"Since Khabar company owners have hidden, the company
should be nationalized"
Altynbek Sarsenbayev: If the court ruling had been in my favor, it
would have damaged Dariga Nazarbayev's business, and on the other hand, the court would
have acknowledged the existence of a monopoly on Kazakh television market.
Vadim BOREIKO
On July 21 civil action commission of the Almaty city court left
unchanged the trial jurisdiction ruling on the lawsuit filed by "Agency Khabar"
joint-stock company against Altynbek SARSENBAYEV, co-chairman of the party "True
"Ak Zhol" and dismissed the defendant's appeal. The Khabar agency filed a
lawsuit to the Medeusky district court and demanded that Mr. Sarsenbayev refute his
statement highlighted in the press about the need to demonopolize the media company owned
by Dariga NAZARBAYEVA and her family members. The district court ruled that the defendant
pay 1 mln tenge and publish a refutation.
- You are not surprised by the city court ruling, are you?
- I was absolutely sure that the city court would rule exactly as the
district court did. Otherwise the Khabar company would have had to return hundreds of
millions of tenge to state coffers. Don't forget that 50 percent plus one share in the
Khabar company are owned by the state, while the remaining of shares are in private hands.
Non-government shareholders have invested nothing in the development of the radio and
television company, while the government transferred 280 mln tenge to consolidate the
Khabar company after it had been privatized. During three years, 480 mln tenge were given
to cover the purchase of equipment. In addition, for the last four years a 100 percent
privately-owned television company "First Channel – Eurasia" received from the
government 150 mln tenge every year.
If the court's ruling had been in my favor, it would have damaged
Dariga Nazarbayev's business, and on the other hand, the court would have acknowledged the
existence of a monopoly on Kazakh television market. However, we intend to appeal to the
Supreme Court, and each new trial would become an ordeal for the Kazakh judicial system.
- As far as I remember, the district court denied you the right to
usher witness testimonies and to produce some documents…
- So did the city court.
- And how did it explain the decision?
- It didn't explain. I told the judge that I had copies of all
documents, the originals are stored in the city judicial body, and you should just file a
request. No reaction followed whatsoever.
- Whom of the witnesses you wanted to call?
- Over twenty persons, and Dariga first of all. I have got the evidence
of Boris GILLER, in written and notarially certified – where he wrote how they had taken
Karavan and KTK companies from him, and those by Serik MEDETBEKOV, former owner of
Russkoye Radio -Kazakhstan Broadcasting Company, as well as those by ex-premier Akezhan
KAZHEGELDIN, who knows well the way the Khabar company was established and the way Dariga
and Boris BEREZOVSKY established the ORT-Kazakhstan company.
Moreover, the court disregarded the report of the Organization for
Security and Cooperation in Europe on the election to the Majilis held last year. The
report mentioned that lots of media outlets in Kazakhstan are concentrated in one hands
and emphasized in particular that mass media monopolization and concentration often
influences the editorial policy, which contradicts international standards.
Just imagine: the court ignores the official document of the
international organization which we want to chair!
The most interesting thing is that the process has been under way for
two months already but still no one knows who owns the second, non-state half of the stock
in Khabar. No one has said,” It is mine!” I asked the judge, “If the shareholders
have hidden, it means that there is no owner; Aren’t you surprised? If you cannot find
co-founders of the largest television company in the country that is funded from the
budget, I would suggest that the government nationalize the remaining 50% stock and
transform the Khabar company into public television group.
- The court spoke not only about Khabar. Were, say, KTK owners
named?
- No.
- Those of El Arna television company?
- No.
- Or those of KaspioNet, NTK, and Alma TV?
- No.
- And who own radio stations: Hit FM, Europe Plus Kazakhstan, Radio
Retro, Russian Radio Kazakhstan?
- The court showed no interest.
– You have mentioned the First Channel – Eurasia company. But it
was you who granted the frequency to its predecessor, ORT – Kazakhstan when you were the
minister.
– ORT and Khabar companies established a joint venture to preserve
the Moscow television broadcasting. It looked logical then. But today the Eurasia Company
Moscow TV rebroadcasts make 20% of the airtime, and the remaining programs are their own
or purchased TV products. In this connection, I have got several questions. If it is a
purely Kazakh company why it fails to comply with the law “On the Languages” and
broadcasts only in Russian? If it is an 100 percent private TV company with no state
bodies and even no Khabar company among its shareholders, and with the annual profits of
$80 million (!) why it is funded from the budget?! Why is it funded via Khabar company? By
the way, the only thing that unites the Khabar and Eurasia companies is two joint-stock
companies, namely, KazTV and "Kazakhstanskaya teleradioncorporatsiya" (Kazakh
TeleRadioCorporation) – they are shareholders of those two companies.
- Wait a little, the Khabar company was the Eaurasia’s
co-founder…
- Khabar company has sold its 20% stock in this company for just
800,000 tenge (a company with a $80-million profit). The court showed no interested in
this fact either.
- Have you met with Dariga during these two trials?
- I told her before the trial: You should file a lawsuit yourself as I
am accusing you of monopolization of the TV market, not the Khabar company. Let’s look
each other in the eyes. She has never answered. And has never come to the court.
"Vremya", July 28, 2005
http://www.time.kz/2-3.htm#6 |