In the village of Nariman, in southern Kyrgyzstan, in the house of the former political prisoner Dilmurat Khaydarov the police conducted a search.
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| Dilmurat Khaydarov 2011 |
Dilmurat Abdurasulovich Khaydarov was born on 8 June 1973; he is an ethnic Uzbek,
a native of the village of Nariman, of the Kara-Suv district of Osh region of
the former Kyrgyz SSR. He is married and has four children. He is a lawyer,
does not have previous convictions.
From 27 June 2010 to 4 April 2014 he
was in custody on charges of "organising mass riots". He was released
under an act of amnesty. He is under international protection in accordance
with the UN Convention on Refugees.
* * *
On 29 January 2015, at 7 o'clock PM, in the
village of Nariman, where a former Kyrgyz political prisoner Dilmurat Khaydarov
is registered, the search began, it lasted for five hours.
About 90 masked and armed Special Forces
operatives ensured security of working operatives. During the whole operation, all
the surrounding streets were blocked. The traffic was paralysed for a few
hours. Residents of the Mumin Polvan Street could not access their homes, no
explanation was given. Even the members of the local-governing body ensuring order
did not get any clarification about the situation.
In the summer of 2014, Dilmurat Khaydarov and
his family left Kyrgyzstan, and his sister looks after his house. She was taken
from her place of work by an agent of the State Service for National Security (ГСНБ)
who presented a warrant to search the house owned by Khaydarov. They said that they
have "information about his participation in jihad in Syria" and have
to search for weapons in his house.
Closer to 23:00 hours, Special Forces operatives
began to disperse, they apologised to Dilmurat Khaydarov’s sister for the
inconvenience. The whole house was ransacked, they even used mine detectors. There
were no weapons found.
- According to materials of the criminal case № 141-10-240 against the citizens of Kyrgyzstan Dilmurat Khaydarov, born in 1973; Khayrullo Saipov born in 1976.; Daniyar Kadyrov, born in 1970; Gani Sadikzhanov, born in 1974; Shukrullo Kochkarov, born in 1979; Bakhodir Sobirov, born in 1976.
Dilmurat Khaydarov was arrested on 27 June 2010
during the "a clean up operation" conducted by the military in the
village of Nariman. The authorities instigated two criminal cases against him
on charges of the murder of Azhimamat Seyitov, a tax inspector at the village of
Nariman and killing of two soldiers. He was charged under Articles 233, Parts
1, 2, 3, (organisation of, participation in the riots, calling for / inciting
to disobey the authorities); 30-97, Part 2, paragraphs 4, 5, 9, 15, (complicity
in the murder); 30-174, Part 2, paragraph 2 (complicity in the destruction of
property); 28-340 (attempted murder of a law enforcement officer and a soldier)
of the Criminal Code of the Kyrgyz Republic.
During the investigation of the criminal case
the fact of murder of Seyitov was not established, as his body was never found.
But Khaydarov was charged under Article 30-97 of the Criminal Code (complicity in
murder). This charge carries a prison sentence of up to life imprisonment.
The trial lasted for four years.
On 4 April 2014 Dilmurat Khaydarov was released
under an amnesty, as evidenced by the certificate of release. On the basis of
the appeal by the victims and the prosecutor, the case was reopened, and
Dilmurat Khaydarov was declared wanted.
- Chronology of events
– 7 October 2010: the Karasuy District Court
(the Judge P.A. Baysunov) handed down its Decision on the criminal case of Saipov’s
murder redirecting the case for additional investigation;
– 2 November 2010: the Osh Regional Court
upheld the Decision of the Karasuy District Court;
– having considered the complaint by the
victims to the Supervisory Court regarding annulment of the decisions by the
Karasuy and Osh Courts, the Supreme Court upheld the decisions of the Court of
First and the Second Instances;
– 11 February 2011: the Karasuy District Court
(the Judge M. Dzhalalova) handed down its Decision redirecting the case for additional
investigation;
– 28 September 2011: at the Karasuy District
Court, the Judge M. Dzhalalova refused to consider the criminal case, because, during
the hearing, the victims attacked the defendant D. Khaydarov;
– 4 November 2011: during the hearing at
the Karasuy District Court, the defendants challenged the Judge Z. Apyshev;
– 20 January 2011: the Karasuy Distric
Court (the Judge N. Matraimov) handed down its Decision on the criminal case regarding
murder of two soldiers and sentenced D. Khaydarov to 8 years of imprisonment;
– 2 March 2011: the Osh Regional Court
overruled the Decision of the Karasuy District Court dated 20 January 2011;
– 26 May 2011: the Supreme Court upheld
the Decision of the Osh Regional Court and returned the case for
reconsideration;
– 22 July 2011: the Karasuy District
Court (the Judge M. Dzhalalova) decided to send the case for additional investigation;
In November
2011 the two criminal cases against D. Khaydarov were joined;
– 22 February 2012 the Karasuy District
Court (the Judge S. Zakirov) issued its Decision to resend the case for
additional investigation.
Following
this Decision, the victims sent their apposing application asking the Osh
Regional Criminal Court to continue the trial.
– 12 April 2012: at the hearing of the Osh
Regional Court (chaird by the Junge М.М. Toktamishev, and panel of the
Judges И.М. Ashirbaeva, К.М.Turgumbayev) the Decision handed down by the
Judge S. Zakirov was quashed, the case was returned to the Karasuy District
Court. The case was heard by a different judge.
– In the following 10 days, the lawyer
representing the defendants appealed this decision to the Supreme Court of
Kyrgyzstan insisting that the Decision by the Judge S. Zakirov of the Karasuy
District Court has to be upheld.
– 2 August 2012: the Supreme Court of
Kyrgyzstan upheld the Sentence of the Osh Regional Criminal Court dated 12 April
2012.
– 25 January 2013: the Osh City Court
headed by the Judge B.A. Osmanov started hearing of the criminal case №
141-10-240 After few court hearings, the victims challenged the Judge and the
case was transferred to the Judge R.B. Kozhomkulov who considered the case for
about a year.
– 22 January 2014: the Judge Ramazan
Burkanovich Kozhankulov of the Osh City Criminal Court sentenced D. Khaydarov to
7 years of imprisonment on the basis of Article 233, Part 2 (participation in
mass riots).
– 26 March 2014: the Decision of the Osh
Regional Criminal Court (chaired by the Judge A.E. Kurbanov and panel of Judges
A.Dz. Abdillaev and M.M. Toktamushev) was handed down. It sentenced Dilmurat Khaydarov,
in accordance with Article 233, Part 1 (organising the mass riots), to 10 years
of imprisonment. Previously, he was accused of part 2 of the same Article
(participation in the mass riots) (punishable with imprisonment of up to 8
years). Other defendants in the case were
sentenced as follows: Part 2 of Article 233: Sh. S. Kuchkarov, B.Zh. Sobirov, D.N.
Kadyrov– to 6 year of imprisonment, Kh. A. Saipov and G.E. Sobirzhanov – to 8 years
of imprisonment. The charges of under Articles 97 (murder), 340 (encroachment
on the life of an officer of a law-enforcement agency), 172 и 174 against
the defendants were dropped. The Court was not offered any evidence of the
accusations. The only «evidence» of the guilt of the defendants was their
leadership skills. According to acts of amnesty issued in 2011 and 2014 the
defendants were released.
– 4 April 2014: at the Pre-Trial Detention
Centre (СИЗО) they were issued certificates of their release confirming that they
served the term under the Sentence dated 26 March 2014.
– Not long after that, the victims
appealed to the Cassation Court against the Sentence of the Osh Regional
Criminal Court.
– 24 June 2014: the Supreme Court of
Kyrgyzstan heared the case and returned the case to the Karasuy District
Criminal Court. However, the case was heard by the Osh City Court because the
victims challenged the Judges of the Karasuy District Court.
– 25 July 2014: the Osh City Criminal Court
reconsidered the Sentence handed down on 26 March 2014 and decided to reopen
the trial of the criminal case.
Our
previous publications on this case:
– Press Release «Kyrgyzstan: the prisonerKhayrulla Saipov needs urgent hospitalisation» dated 11 February 2013;
– Press Release «Kyrgyzstan: the case ofDilmurat Khaydarov will be reconsidered» dated 28 January 2013;
– Press Release «Dilmurat Khaydarov: «In thosedays of the conflict, I even thought that they will declare gratitude, but itturned out to be the opposite», dated 14 June 2012;
– Press Release «Dilmurat Khaydarov: «I loveKyrgyzstan, believe in its civilised future, but no one listens to me!», dated
28 February 2012.