DUSHANBE, February 24, 2011, Asia-Plus — A court in Dushanbe’s Firdavsi district has adjourned hearing over lawsuit filed by Anvar Taghoymurodov, head of the Interior Ministry organized crime control department (UBOP), against the
Asia-Plus
newspaper until March 10.
Judge Nusratullo Asadullo, who is taking in the trial, ordered adjournment on February 24 noting that they sides should prepare all necessary documents by the next meeting for beginning of a trial on the merits.
Asia-Plus
today submitted a copy of order on appointment of Marat Mamadshoyev acting editor-chief of
Asia-Plus
and document empowering Mamadshoyev to take legal action on behalf of the newspaper to the court.
The newspaper also lodged complaint against ruling handed down by the presiding judge at the January 14 hearing. Under Article 150 (2) of the Civil Procedure Code of Tajikistan, the judged was to hold the preliminary hearing with participation of the parties and their representatives, but he did not do that.
Besides, the judge delivered judgment that Marat Mamadshoyev is not acting chief editor of
Asia-Plus
relying just on allegations of plaintiff’s lawyer, while under Article 13 (2) of the Civil Procedure Code, judge presiding over a civil lawsuit should ensure implementation of the rights of the parties, the complaint says.
Therefore, the newspaper asked the judge to overturn the previous decision on dismissing
Asia
-Plus’
counterclaim against Anvar Taghoymurodov.
Taghoymurodov’s lawyer, Jamshed Ghiyosov, however, doubted genuineness of Umed Babakhanov’s signature and asked to verify it.
In connection with documents and complaint submitted by
Asia-Plus
as well as at request of Taghoymurodov’s lawyer, the judge ordered adjournment until March 10.
We will recall that during the previous hearing that was held on February 14, Nusratullo Asadullo, the presiding judge at Dushanbe”s Firdavsi district court, dismissed counterclaim filed by
Asia-Plus
against the plaintiff.
The newspaper editor Marat Mamadshoyev filed the counterclaim against Taghoymurodov for protection of the newspaper’s business reputation, asking for 15,000 somoni in damages from the UBOP chief, but the judge said Mamadshoyev failed to produce any official documentation to prove he is empowered to take legal action on behalf of
Asia Plus
.
Taghoymurodov”s lawyer, Jamshed Ghiyosov, said on February 14 that Umed Babakhanov, the owner of
Asia Plus
, should appear in court to defend the paper”s reputation.
The UBOP chief Anvar Taghoymurodov in late January filed the defamation lawsuit in the court in Dushanbe’s Firdavsi district against the
Asia-Plus
newspaper, asking for 1 million somoni as compensation for moral damage caused by article published by the newspaper. The Interior Ministry high-ranking official who filed the lawsuit as private citizen claims that the article entitled “Investigation or Inquisition?” printed in the newspaper in December defames his honor and reputation.
The article published in the December 21, 2010 edition of the newspaper told of the use of torture on some suspects by UBOP agents in Sughd province.
