Hot News 2005

April 8

The higher court dismissed an appeal

Dushanbe City Court was considering an appeal against the 19 January 2005 court ruling over Neriu Sukhan weekly. Defendant Aminov filed a formal objection against the jurors in the case, for bias, and proposed that the case should be heard by the Supreme Court. He gave justification to his objection, saying that plaintiff’s wife Mehribon Abdullayeva is a judge in Dushanbe City Court. Additionally, he told that Nigmat Abdulloyev is a dean of the Judiciary Law Department in the Tajik State University; he had been teaching all judges, who currently work in the court, in the past, and now he gives lectures to son of Goibnazarova, the court chairman. The jurors, Isoyev, Timurov and Sharipova dismissed the appeal as baseless and finally upheld the lower court ruling, reducing the amount in moral damages from 50 thousand somonis (approx. USD 17,000) to 35 thousand somonis (approx. USD12,000). Defence attorney Buzurgmehr Yorov argued that the plaintiff Abdulloyev had brought a new criminal action against Aminov, which implies that the current civil action should be suspended by virtue of article 223 of the Civil Code, item 4, but the court ignored his arguments.   

Knuriddin Aminov expressed his disagreement over the court decision and plans to appeal it to the City Court Presidium in Dushanbe.

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