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January 30, 2007

Hindus were sentenced in their absence

January 29th, 2007 Viktor Golous, the Chairman of Almaty Province Society for Krishna Consciousness, received an invitation to participate in the Karasai District Court session on the claim of the Karasai District Hakimat to consider the sale-purchase deal on 116 acre of land between Zhaksybekov and Consortium of Almaty City Society for Krishna Consciousness  and Hugarian SKC null and void.  He was invited as a representative of the Almaty City Society although he is a Chairman of Almaty Province Society.

On 30th of January Viktor Golous came to the court. Before the court hearing he submitted court an application with the request to postpone the case, because he received the invitation to the court just a day ago and didn’t have time to find an advocate. The application was registered with the court and the SKC Chairman proceeded to the hall of the court hearing.

The advocate of Zhaksybekov was present there. Before the session began, two people entered the room of court hearing. One of them introduced himself as inspector of financial police. None of them have presented an identity documents. They sat on each side of Viktor Golous and demanded that as a citizen of Kazakhstan and the chair person of the religious organization he should inform them where the members of SKC Markin, Hibatullin and Shklovskaya were. Golous asked them, who they were, what the purpose and legal bases of their inquiry was, and why is he obliged to give them this type of information.   At that time judge’s secretary came to the room and invited Viktor Golous to proceed to judge’s office.

The judge Zhailybayev said that he has no right to speak to Viktor Golous without him having an advocate. The judge told SKC Chairman to go and said that he will be informed by the court about the appointed date and time of the hearing. SKC Chairman was convinced that the hearing is postponed and thus left the court.

According to the representative of Zhaksybekov, soon after the Viktor Golous left the court , the judge entered the room of the court hearing followed by representatives of the Karasai District Hakimat: Portnyagin, the chief specialist of the Almaty Province Land Committee and, Zhunisbayeva, specialist on religious affairs of the district Hakimat.  There was a suggestion to have the court case without representatives of SKC. The representative of Zhaksybekov said that he has seen Viktor Golous in the court hearing room few minutes ago, and obviously SKC Chairman wanted to take part in the court session. These words were not included in the minutes of the court hearing and thus the court session started.
The court hearing was short. The court studied the content of the case.

The representative of Zhaksybekov asked why the plaintiff requested the court to transfer the 116 acre of land to the land reserve of Karasai district if that was a subject of the previous claim of Hakimat and therefore the plaintiff cannot ask the court for the same thing again.

The representative of the Hakimat, Zhunisbayeva got bewildered and didn’t know what to answer finally she demanded the land to be transferred to the land reserve of the district.

Representative of Zhaksybekov asked why the plaintiff considers the transaction fake.

The chief specialist of the Land Committee, Portnyagin said that there were a lot of infractions in using the land plots of Zhaksybekov, of which he was informed by receiving prescriptions to correct the infractions, therefore the transaction between him and Consortium was fake. 

(First of all Zhaksybekov didn’t receive any prescriptions, secondly infractions have nothing to do with a land transaction, they are subject of administrative jurisdiction). 

It was announced that the court hearing is closed and the judge left to the chamber. In few hours the decision of the court was announced verbally. The court decided to partially satisfy the claim of the Hakim. Thus the transaction between Zhaksybekov and Consortium was considered null and void and the part about giving land to the land reserve of the district was canceled. It was also mentioned that the plaintiff, namely Karasai District Hakim has right to appeal to the Supreme Court to review the decision of the Supreme Court of 30th of June, 2005.

It was announced that a written decision of the court would be given on 2nd of February, 2007.
 

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