Last week, the Supreme Court of Kyrgyzstan made two high-profile decisions: it overturned the verdict of Shayrbek Tashiev, the brother of the current head of the State Committee for National Security, and also acquitted former Deputy Prime Minister Duishenbek Zilaliyev, who was convicted under the article “Illegal enrichment”.
SHAYRBEK TASHIEV
Shayrbek Tashiev was convicted of an unauthorized protest and blocking the road. On May 31, 2013, a group of supporters demanded the release of ex-parliamentary deputies Kamchibek Tashiev, Talant Mamytov and Sadyr Japarov. They seized the building of the Regional administration of Jalal-Abad and insisted that the authorities immediately release those arrested, who were suspected of violent seizure of power. Supporters left the building only a few days after talks with former Prime Minister Jantoro Satybaldiev. In addition, it was recorded that at the same time, a group of citizens blocked a section of the road Bishkek-Osh.
Based on these facts, the Prosecutor General’s Office opened a criminal case against the defendants under the articles of the Criminal Code of the Kyrgyz Republic “Hooliganism” and “Riots”. Then Shayrbek Tashiev, brother of the current chairman of the State Committee for National Security, argued that the criminal case was opened unfairly, and denied the arguments of the investigation that he was the organizer of the rally.
By the verdict of the City Court of Jalal-Abad dated November 6, 2013, all the defendants in this case were found guilty. Shayrbek Tashiev was given a four-year suspended sentence.
The current ruling of the Supreme Court overturns the verdicts of the City Court of Jalal-Abad (dated November 6, 2013) and the Regional Court (dated December 13, 2013) against all the defendants in this case due to significant procedural violations.
“The criminal case has been sent to the City Court of Jalal-Abad for a new trial in a different composition. The cassation appeal was partially satisfied,” the Supreme Court explains.
DUISHENBEK ZILALIYEV
On June 23, the Supreme Court acquitted former Deputy Prime Minister Duishenbek Zilaliyev in the case of illegal enrichment.
Duishenbek Zilaliyev was detained and placed in the pre-trial detention center of the State Committee for National Security (where he is now – author) in December 2018 on suspicion of “illegal enrichment”. Then they found an undeclared $ 1 million, apartments, office space and jewelry. According to official data, the income of Zilaliyev and his wife from 2011 to 2017 amounted to only $ 35,294 (3 million KGS).
Zilaliyev himself asserted that he and his family were under pressure to testify against former President Almazbek Atambayev.
As a result, the Pervomaiskiy court found him guilty in October 2020 and, by partial addition of the sentence, he received nine years in a penal colony with a deprivation of the right to hold positions in the civil service for up to three years. Then, the City Court of Bishkek upheld repeatedly the decision of the previous instance.
In October 2018, he was given a three-year suspended sentence in another case – under Article 228 “Knowingly false reporting of an act of terrorism” of the Criminal Code of the Kyrgyz Republic – for falsely reporting a bomb on the day of the inauguration of President Sooronbai Jeenbekov on November 24, 2017.
Now the Supreme Court has overturned the court sentences under the article “Illegal enrichment”.
The criminal case was sent for a new consideration to the Pervomaiskiy District Court in a different composition of the court due to the procedural violations that entailed the cancellation of the sentences.
It’s worth noting that after the events of October and the change of government, Zilaliyev’s lawyer Taalaigul Toktakunova made a statement that the charge of illegal enrichment was untenable, because $ 300,000, which was found in the cell, belonged to Zilaliyev’s friend, and the remaining $ 700,000 belonged to the headquarters of presidential candidate Sooronbai Jeenbekov, which laid there in case of some unforeseen expenses in 2017.
Zilaliyev’s acquittal in the case of illegal enrichment may serve as evidence that the former official made a deal with the investigation and is going to testify against ex-President Sooronbai Jeenbekov. Information has already appeared in the republic’s media that the former head of state may become a defendant in a criminal case on the illegal enrichment of his protégé, ex-deputy head of the presidential administration Almambet Saliev.
In addition, the authorities of Kyrgyzstan may consider Duishenbek Zilaliyev as a potential witness in the arbitration concerning Kumtor against Centerra Gold Inc. As Deputy Prime Minister, he defended the interests of the Canadian company, promoting the adoption of amendments to the Water Code, legalizing the destruction of Davidov and Lysyi glaciers at the deposit of Kumtor.
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