The investigator of the Service for Combating Illicit Drug Trafficking of the Ministry of Internal Affairs of the Kyrgyz Republic, Ibragim Mukhamedov, despite the diagnosis confirmed by the medical report of the accused M. Zhiyanov, refuses to change the measure of restraint on far-fetched grounds. Zhiyanov’s lawyers told ACCA about this.
To justify his refusal, investigator Mukhamedov points out that the lawyers provided a copy of the opinion of the doctors’ council on five sheets.
“Taking into account that the lawyers provided a copy of the conclusion of the doctors’ council, which the investigating authority cannot refer to, since the copy of the conclusion is not properly certified. Namely, it does not have the seal of a medical institution, and it is impossible to identify the signatures of some doctors on a copy of the provided document, ”the investigator’s response says.
In addition, according to him, he is not empowered to determine the authenticity of the signature. The investigating authority allegedly does not know the powers of the persons who signed this paper, as well as their knowledge, qualifications, and also these persons were not notified of criminal liability for giving a false conclusion.
“The investigation does not know the circumstances of the completion of this paper, since it is not a procedural document provided for by criminal law. As well as the circumstances of the completion of this paper are not known, since a procedural document has not been drawn up confirming the legality of the collection of this paper by a lawyer in a procedural manner, ”explains Mukhamedov.
Defenders of the accused Zhiyanov believe that the grounds for the investigator’s refusal are far-fetched and do not comply with the Criminal Procedure Code of Kyrgyzstan. The Code of Criminal Procedure of the Kyrgyz Republic clearly states that the preventive measure can be changed to a less severe one if there is a medical opinion. In this case, there was a medical report from the National Center for Cardiology and Therapy named after academician Mirsaid Mirrakhimov.
Thus, according to Part 2 of Article 116 of the Code of Criminal Procedure of the Kyrgyz Republic, the abolition or change of a measure of restraint: a measure of restraint in the form of detention may be changed to a less severe one if the accused has a serious illness that prevents his detention, and certified by a medical report.
On August 1 of this year, lawyers Samat Matsakov and Kubanychbek Tumanov petitioned the investigator to change the preventive measure from detention to non-custodial.
In support of their petition, the defenders indicated that: “based on the results of a medical examination, by the decision of the council of the National Center for Cardiology and Therapy named after academician Mirsaid Mirrakhimov, a medical conclusion of the council was issued with a clinical diagnosis: Coronary heart disease. Angina pectoris FC II (clinically). Atherosclerosis of the aorta, coronary, carotid arteries. Hypertension stage III, III degree, very high risk. Type 2 diabetes, target glycohemoglobin level less than 7%. Diabetic angioretinopathy. Diabetic polyneuropathy of the lower extremities, sensory form. Disorder of fat metabolism of the 2nd degree (BMI-33kg / m2). Tobacco addiction II-degree, ”the lawyers explain.
According to the Decree of the Government of the Kyrgyz Republic “On Approval of the List of Serious Diseases that Prevent the Detention of Suspected, Accused” dated 2018, they include:
- type 1 and type 2 diabetes mellitus with severe organ damage;
- hypertension III degree with signs of damage to target organs: heart – left ventricular hypertrophy with heart failure, with functional classes III-IV; kidneys – end-stage chronic renal failure; brain stroke.
In this connection, lawyers Samat Matsakov and Kubanychbek Tumanov ask the Prosecutor General to pay attention to such a flagrant violation of human rights.
“We ask the public to pay attention to the fact that if our client’s health deteriorates, and this may be a stroke or even “death”, the responsibility for this should be placed on the investigator Mukhamedov Ibragim, the supervising prosecutor of the Prosecutor General’s Office and judges of the Bishkek City Court Sabitov Zh., Bektashev S., Sadyrbekov U.,” concluded the defenders.
We add that in May of this year, during a search of Zhiyanov’s car, matchboxes with cannabis were found. On this fact, a criminal case was initiated under Part 1 of Article 282 “Illegal manufacture of narcotic drugs, psychotropic substances and their analogues for the purpose of sale.” The case is currently under investigation. Zhiyanov is being held in pre-trial detention facility #1 in Bishkek.
