Kyrgyzstan: life imprisonment for killing prosecutor

Accused of the murder of Batken oblast prosecutor Anarbai Mamazhakypov, Melis Kalykov, sentenced to life imprisonment. This decision was made by the city court of Osh. This was reported to ACCA by Damira Kalykova, the sister of the convict.

The resonant trial in the case of the murder of the prosecutor of Batken region of Kyrgyzstan began in May of this year and ended with the conviction of the most severe punishment used in the Kyrgyz Republic; Melis Kalykov was sentenced to life imprisonment.

According to Damira Kalykova, the family does not agree with such court decision and will soon impeach the verdict in higher instances.

“They just wanted to make my brother a scapegoat. The investigation had no direct evidence of his guilt. A lot of violations were revealed both during the investigation and during the trial process,” she said.

Two weeks before the last hearing, Melis Kalykov’s lawyer Sartbai Zhaichybekov told ACCA that his client’s chances of making excuses were slim.

“One can hardly count on a fair sentence, because the judge, who is involved in criminal cases, is interested in imprisoning him. I believe that the Prosecutor’s office exerts pressure on him,” the lawyer expressed his opinion.

He thinks that Mamazhakypov could be killed by prosecutor’s officers so that their violations in work would be unpunished.

It is a matter of prosecutors who were also on the hunt, after which the corpse of the prosecutor was found in one of the gorges near the city of Batken.

In November of last year, the relatives of the deceased organized a protest rally in Batken demanding the detention of these prosecutorial employees, Mamazhakypov’s subordinates. The younger brother of the murdered Oskonbai Mamazhakypov then told the media that his family suspects everyone who was on the hunt. However, the General Prosecutor’s office just did an official investigation and discharged the heads of the Regional Prosecutor’s office of Batken. Prosecutors, who were on the hunt, were witnesses in the murder case.

Note that among them there are relatives of people very influential in the Republic. Aslan Baybosunov, the deputy of the killed, who was present at that hunt, is, according to the sister of the convict Damira Kalykova, a relative of Prime Minister Mukhamedkaly Abylgaziev. Another deputy prosecutor who was also on the hunt, Emilbek Azhibekov, according to the rumours, is the son of the sister of the incumbent President Sooronbai Jeenbekov.

During the trial process, Melis Kalykov pleaded not guilty. On the contrary, he constantly declared his innocence and claimed that law enforcement officials tried to extract confession from him by torture.

The fact of torture was recognized by the head of the National Center for the prevention of torture, Nurdin Sulaimanov, but the Ministry of Internal Affairs has denied this statement. The Ministry said that the abrasions and bruises on the suspect’s body are the result of a fight with Mamazhakypov.

There was no other reaction from the relevant organs. Moreover, Kalykov’s lawyers claimed that the courts simply refused to consider the torture statement.

Relatives of the convict also argue that the court, which passed the conviction, ignored many inconsistencies that were in this case.

For example, all participants of that tragedy asserted that they had returned to Batken at seven p.m. However, data from cell towers show that the mobile phones of everyone who was with the deceased that day were in the same area until 10-11 p.m. And they were not in the regional center.

Also, the contradictions with the discrepancy in the results of medical and ballistic examinations have not been eliminated. One examination claimed that everyone was completely sober, except Melis Kalykov, another said that everyone was drunk. The ballistic examination revealed that Mamazhakypov was not killed with a 20-caliber rifle, which belonged to the accused.

At the same time, during the trial, it also became clear that one of the deputies of the killed prosecutor had 4 firearms with him on the day of the hunt, however, he gave only 3 of them to the ballistic examination.

The absence of direct evidence against Melis Kalykov at one of the court hearings in August of this year was also announced by the investigator of the investigative service Omurbek Miyzamov, who was investigating the murder. The court also stated that the ballistic examination could not establish the brand of weapons from which the prosecutor was shot.

Melis Kalykov went on an indefinite hunger strike in protest against police and judicial arbitrariness. However, he was had to terminate it due to a sharp deterioration in state of his health. In addition, he chose an extremely unfortunate time for this: on August 7-8, an operation was held in Kyrgyzstan to detain ex-president Almazbek Atambaev. These days, the media wrote only about this, and no one paid attention to Kalykov’s action.

One recent violation in the murder of Batken’s prosecutor is the unlawful appointment of a public defender for the accused, which occurred just before the sentencing.

According to defenders of Kalykov, the dates of the court hearings were not agreed with the lawyers. Moreover, the court clerk did not even inform them of the hearings.

According to the law, if the defendant does not have a lawyer, then after five days he is appointed a public defender. In the case of Kalykov, they did not begin to wait for the required time, the lawyer was appointed on the same day, preventing him from familiarizing with the case materials. The lawyer of Melis Kalykov considered that this was done intentionally in order to deprive his client of qualified protection.

Recall, on November 18, 2018, the half-burned body of Batken oblast prosecutor Anarbai Mamazhakypov was found at night on the side of the road near the reservoir of Tort-Kul. Traces of beatings, stab-cut and gunshot wounds were found on his body.

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