The District Court of Suzak satisfied the claim of the acquitted woman for compensation for material damage in the amount of $975 (80,000 KGS) imposed as a result of the guilty verdict.
On November 29, 2019, Takhmina was sentenced to seven and a half years for the murder of her own daughter, who was 2.5 years old. In addition to imprisonment, the court imposed a fine on her in the amount of 800 estimate indicators, that is, $ 975 (80,000 KGS), which the woman paid.
Later, the court reviewed the case and convicted the girl’s stepfather, considering that he had deceived the woman into confessing to the murder. The man was sentenced to 4.5 years in prison, found guilty of causing death by negligence.
The court of second instance, on the basis of the appeal, sentenced the stepfather to 10 years in prison under the article “Causing grievous bodily harm, negligently resulting in the death of a person”. With the application of the amnesty, the term was reduced by a third. The Supreme Court, on the basis of a cassation appeal, sentenced the stepfather to 15 years in prison under the article “Murder” to be served in a penal colony with a strict regime. This time, no amnesty was applied to him.
“Takhmina filed a claim with the District Court of Suzak for the return of the amount of the fine imposed as a result of the guilty verdict in connection with the termination of the criminal case against her and the absence of corpus delicti in her act. But the District Court rejected her application. The Judicial Collegium for Criminal Cases and Misdemeanors of the Regional Court of Jalal-Abad left the decision of the District Court of Suzak unchanged,” they say in the human rights organization “Spravedlivost” [“Justice”].
Lawyers of the HRO “Spravedlivost” [“Justice”] in Jalal-Abad wrote an application to the Ministry of Finance of the Kyrgyz Republic for the return of the fine paid in connection with Takhmina’s acquittal.
The Ministry of Finance replied that in order to return the specified amount, they need a court decision. After that, human rights activists prepared a statement of claim for compensation for material damage to the court.
“On September 2, 2022, the District Court of Suzak satisfied the claim for compensation for material damage imposed as a result of a guilty verdict in connection with the termination of the criminal case and the absence of corpus delicti in Takhmina’s act,” human rights activists report.
