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About the verdict of the Pervomaisky District Court in the case of B. Asanov, Kadyrov K., E. Karybekov, Sarygulov J. (submitted April 17, 2017) 11.05.2017185

A News from KCHR

About the verdict of the Pervomaisky District Court in the case of B. Asanov, Kadyrov K., E. Karybekov, Sarygulov J. (submitted April 17, 2017) 
11.05.2017185


About the verdict of the Pervomaisky District Court in the case of B. Asanov, Kadyrov K., E. Karybekov, Sarygulov J. (submitted April 17, 2017) 
11.05.2017185 

Statement 

The court, which lasted seven months, set a (quote): "the absence of sufficient evidence proving the guilt of the defendants Karybekov E. and D. Sarygulov in cooking at the forcible seizure of power." 

This statement the court found that audiovideomaterial shown across the country from March 27 to April 5, 2016 was false and untrue. 

It follows that this audiovideomaterial was rigged from the available materials at the disposal of the National Security Committee of search operations, and the court had to consider the responsibility of individuals, it is made pursuant to Article 6 of the Law "On operative-investigative activities", which states that (quote) "The bodies (officials), engaged in the operational-search activities, ... shall be prohibited to falsify operational search materials, as well as use deliberately misleading or false information. 

If you violate the body (official), engaged in the operational-search activity, the rights and legitimate interests of individuals ... the prosecutor or judge are obliged to take steps to restore those rights and legitimate interests, compensation for the damage in accordance with the legislation of the Kyrgyz Republic ". 

Instead, referring to judge two witnesses extracted result in violation of the article 6 to claim 3, article 10 of claim 2, st.169 claim 4, Article 191, CPC st.195 KR and based on article 81 st.82 the Criminal Procedure Code and are considered void and invalid, admitted Karybekov E. and D. Sarygulov guilty under Article 339 of the Criminal Code to claim 2 as an harboring a particularly serious crime, assigning each to 4 years of imprisonment. 

Part 2 of Article 339 of the Criminal Code provides for liability for advance unpledged concealment of criminal assets and instrumentalities of crime and the traces of the crime. At the same criminal liability arises only at the physical concealment of crimes. 

As in the case file there is neither the first nor the second, nor the third physical feature of concealment, and even more court found Karybekov E. and D. Sarygulov innocent in cooking at the forcible seizure of power, ie, Court adopted against them unjust decision, on what they have filed a complaint to the Appeal Court of the city of Bishkek. 

Recognition by the court and acquitted Karybekov Sarygulov in cooking at the forcible seizure of power and the lack of means of collusion between them and B. Asanov and Kadyrov K. 

The court found no active members of a violent seizure of power, recognizing B. Asanov and Kadyrov K. guilty of violent seizure of power and depriving them of liberty for 12 years each. 

The Court has found a lack of money, weapons, plans, schemes and other means and instruments, without which it is impossible to carry out the seizure of power. 

In Turkey in the summer of 2016 to 40 thousand. Man arrested for attempting to seize power by force, including more than 100 generals, 8,000 troops, 9,000 police, 300 officers of the National Guard, 270 judges dismissed from their jobs 120 thousand people. 

In Kyrgyzstan, on the basis of the verdict of the court without money, weapons, and plans for active participants only two people: Asanov B. and K. Kadyrov turns out to be prepared to seize power ?! 

This absurdity can believe Akyikatchy, deputies of the Jogorku Kenesh, the newspaper "Delo No." and "Fabula" and CTE, but no sane and honest man, not only in Kyrgyzstan but also in the whole world in this "bullshit" never believe !!! 

Can we then talk about the independence of the judiciary, rule of law and justice, prosecutors and law enforcement agencies ?! 

But we can say that the designation of one person carried out completely and without question! 

This is today's face of Kyrgyz democracy !!! 

Out of fear of losing their jobs and of being punished, the judge did not apply to Sarygulov even a requirement to claim 8, Article 49 of the Criminal Code on the application of men aged more than 55 years of a sentence of not more than three-fourths of the maximum term of imprisonment (ie 3 years instead of 4 assigned), did not apply Article 1 p.2,6, st.st.4,6, 13 of the Law of 1 August 2016 "on amnesty in connection with the 25th anniversary of independence of the Kyrgyz Republic and the 100th anniversary of national liberation uprising in 1916 ", according to which Sarygulov D. subject to full exemption from punishment under the amnesty did not apply that same st.315 paragraph 3 (1) Code of Criminal Procedure, according to which the judge was obliged to set off the time spent Sarygulov D., as it turns out, an innocent man, for 165 days in jail SCNS. 

These are the achievements of democracy and the results of "judicial reform" in the country !!! 

All the convicts appealed to the appeal to the City Court of Bishkek. 

Whatever it is his decision, the Committee to Protect Political Prisoners will certainly appeal to the UN Human Rights Committee. 

Such lawlessness and judicial outrage was not even under Akayev and Bakiyev !!! 

Committee of the Defense of Political Prisoners. 

May 4, 2017. 


Разместил: kchr [16/05/2017]

 
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