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Kyrgyzstan: the defendants declared wanted

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Based on the materials of the criminal case N° 141-10-240
 
The trial of those accused of "organising mass disorder" in June 2010 is still going on after five years.
 
On 28 April 2015, the Osh City Criminal Court adjourned the hearing. This happened because the four defendants again did not show up in the Court and were declared wanted. Daniyar Kadirov was placed under a house arrest.
  • The defendants accused of «organising riots» in June 2010:
Dilmurat Abdurasulovich Khaydarov, an ethnic Uzbek, born on 8 June 1973 in the village of Nariman of the Karasu district of the Osh region of the Kirghiz SSR. He is married and has four children. He has no previous convictions. He is a lawyer. From 27 June 2010 to 4 April 2014 he was imprisoned on charges of "organising mass disorder". He was released under an amnesty. He is under an international protection in accordance with the UN Convention on Refugees.
 
Daniyor Nematovich Kadirov, an ethnic Uzbek, born on 17 November 1970 in the village of Kashgar of the Karasu district of the Osh region of the Kirghiz SSR. He is married and has three children. He has no previous convictions, is unemployed.
 
Shukurillo Saidazizovich Kochkorov, an ethnic Uzbek, born on 28 January 1979 in the village of Madi of the Karasu district of Osh region of the Kirghiz SSR. He is married and has one child. He has no previous convictions. He is a carpenter. While in detention, he fell ill with tubercular meningitis. Of the defendants, only Daniyar Kadirov was present at the hearing, five others were missing.
Bahadir Zhorabaevich Sabirov, an ethnic Uzbek, born on 20 December 1976 in the village of Nariman of the Karasu district of the Osh region of the Kirghiz SSR. He is married and has three children. He has no previous convictions, is a welder.
 
Ghani Ergashovich Sadikzhanov, an ethnic Uzbek, born on 22 June 1974, in the village of Nariman of the Karasu district of the Osh region of the Kirghiz SSR. He is married and has five children. He has no previous convictions, is a tractor driver.
 
Khairullo Akhmatovich Saipov, an ethnic Uzbek, born on 26 June 1976 in the village of Nariman of the Karasu district of the Osh region of the Kirghiz SSR. He is married and has two children. He has no previous convictions, is a welder. He suffers from liver cirrhosis.
 
*   *   *
On 29 January 2015, at 7 o'clock PM, in the village of Nariman, where a former Kyrgyz political prisoner Dilmurat Khaydarov is registered, the search began, it lasted for five hours.
About 90 masked and armed Special Forces operatives ensured security of working operatives. During the whole operation, all the surrounding streets were blocked. The traffic was paralysed for a few hours. Residents of the Mumin Polvan Street could not access their homes, no explanation was given. Even the members of the local-governing body ensuring order did not get any clarification about the situation.
   
In the summer of 2014, Dilmurat Khaydarov and his family left Kyrgyzstan, and his sister looks after his house. She was taken from her place of work by an agent of the State Service for National Security who presented a warrant to search the house owned by Khaydarov. They said that they have "information about his participation in jihad in Syria" and have to search for weapons in his house.
 
Closer to 23:00 hours, Special Forces operatives began to disperse, they apologised to Dilmurat Khaydarov’s sister for the inconvenience. The whole house was ransacked, they even used mine detectors. There were no weapons found.
 
According to materials of the criminal case N° 141-10-240 against the citizens of Kyrgyzstan Dilmurat Khaydarov, born in 1973; Khayrullo Saipov born in 1976.; Daniyar Kadyrov, born in 1970; Gani Sadikzhanov, born in 1974; Shukrullo Kochkarov, born in 1979; Bakhodir Sobirov, born in 1976. 
  
Dilmurat Khaydarov was arrested on 27 June 2010 during the "a clean up operation" conducted by the military in the village of Nariman. The authorities instigated two criminal cases against him on charges of the murder of Azhimamat Seyitov, a tax inspector at the village of Nariman and killing of two soldiers. He was charged under Articles 233, Parts 1, 2, 3, (organisation of, participation in the riots, calling for / inciting to disobey the authorities); 30-97, Part 2, paragraphs 4, 5, 9, 15, (complicity in the murder); 30-174, Part 2, paragraph 2 (complicity in the destruction of property); 28-340 (attempted murder of a law enforcement officer and a soldier) of the Criminal Code of the Kyrgyz Republic.
 
During the investigation of the criminal case the fact of murder of Seyitov was not established, as his body was never found. But Khaydarov was charged under Article 30-97 of the Criminal Code (complicity in murder). This charge carries a prison sentence of up to life imprisonment.
 
The trial lasted for four years.
 
On 4 April 2014 Dilmurat Khaydarov was released under an amnesty, as evidenced by the certificate of release. On the basis of the appeal by the victims and the prosecutor, the case was reopened, and Dilmurat Khaydarov was declared wanted.
  • Chronology of events
     – 7 October 2010: the Karasuy District Court (the Judge P.A. Baysunov) handed down its Decision on the criminal case of Saipov’s murder redirecting the case for additional investigation;
 
     – 2 November 2010: the Osh Regional Court upheld the Decision of the Karasuy District Court;
 
     – having considered the complaint by the victims to the Supervisory Court regarding annulment of the decisions by the Karasuy and Osh Courts, the Supreme Court upheld the decisions of the Court of First and the Second Instances;
 
     – 11 February 2011: the Karasuy District Court (the Judge M. Dzhalalova) handed down its Decision redirecting the case for additional investigation;
 
     – 28 September 2011: at the Karasuy District Court, the Judge M. Dzhalalova refused to consider the criminal case, because, during the hearing, the victims attacked the defendant D. Khaydarov;
 
     – 4 November 2011: during the hearing at the Karasuy District Court, the defendants challenged the Judge Z. Apyshev;
 
     – 20 January 2011: the Karasuy Distric Court (the Judge N. Matraimov) handed down its Decision on the criminal case regarding murder of two soldiers and sentenced D. Khaydarov to 8 years of imprisonment;
 
     – 2 March 2011: the Osh Regional Court overruled the Decision of the Karasuy District Court dated 20 January 2011;
   
     – 26 May 2011: the Supreme Court upheld the Decision of the Osh Regional Court and returned the case for reconsideration;
 
     – 22 July 2011: the Karasuy District Court (the Judge M. Dzhalalova) decided to send the case for additional investigation;
 
In November 2011 the two criminal cases against D. Khaydarov were joined;
 
     – 22 February 2012 the Karasuy District Court (the Judge S. Zakirov) issued its Decision to resend the case for additional investigation. Following this Decision, the victims sent their apposing application asking the Osh Regional Criminal Court to continue the trial.
 
     – 12 April 2012: at the hearing of the Osh Regional Court (chaird by the Junge M.M. Toktamishev, and panel of the Judges I.M. Ashirbaeva, K.M.Turgumbayev) the Decision handed down by the Judge S. Zakirov was quashed, the case was returned to the Karasuy District Court. The case was heard by a different judge.
 
     – In the following 10 days, the lawyer representing the defendants appealed this decision to the Supreme Court of Kyrgyzstan insisting that the Decision by the Judge S. Zakirov of the Karasuy District Court has to be upheld.
 
     – 2 August 2012: the Supreme Court of Kyrgyzstan upheld the Sentence of the Osh Regional Criminal Court dated 12 April 2012.
 
      – 25 January 2013: the Osh City Court headed by the Judge B.A. Osmanov started hearing of the criminal case N° 141-10-240 After few court hearings, the victims challenged the Judge and the case was transferred to the Judge R.B. Kozhomkulov who considered the case for about a year.
 
      – 22 January 2014: the Judge Ramazan Burkanovich Kozhankulov of the Osh City Criminal Court sentenced D. Khaydarov to 7 years of imprisonment on the basis of Article 233, Part 2 (participation in mass riots).
 
    – 26 March 2014: the Decision of the Osh Regional Criminal Court (chaired by the Judge A.E. Kurbanov and panel of Judges A.Dz. Abdillaev and M.M. Toktamushev) was handed down. It sentenced Dilmurat Khaydarov, in accordance with Article 233, Part 1 (organising the mass riots), to 10 years of imprisonment. Previously, he was accused of part 2 of the same Article (participation in the mass riots) (punishable with imprisonment of up to 8 years). Other defendants  in the case were sentenced as follows: Part 2 of Article 233: Sh. S. Kuchkarov, B.Zh. Sobirov, D.N. Kadyrov– to 6 year of imprisonment, Kh. A. Saipov and G.E. Sobirzhanov – to 8 years of imprisonment. The charges of under Articles 97 (murder), 340 (encroachment on the life of an officer of a law-enforcement agency), 172 and 174 against the defendants were dropped. The Court was not offered any evidence of the accusations. The only «evidence» of the guilt of the defendants was their leadership skills. According to acts of amnesty issued in 2011 and 2014 the defendants were released.
 
     – 4 April 2014: at the Pre-Trial Detention Centre they were issued certificates of their release confirming that they served the term under the Sentence dated 26 March 2014.
 
     – Not long after that, the victims appealed to the Cassation Court against the Sentence of the Osh Regional Criminal Court.
 
     – 24 June 2014: the Supreme Court of Kyrgyzstan heared the case and returned the case to the Karasuy District Criminal Court. However, the case was heard by the Osh City Court because the victims challenged the Judges of the Karasuy District Court.
 
    – 25 July 2014: the Osh City Criminal Court reconsidered the Sentence handed down on 26 March 2014 and decided to reopen the trial of the criminal case.
 
    – 26 March 2015: the Osh City Criminal Court held had a hearing, which the prosecutor and the victims failed to attend. Of the defendants, only Daniyar Kadirov was present, five others were not.
 
    – 7 April 2015: the Osh City Criminal Court held the next hearing, which the prosecutor and the victims failed to attend. Of the defendants, only Daniyar Kadirov was present, five others were not.
 
    – 19 and 23 April 2015: the hearing at the Osh City Criminal Court were adjourned, as the prosecutor, victims of Daniyar Kadirov and other defendants did not attend.
 
    – 28 April 2015: the Osh City Criminal Court suspended the trial because of the absence of five out of the six defendants. Dilmurat Khaydarov, Bahadir Sabirov, Gani Sadikzhanov, Khairullo Saipov and Shukurillo Kuchkarov did not show up. The sixth defendant Daniyar Kadirov came to the hearing. During the hearing, the Court decided to place him under a house arrest. The victims did not attend the hearing either.
 
Our previous publications on this case:
– Press Release «Kyrgyz citizen Dilmurat Khaydarov did not go to Syria» dated 8 February 2015;
– Press Release «Kyrgyzstan: the case of Dilmurat Khaydarov will be reconsidered» dated 28 January 2013;
– Press Release «Dilmurat Khaydarov: «In those days of the conflict, I even thought that they will express gratitude, but it turned out to be the opposite», dated 14 June 2012;
– Press Release «Dilmurat Khaydarov: «I love Kyrgyzstan, believe in its civilised future, but no one listens to me!», dated 28 February 2012.