April 7 trial is the Pandora box
13/04-2012 14:52, Bishkek – 24.kg news agency , by Makhinur NIYAZOVA
Trial on April events continued in Bishkek after another long break. And it has started with scandal.
We are going to celebrate a very Happy New Year
“Winter vacations” of this scandalous trial lasted 4 months. The final trial before had been on December 21, 2011. Back then, Damir Onolbekov announced that Prosecutor’s Office sent a cassation on changing former GKNB (State National Security Service) chief Murat Sutalinov’s sentence. Therefore, the trial was delayed till now.
After Murat Sutalinov’s sudden appear in a courtroom on December 14 he was immediately put under arrest for illegal frontier crossing. Kazakh authorities didn’t confirm that he was hiding on their country’s territory. The defendant himself said to 24.kg news agency that he didn’t even leave Bishkek.
Question on Sutalinov’s detainment appeared to be very complicated. Courts were trying answer it for 3 months. Prosecutor’s Office cassation went through all institution and returned to Military Court of Kyrgyzstan… Judges and prosecutors couldn’t decide what to do. The situation resolved by advocate Kubanychbek Tashbaltaev who decided not to argue Military Court’s and after almost eternal thinking Sutalinov remained in remand prison. Such decision satisfied victims too.
Neither “heroes” of the revolution nor their relative were satisfied. On the contrary they have become more aggressive. They are trying to provoke scandal since the trial reopening. It seems, they don’t like questions of defendants’ advocates and they can discuss it for a long time.
Some of them are confusing in evidences and they are getting made when the advocates ask about how did they got a “hero-making” bullet. For example, one victim said that he was taken by ambulance at 16:00 but he managed to see how military vehicle arrived at Ala Too Square (Bishkek). However, the military vehicle arrived only at 18:00 as witnesses report. Other victim said that he was turned back to Government Hall but he was wounded to a hip in front…
“He is goofing on the victims but you keep silent,” appealed to a judge the victims advocate Osunbek Zhamansariev. In his turn Damir Onolbekov noted that “advocate has the right to ask questions”. “If you don’t like it, then we may finish the trial,” said a judge.
It is not hard to image what will happen during interrogation of medico-legal experts. In this case the victims will be in difficult position: medical tests showed that most of them were drunk and some corpses were delivered not from the square but from Western Depot.
I’m experiencing unbearable disgust…
Human rights activist Cholpon Zhakupova earned a special hatred of the April 7 victims. She got used to tell truth without looking at ranks and positions. No wonder she is causing concern around so-call “revolution heroes” and the victims. Any her performance provoke aggression towards her.
“Defendant Murat Sutalinov is saying that he can’t understand charges. Nevertheless, the trial continues no matter what. In accordance with law, he must be given a term in order to read necessary materials. I understand that the case is politicized and the trial is someone’s order. However, Crime Code obliges,” stressed Cholpon Zhakupova and called Prosecutor’s Office officers to respect it. It cause very emotional reaction of the victims representative Zhyldyz Azykova. “About what order are you talking about?! Cholpon Zhakupova, be careful! You wann fight?! You will get it! We will show you what an “order” means,” she was shouting. When she calmed down she threatened that she “will complain to President, Supreme Court and Prosecutor’s Office”.
After, the victim started to assault Cholpon Zhakupova. Tension didn’t disappear after break. The victims representatives started to demand to put Zhakupova far from advocates.
Damir Onolbekov mentioned that positioning of people is not advocates’ prerogative. Their task is clients’ protection. He called sides to be more delicate and asked Cholpon Zhakupova not to use an exression “political order”.
All rise, court is starting!
Chief judge Damir Onolbekov appeared to be more harsh judge than his predecessor Zhakypbek Bektemirov. Nevertheless, it took him one and a half year in to make the trial participants behave properly. Now, for any rude word or violation a person automatically leaves a courtroom. Of course, they return but they looked calmer.
People were leaving a courtroom in groups of 2-3 men. “I am not a clown here. Get up and get out!” usually say the judge.
It may seem, that the victims are hampering the trial by themselves. Because of their insults and screams interrogations stop, judge announce a break and their absence lead to the trial’s removal…
Bone of contention
Constant tensions of victims and defendants became usual in this case. So-called apple incident was the last straw. On April 11 the judge announced a break after the victims interrogation up to April 16. While the judge was saying it some object hit the defendants’ advocate Lyubov Ivanova. It was the apple which somebody threw from crowd. Her colleagues asked police to arrest a culprit but the latter didn’t even try to do it.
Before this incident other objects were flying in a courtroom: bottles, fruits and even benches. Every time the defendants and their advocates didn’t mention it. But in this very case it was decided to call ambulance and police. Injured advocate wrote a compliant and policemen took it unusually quickly and started to ask witnesses. After it, they are going to qualify this act.
As Lyubov Ivanova noted, she is not going to forget about this incident and will demand to punish a culprit.
Revenge or greed?
“I speak with the victims and explain that their misbehavior makes obstacles for the trial. They understand it but when a person is in stress condition he can’t control himself,” explain the victims advocate Osunbek Zhamansariev.
The victims constantly accuse the defendants and their lawyers in intentional delaying of the trial. They want to put the defendants to jail as soon as possible. It is not clear what kind of motives they are being driven: revenge or greed? In case of verdict of guilty the victims will receive a title equal to World War II or Afghan War heroes’ status with all privileges.
You will stay here Mr. Stirlitz…
Next week witnesses will be interrogated in framework of the trial. The defendants’ advocate Timur Karabaev presented a list which includes National Guard, Defense Ministry, State Security Service, GKNB officers and mother of Police Academy cadet Nikita Kush who was brutally killed on Ala Too square.
“Besides, we are planning to invite soldiers and officers who were mugged and wounded on April 7, 2010. They are not officially included into the trial but can reveal some facts which could be useful for finding truth. We also requested to interrogate them as additional witnesses,” said the defendants’ advocates. Besides, they have prepared photo and video materials which will be added to the case.
The victims list will also be changed again. Recall, during investigation the list was shortened from 89 to 77 people. During the trial, one of the “dead heroes” appeared to be alive. He is living in Ekaterinberg (Russia) and works there as a bus driver. When this fraud revealed his relatives had already received an apartment in Bishkek and 1M soms. So, the “heroes” list will be changed. But the cheater’s place was occupied by another aspirant – some Chekist Isaev (fake name, don’t you think?).
A person with such unusual name appeared on the last court session and demanded to enlist him as he was also wounded on April 7, 2010 and he has necessary document. The victims started to insist on his interrogation but the judge Damir Onolbekov said: “You don’t understand, in order to make this man the victim it needs to arrange an investigation”.
Unfortunately, the whole case will be re-investigated. It means that it will be delayed again…
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