Khorgos ICBC Former Head Loses Lawsuit Against Orda.kz Journalist

The Khorgos ICBC former head, Yersyn Orazayev, lost a lawsuit against Orda.kz journalist Sandugash Duisenova, whom he sued last year, Orda.kz reports.

Orazayev was dissatisfied with an investigation into corruption at the Kazakh-Chinese border.

He claimed that an article of hers was the reason for his dismissal. He demanded that the information be declared false and defamatory to his honor, dignity, and business reputation. He also sought a retraction, three million tenge in moral damages, 35,000 tenge in state fees, 300,000 tenge for specialist services, and 187,674 tenge for notarial costs.

However, neither Duisenova, her legal representative Ilmira Nazirova, nor OrdaMedia.kz lawyer Olga Didenko acknowledged the claim. They argued that the article accurately quoted investors, a fact confirmed by witness testimony.

They also challenged the notary's January 23, 2025, inspection protocol as inadmissible evidence, pointing out that it was based on photocopies and issued while the case was already in court.

Ultimately, Orazayev failed to prove that the article had caused him moral harm.

A representative from the Jetisu regional prosecutor’s office, who testified in court, revealed that multiple investor complaints had been sent to the President of Kazakhstan and the Prosecutor General, prompting an official inspection of ICBC Khorgos.

The investigation uncovered serious violations, leading to an official report being sent to the regional Akimat. A complaint alleging that Orazayev had extorted money was also forwarded to law enforcement.

Investors involved in construction projects at Khorgos testified that management had created unbearable working conditions. They insisted that Duisenova simply reported on the problems they had faced.

Kairat Makulbayev, General Director of Rezon Proekt LLP, even stated that while in charge of ICBC Khorgos, Orazayev had refused to renew contracts and pressured them into illegal actions. After escalating the issue to multiple government agencies, the contracts were eventually signed.

'From witness statements and investors’ appeals to various government bodies submitted by the defendant, it is clear that Duisenova’s article was based on direct quotes from investors,' said lawyer Ilmira Nazirova. 'According to Article 68 of Kazakhstan’s Law on Mass Media, the mass media, as well as its editor-in-chief (editor), and the journalist are not responsible for the dissemination of information that does not correspond to reality, if it was contained in official statements.'

Furthermore, Judge Samal Kalimoldinova requested an official report from the Jetysu regional prosecutor’s office regarding the inspection of SEZ ICBC Khorgos JSC. The report outlined several violations, complicating keeping track of them.

It is common for officials or business figures to sue journalists in an attempt to either intimidate them into settling or to have the article removed. Proving in court that a publication is defamation results in financial compensation and public rehabilitation.

The court dismissed the lawsuit, stating that the plaintiff had not provided sufficient evidence that the article defamed his honor and dignity. It also rejected his claim for moral damages.

This case has set an important precedent for the Kazakhstani media.

At a time when legal pressure on journalists has become a standard tool for suppressing investigative reporting, this trial demonstrated that the truth can prevail in court when journalists adhere to the principles of their profession.

Original Author: Editorial