Based on the
materials of the criminal case № 141-10-240.
The trial of those
accused of "organising mass disorder" in June 2010 is still going on
after five years.
On 28 April 2015, the Osh City Criminal
Court adjourned the hearing. This happened because the
four defendants again
did not show up in the Court and were declared wanted. Daniyar Kadirov was
placed under a house arrest.
- The defendants accused of «organising riots» in June 2010:
Dilmurat
Abdurasulovich Khaydarov, an ethnic Uzbek, born on 8 June 1973 in the village of
Nariman of the Karasu district of the Osh region of the Kirghiz SSR. He is
married and has four children. He has no previous convictions. He is a lawyer.
From 27 June 2010 to 4 April 2014 he was imprisoned on charges of
"organising mass disorder". He was released under an amnesty. He is
under an international protection in accordance with the UN Convention on
Refugees.
Daniyor Nematovich Kadirov, an ethnic Uzbek,
born on 17 November 1970 in the village of Kashgar of the Karasu district of the
Osh region of the Kirghiz SSR. He is married and has three children. He has no
previous convictions, is unemployed.
Shukurillo
Saidazizovich Kochkorov, an ethnic Uzbek, born on 28 January 1979 in the
village of Madi of the Karasu district of Osh region of the Kirghiz SSR. He is
married and has one child. He has no previous convictions. He is a carpenter.
While in detention, he fell ill with tubercular meningitis. Of the defendants,
only Daniyar Kadirov was present at the hearing, five others were missing.
Bahadir Zhorabaevich
Sabirov, an ethnic Uzbek, born
on 20 December 1976 in the village of Nariman of the Karasu district of the Osh
region of the Kirghiz SSR. He is married and has three children. He has no
previous convictions, is a welder.
Ghani Ergashovich
Sadikzhanov, an ethnic Uzbek, born on 22 June 1974, in the village of Nariman of the
Karasu district of the Osh region of the Kirghiz SSR. He is married and has
five children. He has no previous convictions, is a tractor driver.
Khairullo Akhmatovich
Saipov, an ethnic Uzbek, born
on 26 June 1976 in the village of Nariman of the Karasu district of the Osh
region of the Kirghiz SSR. He is married and has two children. He has no
previous convictions, is a welder. He suffers from liver cirrhosis.
*
* *
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.
– 26 March
2015: the Osh City Criminal Court held had a hearing, which the prosecutor and
the victims failed to attend. Of the defendants, only Daniyar Kadirov was
present, five others were not.
– 7 April 2015: the Osh City Criminal
Court held the next hearing, which the prosecutor and the victims failed to attend.
Of the defendants, only Daniyar Kadirov was present, five others were not.
– 19 and 23 April 2015: the
hearing at the Osh City Criminal Court were adjourned, as the prosecutor,
victims of Daniyar Kadirov and other defendants did not attend.
– 28 April 2015: the Osh City
Criminal Court suspended the trial because of the absence of five out of the
six defendants. Dilmurat Khaydarov, Bahadir Sabirov, Gani Sadikzhanov,
Khairullo Saipov and Shukurillo Kuchkarov did not show up. The sixth defendant
Daniyar Kadirov came to the hearing. During the hearing, the Court decided to
place him under a house arrest. The victims did not attend the hearing either.
Our previous
publications on this case:
– Press
Release «Kyrgyz citizen DilmuratKhaydarov did not go to Syria» dated 8 February 2015;
– Press
Release «Kyrgyzstan: the prisoner Khayrulla Saipov needs urgent hospitalisation» dated 11 February 2013;
– Press
Release «Kyrgyzstan: the case of Dilmurat Khaydarov will be reconsidered» dated
28 January 2013;
– Press
Release «Dilmurat Khaydarov: «In those days of the conflict, I even thought
that they will express gratitude, but it turned out to be the opposite», dated
14 June 2012;
– Press
Release «Dilmurat Khaydarov: «I love Kyrgyzstan, believe in its civilised
future, but no one listens to me!», dated 28 February 2012.
