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Ex-Governor’s Case. Sentence has been passed (UPDATED)

November 14 2014, 14:30

By Zulfiya Bainekeeva

Today, November 14, the pronouncement of sentence is ongoing  in the specialized interdistrict court on criminal cases of Atyrau Oblast in the case of ex-governor Bergei Ryskaliev’s organized criminal group.

The court found them guilty of creation of an organized criminal group, embezzlement of budget funds in the amount of 42 million tenge, abuse of powers, fraud, settlement of deals without actual performance of work, forgery, etc. and sentenced the members to various terms of imprisonment.

According to the sentence read by the judge Gulmira Dauletova, who chairs the process, 15 people have been condemned for imprisonment, 8 of them were detained directly in the courtroom.

The former first deputy governor Bolat Daukenov - 15 years in a corrective colony of a high security with confiscation of property, with deprivation of the right to hold public position during 7 years.

The former deputy governor Askar Abdirov12 years of a high security with confiscation of property, with deprivation of the right to hold public position during 7 years.

Former deputy chief of GU "Management of Construction of Atyrausky Area" Ibrahim AMIROV – 4 years of a general regime with confiscation of property, with deprivation of the right to be engaged in civil service during 3 years; he was detained in the courtroom.

Former lead engineer of Passenger Leasing Company KURMANTAEV - 7 years of a general regime with confiscation of property, with deprivation of the right to be engaged in business activity within during 4 years; he was detained in the courtroom.

Former head of finance department - Baurzhan Dzhantemirov4 years of a high security with confiscation of property, with deprivation of the right to hold public position during 5 years.

Former chief of regional management of construction Nurlan KENZHEBEKOV – 8 years of a general regime with confiscation of property and deprivation of the right to hold a position on civil service within 3 years.

Formeк rchief of regional energy division Baurzhan DZHAISANOV – 7 years of a general regime with confiscation of property, with deprivation of the right to be engaged in civil service during 4 years.

Former director of Asizmarkets LLP Kairzhan Kadyrov - 2.5 years of improsonemnt in the standard regiem penal colony.

By the way, pre-trial restrictions and “house arrest” according to Criminal Code are qualified as imprisonment, but 2 days of house arrest are considered as 1 day in colony. Many of the defendants under the house arrest have been arrested in autumn-winter of 2012, i.e. in average they have already served 1 year of imprisonment.

The sentences with regards to three young women who worked in Snaboilstroi, have been delayed. They all have underaged children, two of them have breast-feeding infants. Taking all this into consideration, the court applied the delay of their sentencing (as per article 72 of RoK Criminal Code) until their children reach the age of 14.  

Former director of Snaboylstroy LLP Aygul BEYSEBEKOVA – 5 years of a general regime; the execution of the sentence has been delayed under article 72 of Criminal Code of Kazakhstan (until her underage child is 14 years).

Former deputy director on finance of Snaboylstroy LLP Aynur BATYRBAYEVA – 4 years of a general regime, with confiscation of property, with deprivation of the right to be engaged in business activity during 4 years, the execution of the sentence has been delayed under article 72 of Criminal Code of Kazakhstan unitl her underage child (boen in 2008)e is 14.

Former chief accountant of Snaboylstroy LLP Kenzhegul SISENOVA – 4 years of a general regime with confiscation of property, with deprivation of the right to be engaged in business activity within 4 years, a sentence is delayed before achievement of full age age by her child.

When the sentence of the former city mayor Askar Kerimov have been announced - 3 years with confiscation of property, with deprivation of the right to hold public position during 3 years - some people in the court room applauded and cheerfully shouted. This was not just the reaction of the relatives (taking into account the time spent by Kerimov in pre-trial detention centre, he has only less than a year time left to serve in prison); partially the emotions in the court room have been evoked by the fact that he became the first defendant who was justified on "heavy" 235th article of RoK Criminal Code - organization and management of crime group). Altogether, the court justified 12 person on this article. To recall, 21 out of 22 defendants were charged on this artcile.

Among the defendants who have already served their sentences in the pre-trial detention centre (SIZO) are: 

Former director of Batystransport SIM LLP - Rakhmetolla Alshenov – years of a high security with confiscation of property, with deprivation of the right to be engaged in business activity during 5 years.

Former deputy director of "Gosekspertiza" Ulan Kuralbaev – 7 years of a general regime with confiscation of property, with deprivation of the right to hold the public position during 4 years.

Former director of "Gosekspertiza" Turlanbek Dzhiyenbayev – 8 years of a high security with confiscation of property, with deprivation of the right to be engaged in civil service during 5 years.

Former director of Stroyltd LLP Eduard DURMANOV – 5 years of a general regime with confiscation of property.

Former director of Arkaim 2005 LLP Alexander KUZEMA – 7 years of a general regime with confiscation of property, with deprivation of the right to be engaged in business activity during 4 years.

Unemployed KORITSKIY – 11 years of a general regime with confiscation of property, with deprivation of the right to be engaged in business activity during 4 years.

Nobody expected that the above unknown man from Aktobe will receive such a heavy punishment. According to laywers who are familiar with the criminal case, Koritskiy was the driver of businessman Oleg Pavlichenko (the director of StroiContractGroup LLP), who is on international wanted list. 

Koritsky was charged under Art. 192-1 of the RoK Criminal Code "Commission of the deal by private business entity without intention to perform business activity", Art. 235, part 2 -"Participation in organized criminal group"), 1Art. 76, part 4 ("Appropriation and embezzlement of the entrusted alien’s property"). According to investigators, Koritskiy, following the instructions of Pavlichenko, assisted in creation of fictitious companies through which they cashed stolen budgetary funds.  

Two defendants left the court room as free people: 

Former director of Anitakonsalting LLP Lyudmila SHARYPKINA – criminal case against her has been termnated due to expiry of the period of limitation.

Former chief accountant of Aktobekhauskonstrakshn LLP and BNB Construction LLP Gulnar AZBERGENOVA was fully justified due to absence of proof and given the right to claim compensation for the damage caused. She was the only defendant who was put into pre-trial detention centre (SIZO) right after lodging of charges. She was detained during interrogation where she came on her own initiative as soon as she learnt in mass media that she is included into the wanted list. She spent in SIZO 13 months.

Two defendants were conditionally sentenced and released in the court room:

Former director of Atyraukurmankurylys LLP - Kurmangazy Alimov – 5 years of conditional sentence, was released in the courtroom.

Former sales manager Askhat ESETOV - 3 years of conditional imprisonment.

The court ruled to collect from the defendants in profit of state the following amounts (including state duty):

From Sisenova and Batyrbaeva – about 3 billion tenge, from Beisebekova – 7.8 billion tenge, from Durmanov- 4.2 billion tenge, from Amirov- 4.2 billion tenge, from Kurmantaev- 17 billion tenge, Kenzhebekov- 9.6 billion tenge,  from Dzhaisanov- 14.8 billion tenge, from Dzhienbaev-21 billion tenge, from Kuralbaev- 20.4 billion tenge, Daukenov- 204 million tenge.

The sentence file made over 1 500 pages (10 volumes), the protocol of court session - more than 200 volumes.

After the pronouncement of sentence and amounts to be collected from the defendants, the judge read the list of properties that should be removed of attachments. Some people thought by mistake that it was the list of property that should be confiscated. In actual fact, there was no information about the property to be withdrawn from the defendants into the profit of the state. 

 The sentence has not entered into force.

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