19.08.2022
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Kazakhstan: mayor demands apologies from journalists through court

The mayor of Ashibulak rural district, located in Ili district of Almaty region, filed a lawsuit against the editorial staff of the Kazakhstan information portal “Tengrinews.kz” and the editorial staff of the Information Center of the Eurasian Bureau of the World Federation of Trade Unions (WFTU) and the labor movement of the CIS countries.

Among the defendants in the mayor’s suit are the brothers Bibadjanov – heads of large families. From them, the mayor of Ashibulak rural district, 32-year-old Zhasulan Onalbaev, demands to recover $ 1165 as compensation for moral damage caused to him.

Kazakhstanis learned about the story of the twin brothers Bauyrzhan and Sabyrzhan Bibadjanov at the end of March this year, when men told through the media that they were being thrown out of their house with twelve minor children.

Briefly, the background is as follows: in 2001, Bauyrzhan Bibadjanov got a job as a diver at the rescue post of Pervomaisky ponds. He didn’t have his own house and the administration of the water-rescue service of Kapshagai region allowed him to live in an abandoned warehouse located on the shore of Pervomaisky ponds. In 2003, the second brother, Sabyrzhan, got a job at the same rescue post. The men began to live together, having re-equipped the warehouse into living space. Then both got married and had children.

In 2017, the brothers Bibadjanov decided to legalize their rights to the house and 40 acres of land. They filed an application to the court for the legalization of property. At the first court hearings, it was established that both the land and the former warehouse didn’t belong to anyone and, according to the law, the brothers could register them for themselves.

However, no one allowed the brothers to register the property. On the contrary, Bauyrzhan was fired from rescuers for negative reasons. Following him, Sabyrzhan lost his job. And the house and the plot were leased to a specialized boarding school-college of the Olympic reserve. At the beginning of this year, the administration of the sports school presented the Bibadjanovs with an ultimatum – to vacate the premises until March.

“All the time, the school wanted to take our land with access to the pond. Although there is nothing on my territory, and the neighboring one has its own pier, hangars for storing boats and all conditions for training. And now they want to take the land and turn us out of the house. Nobody asks us or offers any options. Although we filed a lawsuit to leave us the house and 8 acres out of 40. In our country, every citizen has the right to have 10 acres of land, and we have two families. Therefore, let them leave us 20 acres, and they can take the other half, but they want to take everything away,” Bauyrzhan Bibadjanov said in the interview with Tengrinews.

On March 29, a real delegation arrived to evict the brothers, including the mayor of Ashibulak rural district, Zhasulan Onalbaev, the deputy mayor of Ili region, Marlen Kasenov, representatives of the Regional department of social protection of the population, as well as a lawyer from the sports school of the Olympic reserve.

“These are just real barbarians who throw 12 children of the brothers Bibadjanov out of the house, where two families have lived for 20 years! These are the servants of the people, representatives of the authorities – the mayor of Ashibulak rural district, Zhasulan Onalbaev, well-fed and satisfied. He is only 32 years old. This is the deputy mayor of Ili district. On March 29, they all came to the house of the brothers Bibadjanov to persuade them to vacate the premises. Two families of brothers with 12 children lived in this house for 20 years and paid for utilities. Their children go to school! Instead of helping families with small children, the mayor of Ashibulak said that there is no law to legalize the house and issue documents for the house, in which the brothers have lived for 20 years! And the head of the land committee said that the house is not considered a house and is in emergency condition! This is how they treat the citizens of Kazakhstan who have worked for the emergency service of the Ministry of emergency situations for many years! The mayor of Ashibulak rural district, Zhasulan Onalbaev, who took up his duties in January 2021, managed to sell the land, where the house of the families Bibadjanov is located. Before that none of the mayors drove the brothers out of this land plot, since the land was not registered. Anyone doesn’t care about the fate of 12 small children of the Bibadjanovs. These are the servants of the people, representatives of the authorities in Kazakhstan!” wrote the portal of the Information Center of the Eurasian Bureau of the WFTU about this story.

The mayor of Ashibulak rural district, Zhasulan Onalbaev, didn’t like the articles, and he went to court with a claim for the protection of honor and dignity.

In his statement of claim, the official demanded to oblige the editors of the portals to remove these posts, as well as video and photo materials within 10 days, as well as to publish a refutation of these articles and an apology addressed to him within 30 days.

And from the Bibadjanovs, he initially wanted to demand $ 2.5 as compensation for moral damage, but then increased the amount to $ 1165. In addition, the official demands that the brothers refute the previously disseminated information and withdraw their statements from the Prosecutor’s Office, where they asked to check the legality of the authorities’ actions.

The court on the claim of the mayor Onalbaev is to be held at the end of the month. In addition, the brothers are awaiting another trial – for the confiscation of the house.

 

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The Analytical Center for Central Asia (ACCA) is a group of professional journalists who work in Central Asia. We cover all cases of human rights violations in Kazakhstan, Uzbekistan, Kyrgyzstan, Tajikistan, and Turkmenistan. We post news without censorship and present information as it is. Each material is carefully checked before publication, in order to ensure its authenticity. All news from ACCA.media is available to you both on the website and social networks - start following us and stay tuned for new publications. Contact information with which you have an opportunity to send your news or contact journalists: info@acca.media

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