Prosecutors challenge“soft sentencing”

By Zulfiya Bainekeeva

Public prosecutors filed a protest appeal on November 14 against the sentence passed by the specialized interdistrict court on criminal cases regarding the case of Bergey Ryskaliev's organized criminal group. Prosecutors consider that the sentence is “illegal” in some parts and demand to toughen the punishment.

In the text of protest appeal pubic prosecutors claim that the court didn't take into account and didn't give a due assessment to Azbergenova's actions.

According to public prosecutors, Azbergenova's guilt of participation in crime committed by the criminal group under the leadership of former governor Ryskaliev's son-in-law - Erbulat Izbasar has been confirmed by evidences, investigated by the court.

Further public prosecutors state that the court has not recognized corpus delicti provided by Article 235, part 3 in the actions of some of the accused and gave “the wrong legal assessment to Kerimov and Esetov. Conclusions of court don't correspond to the actual facts of the case. These facts testify the close relationship of Kerimov to the heads of criminal community group - Bergey Ryskaliev, Amanzhan Ryskali (B. Ryskaliev's brother) and Rustem Albakasov (another son-in-law of ex-governor). In this regard the measure of punishment for this article should be stricter”.

Prosecutors ask the court of appeal to change the sentence passed in relation to the some of the defendants, namely:

to find Azbergenova guilty and impose the sentence of 8 years of imprisonment in a standard regime penal colony, with confiscation of property (to recall, she was completely acquitted on the charges brought due to absence of proof, the court also recognized her right to ask for compensation of damage).

to find Kerimov guilty according to article 235 and sentence him to 12 years of a high security imprisonment with confiscation of property (according to the issued sentence he was given 3 years of imprisonment in general regime prison with confiscation of property);

Kuralbaev- 10 years of a high security imprisonment with confiscation of property (according to the issued sentence he was given 7 years of a general regime imprisonment with confiscation of property);

Kenzhebekov-12 years of a high security imprisonment  with confiscation of property (previous sentence - 8 years of a general regime prison with confiscation of property);

Dzhaisanov– 12 years of a high security imprisonment with confiscation of property (previous sentence - 7 years in a general regime prison with confiscation of property);

Durmanov– 9 years of a high security imprisonment with confiscation of property (under sentence of 5 years of a general regime with confiscation of property);

Kurmantaev– 9 years of a high security with confiscation of property (previous sentence - 7 years in a general regime prison with confiscation of property);

Esetov –6 years in a general regime prison (previous sentence - 3 years conditionally).

Also the prosecution found the sentence illegal in its part concerning the collection of amounts of damage.

The condemned and their defenders also used their right for appeal against the sentence.

To-date against the sentence the following accused people have filed their protests: Kenzhebekov, Dzhaisanov, Kurmantaev, Daukenov, Kuralbaev, Durmanov, Kuzema …

Some lawyers declared that they intend to file objection to public prosecutor's protest.