11 May 2012, 22:40
In Dagestan, representatives of newspaper "Nastoyaschee Vremya" challenge fine imposed on editor-in-chief
On May 10, in Dagestan, Zagalav Samoev and Gamid Gamidov, representatives of the newspaper "Nastoyaschee Vremya" (Real time), filed an appeal to the Kirov District Court of Makhachkala against the decision of the magistrate court of holding Milrad Fatullaev, editor-in-chief of the newspaper, administratively liable for failure to prevent defamation of Magomedsalam Magomedov, President of Dagestan.
The "Caucasian Knot" correspondent was informed about the appeal filed by Ruslan Gereev, Deputy General Director of the newspaper "Nastoyaschee Vremya".
"This decision (of the court) is unjustified, unlawful judicial act on the grounds that the court has failed to reveal facts of the case to prove existence of the events and components of crime," states the appeal. Besides, the appeal indicates that Nadira Isaeva, the author of the article, which became the subject of the consideration, has not been questioned, and "her guilt has not been proved by investigators or by the court."
Representatives of the newspaper believe that the complaint on behalf of the leader of the republic was filed to the prosecutor's office by a person not entitled by law to file such a complaint, and the very case should be a subject for jurisdiction of the district court and not the magistrate court. Besides, the complainants claim that Mustapa Genzhekhanov, Chief of Legal Department of the President of the Republic of Dagestan, who represented the interests of Magomedsalam Magomedov at the trial, is not entitled by the law to defend interests of the victim.
In this regard, representatives of the newspaper "Nastoyaschee Vremya" ask a higher judicial instance to cancel the decision of the Kirov District magistrate court of Makhachkala, the precinct No. 5, and to stop administrative proceedings against Milrad Fatullaev due to lack of evidence of administrative offence. Besides, the complainants ask to bring Mustapa Genzhekhanov to responsibility "for impeding lawful professional activities of a journalist (Article 144 of the Criminal Code of the Russian Federation)."
Author: Natalia Krainova Source: CK correspondent