A former border guard who molested a ten-year-old girl was released under an amnesty. The lawyer, Samat Mattsakov, of the victim told ACCA about this.
In August 2019, a border guard, while intoxicated in the street, molested a ten-year-old girl. From the testimony, it is known that the man came up from behind to the bench where two underage girls of ten and five years old were sitting. He hugged the older girl from behind and kissed her on the lips. The children got scared and ran away. On the way, they were met by officers of the patrol police, to whom they told about the incident.
“The border guard was detained. The trial began. The case was considered by the Tokmok City Court. He was charged with a crime based on Article 162 Part 4 “Violent acts of a sexual nature committed against a knowingly minor.” This crime is punishable by imprisonment of the VI category or life imprisonment. The prosecutor claimed for fourteen years in prison, ”says Mattsakov.
However, the court reclassified the case to Article 266 “Hooliganism” of the Criminal Code of the Kyrgyz Republic and sentenced the accused to a fine of $ 3.7 thousand (300 thousand soms). The prosecution did not agree with this decision and appealed to the court of second instance – the Chui Regional Court.
“I did not take part in the first instance court and began to conduct this case since June this year. I represent the interests of the victim (ten-year-old girl). The prosecutor again asked to impose a sentence of imprisonment for 14 years under Article 162 Part 4 “Violent acts of a sexual nature, committed against a minor.” The court found the former border guard guilty, but reclassified his actions under article 163, part 1, “Compulsion to acts of a sexual nature,” applying an amnesty to the accused, “the lawyer is indignant.
According to him, this is unacceptable. It was adopted in contradiction to the basic law On the Basics of Amnesty and the Procedure for its Application, which clearly states who can be released.
“Clause 6 of Part 1 of Article 7 of this law specifies the types of crimes, in case of commission of which, amnesty is not applied. One of the points is sexual assault committed against a knowingly minor. However, due to the re-qualification of the case into Article 163, Part 1, where there is no clarification that the actions were committed against a minor, an amnesty was applied, ”says Samat Mattsakov.
The lawyer said that they are currently awaiting a court decision to appeal it. The defense side intends to seek a reconsideration of the case.
“Now he remains at large, and it has a bad effect on the girl. Her father repeatedly stated this in court. And the victim shows that she experiences stress every time she sees the accused. She literally shakes with fear, ”the expert concluded.
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