Is Mustafa Shokay the fighter for freedom or the helper of fascists?

The monument is put and the memorial plaque is opened in his honor in Paris. The streets are called his name in Almaty and Kyzylorda. Last year the documentary film was released about him. The matter is about the person whom called Mustafa Shokay.
This person lived during rough historical times – in the first half of the XX century. He wasn't simply the witness of the epoch, he actively tried to change it. Here the questions also begin –there are different estimates of the life and activity of Mustafa Shokay. For example, Wikipedia placed about the vast article about him which is preceded by such words: “the Kazakh public figure and the statesman, publicist, ideologist of fight for freedom and independence of the Unified Turkestan, the helper of fascist Germany in capture of the power over Central Asia”.

The popular Ust-Kamenogorsk newspaper Flash published the critical materials about the documentary film “By the roads of Mustafa Shokay”. Then the producer Kasymkhan Begmanov demanded to recover more than 30 thousand dollars from the journalists of the newspaper. The court already began …

We bring to your attention the documents which, in our opinion, give complete idea of this situation which we will continue to follow.

 

To the judge of Ust-Kamenogorsk City Court T.T.Kasimov

From Denis Georgyevich Danilevsky,
1961 year of birth, editor-in-chief of the newspaper “Flash!”,
resident of Ust Kamenogorsk,
Utepov St., 33-52
RNT 181711755487
procedural status is the defendant

Objection to the statement of claim about the protection of honor, dignity,
professional reputation and compensation of moral harm

Kasymkhan Begmanov's statement of claim about the protection of honor, dignity, professional reputation and compensation of moral harm came up before the city court of Ust-Kamenogorsk. He doesn’t agree with the shown claim on the following bases:

The honor, dignity, professional reputation of the claimant weren’t mentioned in any way in the phrases provided in the statement of claim from my article “National democrats against the Customs Union”. There is no assessment to him as director, artist, screenwriter in these phrases, his creative abilities aren't exposed to any doubt, no assessment given to the film shot by him “By the roads of Mustafa Shokay”. The matter is only about the value judgment concerning the hero of his film – Mustafa Shokay's historic figure. Kasymkhan Begmanov, without being Mustafa Shokay's direct heir, is not competent to make any claims in that case.

Thus, Kasymkhan Begmanov unfairly declared the obviously superficial claim.

Meanwhile, the Doctor of Political Sciences Bakhyt Sadykova, whose publication are attached to the statement of claim as demonstrative base, gave very rigid criticism in the newspaper “Truth of Kazakhstan” (the copy is applied) as to Begmanov's film and him, as to the author of the film and the creative person. She called him “politically illiterate poet who has not addressed for preliminary consultation to experts” and also expressed opinion that his true purpose was “to score in beams of glory of Mustafa Shokay”. Namely these statements directly mention the honor, dignity, Begmanov's professional reputation as the author of the film.
The phrase from my article “National democrats against the Customs Union”, shown as the justification of claim, are pulled out from the general context of article. The matter there is about the attempts of the political forces, resisting to a course of the President on integration on the Eurasian space, to break the integration process. The attempts of history distortion of the people of the former Soviet Union are noticed recently. As I am the historian by training (in 1989 graduated from Ust-Kamenogorsk Pedagogical Institute, history department, specialty “teacher of history and social science”, the honors degree – the copy is applied), a lot of years worked as the teacher of history and social science (the copy of the service record is applied), at last, as the person, in whose family the Great Patriotic War brought a grief and loss of the native person (on November 12, 1942 my grandfather, Dmitry Vasilyevich Danilevsky was seized by fascist chasteners by participation in bodies of People's Commissariat for Internal Affairs and Communist party and was placed in prison and further destiny is not known for us; he is considered as the missing person – the copy of the reference is applied), these processes excite me very much. Having watched Begmanov's film “By the roads of Mustafa Shokay”, I was indignant of that there were no the most important episode of life and activity of Mustafa Shokay in the film – the cooperation with the Hitlerites for the purpose of creation from captured Red Army men the natives of the republics of Central Asia of the Turkestan legion which was urged to be at war against the Soviet Army and also to be used for overthrow of the Soviet power in the Central Asian federal republics and the creation of the Turkestan state under the protectorate of Germany there. This most serious distortion of history induced me to write these several paragraphs of article devoted to Mustafa Shokay, as the main hero of the film of Begmanov. Also I was indignant of that the department of domestic policy of Ust- Kamenogorsk invited the journalists to write about the presentation of this film within the state order, i.e. for payment (listing of the letter is applied). Actually from this letter I got to know about the film presentation. It is told about it in several paragraphs of the article “National democrats against the Customs Union”.
The information source that Mustafa Shokay cooperated with the Hitlerites concerning the creation of the Turkestan legion was the encyclopedia “The Kazakh Soviet Socialist Republic. Brief encyclopedia. Volume 1. Alma-Ata. 1985”, page 60, (the copy is applied) where the following data contains: “M. Shokay adjoined the fascists in days of the Second World War”.
One more source was the book of Serik Shakibayev “Falling of “Big Turkestan”, publishing house “Zhazushy”, Alma-Ata, 1972. The copy of the book cover and the chosen pages are applied where the period of activity of Mustafa Shokay connected with his cooperation with fascists which was described in detail. The book is written by the chief of the Kustanay regional management of KGB of the Kazakh SSR that even more increases its value as the historical source.
These sources aren't recognized as invalid by any court or any special state commission. These sources aren't recognized neither by court, nor by any state authority as forbidden to distribution and reading, therefore, they are the same sources, as well as published after the articles and the books on this subject.
Also the sources are the articles of already mentioned Bakhyt Sadykova in the newspaper “Truth of Kazakhstan”. So, she writes in the article “The steppe often dreamed me in Paris” (“Truth of Kazakhstan” of April 23, 1997 – the copy is applied) that “Mustafa Shokay's name was connected with the Turkestan legion at the Soviet power. Well, it is possible to assume that the idea of its creation belongs to Shokay … The thought on creation of a special legion from among the citizens of Turkestan then arosed”.
Also the evidences are given in B. Sadykova's article “Only the destiny I can blame for our eternal separation” (“Truth of Kazakhstan” of March 11, 1997 – the copy is applied) that M. Shokay visited the prisoner-of-war camp in Germany and carried out the explanatory work among the prisoners of war of the Red Army men and also made special lists of the prisoners of war selected by him.
The given sources testify the cooperation M. Shokay with fascists and with the high-ranking heads of the fascist Reich. Any civilized country won't aspire to erect the persons cooperating with fascism in a rank of national heroes. In Kazakhstan M. Shokay isn't recognized as the state hero or the person having any merits before the country. There is no Law, the Decree of the President or the conclusion of the state commission, recognizing the merits of Shokay. The anniversaries of Shokaya aren't celebrated at the state level in the country, there are no commemorative medals or other awards in his honor. All that is done in promotion of M. Shokay including his name assignment to the streets is the private initiative. Also there is no the Law in Kazakhstan forbidding the critical statements to M. Shokay, respectively, the punishment for such statements and publications isn't provided also.
My opinion about Mustafa Shokay hasn’t changed after the filing of this claim by Begmanov. I think that the main hero of the film and his activity in the days of war and glorification of his image today contradicts the policy of the President and state policy of the country. The activity of M. Shokay carries the anti-Russian orientation. The claimant writes in the claim that M. Shokay fought for release of the Turkic people after emigration. There is a question – for release from whom? As then the Turkic people were the part of the USSR, it is possible to draw a natural conclusion – for release from Russia. Meanwhile, the Russian Federation is not only the strategic partner of Kazakhstan, but also the ally in the Customs Union. The president of Kazakhstan, the Leader of the nation Nursultan Abishevich Nazarbayev carries out the steady line on integration of the former Soviet republics that already found the practical expression in the Unified economic space which has begun the work since January 1, 2012 and in the decision of the presidents of Kazakhstan, Russia and Belarus on creation of the Eurasian Union since January 1, 2015. In this situation the forcing of the anti-Russian hysteria by means of similar heroes contradicts the geopolitical line of Kazakhstan. M. Shokay didn't talk about independent Kazakhstan, he spoke about a certain Turkestan, meaning the huge space of Central Asia. (See the copy of page 96 of the book of S. Shakibayev “Falling of “Big Turkestan”). The same idea of the creation of Turkestan from the Afghan border, the Caspian Sea, to Kazan, idea of the Turkestan Muslim state bear and extend the various extremist and terrorist organizations transferring the emissaries for blasting work in Kazakhstan. (See the hard copy of site “Geopolitik” on the Asian caliphate, the hard copy of “Turkestan “terrorists” make harm to Uygur movement”, hard copy from the site of the Committee of National Security about the terrorist organizations in Kazakhstan).
These organizations already passed to implementation of the acts of terrorism which have carried away the lives of Kazakhstan citizens. The exaltation of the figure who was setting the purpose of the creation of “Big Turkestan” plays into the hands only. The youth can simply get lost in the guidelines: on the one hand they are spoken about the harm of the Islamic extremism, who is setting the purpose of the creation of the Muslim state, on the other – the personality is propagandized who has devoted the life to creation of such Turkestan state. The threat to international peace and harmony in Kazakhstan is created also. The damage of national security of Kazakhstan is caused in this plan also. I didn't begin to publish this opinion in the mentioned article, understanding that it can have a huge resonance.

The claimant declares that the publication did him the moral harm, feeling of humiliation, suffering and estimates the moral harm at 5 million tenges. Thereby the claimant contradicts to himself. In the same statement of claim he provides the facts of his film recognition, in particular, the order of the Ministry of Education of the Republic of Kazakhstan about the inclusion of this film as a recommendatory manual on history of Kazakhstan. The order is of January 20, 2012. The article, to which the claimant has claims, was published on July 14, 2011. Actually, this article didn't render any value and any moral harm on film recognition.

The claimant doesn't provide any proofs of the suffered moral harm. Besides the declared sum of moral harm is not reasonable and doesn't correspond to a rationality and sufficiency principle. The claimant requests 5 million tenges, at that time, for example, as families of the victims in tragic events of December 16, 2011 in Zhanaozen will get the compensation in 1 million tenges, victims – 500 thousand tenges from the state (hard copy of the information message is applied). I.e. the claimant estimates the moral harm allegedly done to him above than the state estimates the human life.

The journalist bears responsibility only if the data published by him don't represent the facts. The phrases provided in the statement of claim from the article “National democrats against the Customs Union” represent the facts. Responsibility doesn't come, if the journalist published the opinion or value judgment. The specified phrases are the opinion, value judgment of the author of M. Shokay personality about whom the claimant shot the film. The author used the right guaranteed by the Constitution, defining the political and ideological variety (Article 5) and the freedom of speech (Article 20).
On the basis of stated, I ask the court:
1. To fully refuse the denial publication and compensation of moral harm in the sum of 5 million tenges and payment of court costs in the sum of 100000 tenges in Kasymkhan Begmanov's claim.
2. According to article 112 of the civil procedure code of the Republic of Kazakhstan to recover the damages for time loss in the sum of 50000 tenges from Kasymkhan Begmanov.


«___» __________ 2012г.


Appendix:
1. Copy of B. Sadykova’s preface to the article “Maria Yakovlevna's last will, “Truth of Kazakhstan”, No. 29 (446) of September 1, 2011.
2. Copy of the honors degree of ZhV No. 243782 of the graduation of the history department of Ust-Kamenogorsk Pedagogical Institute of June 26, 1989.
3. Copy of the service record ET – I No. 2219411, issued on April 15, 1980.
4. Copy of employment records ET – I No. 2219411, pages 12-13.
5. Copy of the reference on arrest of Dmitry Vasilyevich Danilevsky by the German punitive bodies, issued by the Ministry of State Security management across the Rostov region on August 14, 1947.
6. Hard copy of the letter of domestic policy department of Ust-Kamenogorsk of July 5, 2011 with the invitation to film presentation “By the Roads of Mustafa Shokay”.
7. Copy of the cover of the brief encyclopedia “The Kazakh Soviet Socialist Republic” and page 60 of encyclopedia.
8. Copy of the book cover of S. Shakibayev “Falling of “Big Turkestan” and pages 6-7, 8-9, 10-11, 96-97 of these books.
9. Copy of the article of Bakhyt Sadykova “The steppe often dreamed me in Paris” in the newspaper “Truth of Kazakhstan” of April 23, 1997.
10. Copy of the article of B. Sadykova “Only the destiny I can blame for our eternal separation”, “Truth of Kazakhstan” of March 11, 1997.
11. Hard copy of Interfax agency information about compensation sum to dead and injured during the disorders in Zhanaozen on December 16, 2011.
12. Hard copy of the site “Geopolitik” on the Asian caliphate.
13. Hard copy of “Turkestan “terrorists” harm to Uygur movement”.
14. Hard copy from the site of the Committee of the National Security about the terrorist organizations in Kazakhstan.