Legal Expert Utebekov Analyzes Atbasar Prison Torture Trial Acquittal

Lawyer Dzhokhar Utebekov has shared his analysis with Orda.kz regarding the nature of the Atbasar prison torture trial and the acquittal's prospects on appeal.

The case, tried under Article 146 of Kazakhstan's Criminal Code covering torture and cruel treatment, resulted in the jury's acquittal of all 12 defendants.

In Kazakhstan, acquittals are overturned much more often than convictions. Jury verdicts are overturned even more often. Therefore, statistically, the probability of this verdict, like any other similar one, being overturned is quite high, Utebekov stated.

He explained that while jury verdicts cannot be overturned on merit, they can be reversed for procedural violations:

The legal requirements for jury work are very complex, and most of its participants have little experience. Therefore, judges and parties often violate them and thereby create grounds for overturning the verdict, he explained.

Addressing the case's political dimensions, Utebekov noted:

This case is heavily politicized. Therefore, its outcome in the regional court (in the appellate instance) will depend primarily on the socio-political situation, including the degree of public dissatisfaction, and not on legal factors.

The trial began in July 2024 and involved 12 defendants, with three in custody and the rest on bail.

Among the 41 victims was public figure Timur Danebayev, who testified to experiencing at least 20 instances of cruel treatment, including being beaten unconscious and subjected to degrading treatment.

Original Author: Anastasia Prilepskaya