of the Criminal Investigation Department of the MIA of the KBR, accused of an attempt to plant drugs on a detainee. The "Caucasian Knot" wrote about it on May 30 this year.
Let us note here that simultaneously with rebuking the advocate for contributing to a "Caucasian Knot" publication, the press service of the MIA of the KBR promulgated a statement expressing discontent with other publications of the "Caucasian Knot" (in particular, with publications on violation of citizen I. P. Kip's land ownership rights and "Woman from Kabardino-Balkaria complains of blackmailing by militiaman").
"Woman from Kabardino-Balkaria complains of blackmailing by militiaman," "Problem of media freedom discussed at the Human Rights Centre of Kabardino-Balkaria."
Author: Luiza Orazaeva Source: CK correspondent
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