Qantar Case: First Responders Testify in Court Hearing Concerning Zhagiparov's Death

The Almaty garrison military court recently continued hearings regarding the deaths of archaeologist Yerlan Zhagiparov and Almaty resident Avatkhan Kapsalanov. 

The incident occurred on Republic Square on January 6-7, 2022.

The case focuses on events within the operational area of military unit 5571 of the National Guard (Ministry of Internal Affairs). Court testimonies from National Guard servicemen have provided limited clarity, with witnesses citing the time elapsed and the stressful situation affecting their recall of events.

Law enforcement representatives' testimonies describe the security situation in central Almaty during the January 2022 events and the operational conditions faced by security personnel.

Covering The Trial

Retired Lieutenant Colonel Aitchan Aubakirov, who previously served as deputy commander for educational, social, and legal affairs at the Ministry of Internal Affairs National Guard unit 5571, is facing charges for exceeding authority resulting in grave consequences under Article 451, Part 2 of Kazakhstan's Criminal Code.

Aubakirov denies the charges and remains free under travel restrictions.

Nurlan Zhagiparov, Yerlan Zhagiparov's brother, traveled from the UK to attend the hearing. 

At the latest hearing, he submitted two requests to the court: to include photographic and video evidence of his brother's injuries that he documented while preparing the body for burial and to change the defendant's pre-trial restrictions.

The defendant committed a socially dangerous act and is now walking free and driving. He killed two people, did not cooperate with the investigation, so he needs to be temporarily isolated from society. 

Judge Aidar Sekenov issued split decisions on the motions, accepting Nurlan's photo and video documentation as evidence while maintaining the current travel restrictions on Aubakirov, noting the defendant's compliance with existing conditions.

Defense attorney Yerlan Izbanov raised concerns about media coverage of the proceedings:

We are currently creating a negative opinion in society. Various publications are coming out that distort actual information, so I am requesting the court to issue a warning to the media. It is premature and unfair to make any hasty conclusions after one hearing.

Following Izbanov's submission of an unidentified article, Judge Sekenov cautioned journalists present about maintaining objectivity in their trial coverage:

Do not draw your conclusions prematurely. You can draw them after the verdict. We don't know what it will be - acquittal or conviction. Therefore, refrain from drawing your conclusions now, otherwise the court may regard this as exerting pressure on it. There is liability for this, you will be punished. Ok?

The judge also reminded reporters about the ban on taking photos and videos of the defendant and his two lawyers.

Having agreed on procedural matters, the court began witness testimonies. 

Emergency service workers who recovered bodies from Republic Square on January 7, 2022, were the first to testify.

They said they were transporting bodies to the central morgue that day.

One witness stated:

On January 7, 2022, we started our shift at 8 a.m. One of our crews was called to the area of ​​the Ramstor hypermarket, they said that there was a body lying in the alley and it needed to be taken to the morgue. We arrived, picked it up, and immediately they called us back and told the shift supervisor that there was another body lying near the Akimat. We picked it up too, and immediately we received a new task to go to the military at Republic Square... There were two crews, so we split up. Our group went towards the Akimat on Satpayev, and the second one went towards Jeltoqsan. I remember that there were 12 bodies in total... There was talk that one of the dead was in handcuffs. The guys went to them, and I went to the Akimat, said Dmitry Obelchak.

 His colleague from the second crew of the city rescue service added:

We arrived, and the soldiers showed us where to pick up the bodies. There were 14 or 15 of them. Closer to the RBK bank building, we saw two bodies, three men picked them up, I ran up and helped load them into the vehicle. One of them had a handcuff on his right hand. I don't remember now what he looked like because we carried him face down. But I think he was wearing a black jacket. And the second victim was thin. He was lying two or three meters from the first, said Saken Sisabayev.

Senior duty officer of the rescue shift, Yuri Sergeev, tried to describe what happened.

But he, too, could not give a clear account: 

We took 16 bodies. I specially drew a map where I marked who was lying where. This map is in the materials of the criminal case, I drew it six months after the events, when the investigation was underway... There are two entrances to the RBK bank building. Two of the dead were lying near the entrance that is closer to the Independence Monument. Their bodies were covered with blankets. I can't describe them since three years have passed since then. But I remember for sure that one of them had handcuffs - it was a clear feature.

Questioning the witnesses, defense attorney Izbanov focused on the body identification and processing procedures.

He asked about tagging methods and morgue transfer protocols.

The witnesses explained that their role was limited to recovering and transporting the bodies from Republic Square to the central city morgue, where morgue staff documented the arrivals in their official registry.

Little Clarity

The exact circumstances of how the National Security Committee's unit "A" special forces initially detained Zhagiparov and Kapsalanov on January 6, 2022, and their subsequent transfer to National Guard custody have not been established. Who did so and on what grounds is also unknown.

The source of their injuries before their deaths remains undetermined as well.

The investigation has only identified Lieutenant Colonel Aitchan Aubakirov as a suspect, though the events leading to the fatal shots are still unclear. 

During the recent hearing, Aubakirov remained silent throughout the proceedings, shaking his head when the judge asked if he had questions for witnesses.

According to the evidence presented, National Guard Unit 5571 held Kapsalanov and Zhagiparov at their barricade position for several hours.

When ordered to release the detainees, guards removed Kapsalanov's handcuffs completely and partially unfastened Zhagiparov's restraints.

Zhagiparov reportedly pushed a guard and ran toward Jeltoqsan Avenue, with Kapsalanov following. 

Both men took cover behind trees.

The subsequent events remain unclear. 

Defendant Aubakirov and other unit members reported receiving fire and attempted ramming by unidentified people.

Witness accounts differ on timing, with estimates ranging from 30 minutes to an hour after the detainees' release.

The security forces stated they fired warning shots before returning fire, during which Kapsalanov and Zhagiparov were reportedly struck unintentionally. 

Their testimonies consistently referred to the two as "silhouettes" and described their deaths as "silhouettes falling." 

The detainees' decision to remain in the area rather than seeking safety remains unexplained.

Key witness Kairbek Tyulyushev also testified.

He coordinated operations between the National Security Committee's "A" special forces and the Interior Ministry's "Berkut" National Guard units during the January 6, 2022, square clearance operation and commanded 130 special forces personnel.

My troops transferred the citizens detained near the Akimat and on the square to the National Guard servicemen. I don't remember exactly how many were detained, maybe five people. After the detention, we put disposable plastic handcuffs on their hands, and when we handed them over, we cut off the ties. We have real metal handcuffs in our arsenal, but we didn't take them with us then. They remained in the armory as special equipment. I was near the entrance to the city Akimat until five o'clock in the morning on January 7. The Berkut special forces of the National Guard left the square earlier since there was a threat of an attack on their unit,said Tyulyushev. 

The affected party's lawyer, Saule Kobzhanova, asked Tyulyushev about a knife allegedly found during Zhagiparov's arrest, as claimed by a National Guard sergeant.

Tyulyushev contradicted this account both in prior in-person questioning and current testimony:

We handed over the detainees to the National Guard officers along with their documents and cell phones. If a knife had been found and confiscated, we would have handed it over as well.

Witness Arlan Seisembayev, who knew Zhagiparov personally and served in the National Guard's regional command "Ontustik" (which oversees military unit 5571), testified next.

When Zhagiparov's friends learned he was being held by unit 5571 personnel, they contacted Seisembayev for assistance in securing his release.

I didn't get through to Yerlan right away, only on the third try. When he picked up the phone, I asked him to pass it on to the officer standing next to him. He rudely asked me in Kazakh who I was and what I wanted from him. I explained that I served in the southern regional command, knew Yerlan and asked to release him if possible. The man on the other end of the line didn't answer, Seisembayev said.

Seisembayev said that during the investigation, he identified Aubakirov as the person who spoke aggressively to him on the phone by voice.

The next day, when I was at work, Grigoriev, an employee of the military counterintelligence department (OVKR - Ed.), came to me. He started asking me about the call, and then suddenly said that Yerlan could have been a terrorist. He took my phone and looked through the history of outgoing calls. I was very upset that I had served in the ranks of the National Guard for so many years, and I was questioned by an employee of the OVKR, Seisembayev said.

When Judge Sekenov asked Seisembayev about his official capacity to request Zhagiparov's release, Seisembayev acknowledged he lacked such authority but hoped to reach an understanding with fellow service members.

The hearing concluded with testimony from Bakytzhan Medetbekov, former special investigator with the Almaty City Police Department.

As leader of a joint investigative and forensic team from January 6-8, 2022, he oversaw the identification of 283 deceased individuals at the central morgue.

All decisions on the appointment of forensic examinations were made in my name. Together with six investigators and six forensic experts, we examined the bodies. Those that came from city hospitals - from the Emergency Hospital and the 7th Hospital - had tags. Those that were brought from different places with signs of violent death were without tags. In the morgue, they were given yellow tags. We worked from 9 a.m. to 6 p.m. all three days. We filled out the documents manually, since there was no Internet on those days, and accordingly, the computers did not work

Medetbekov detailed the high-pressure conditions under which the investigative team operated, citing significant safety concerns:

The relatives of the deceased were coming to the morgue. They were standing on the street, anxious and asking for the release of the bodies to be expedited. We were guarded by SOBR special forces and patrol and guard service officers, but an attack on the morgue by unknown persons was still registered later... We invited only one relative at a time to identify the deceased. I remember one body with handcuffs. I didn't see it myself, I know about it from other police officers.

Previous accounts indicate that when Zhagiparov's body arrived at the morgue, it bore signs of physical assault, and one handcuff remained attached to his broken wrist. 

His friends, who eventually identified him, reported that police officers on duty at the morgue removed the restraint.

Original Author: Zhanar Kusanova

Read Also: 

• Qantar Case: First Court Hearing on Shooting of Zhagiparov Held

This is a translated piece. The original article was published in Russian on 06/01/25. For accuracy, please refer to it via link.