Sherzat Polat: Prosecutor Requests Punishments in Trial

Today in Court, the Prosecutor Requested Sentences for the Accused — From One and a Half Years to 23 Years of Imprisonment, Orda.kz reports.

"An Exam"

The lawyer representing the injured party, Meirman Shekeyev, addressed the court during the debate. He began with a quote from the grandmother of the deceased:

According to Shekeyev, whatever the court decides, the outcome will reflect the current state of Kazakhstan’s judicial system:

This is not just a trial of ordinary citizens. This is a moment of truth for the court, the prosecutor’s office and the entire justice system. I ask you, dear court, to see not only the evidence, but also the tears of a mother whose heart is breaking with pain. If this serious crime is not adequately punished, it will be a signal for impunity and recidivism. Sherzat cannot be brought back. But a fair sentence will be an attempt to console his mother. Let there be not only law in this courtroom, but also humanity. As Abay said: ‘Justice is the basis of human morality.’ We ask for the harshest punishment and compensation for moral and material damage. 

He added that the defendants continued to beat Sherzat even after he had fallen to the ground with a knife wound, despite his mother's cries for them to stop.

Sherzat’s father, Karzhaubay Nurymov, forgave one of the accused, minor Duman Ysqaq.

Later, defense lawyer Almas Myrkasymov stated that his client, Didar Kaliakhmet, did not take part in the fight:

Kaliakhmet stood aside and left two minutes later. He admitted that he regretted not calling the police or an ambulance after witnessing the fight. Nurymov later acknowledged that he was blaming everyone in a state of emotional distress and wasn’t sure Kaliakhmet was involved. 

Another lawyer, Gaukhar Baimukhanova, argued that the actions of Sherzat Polat, his brother Nurganat Gaipbayev, and his father Karzhaubay Nurymov also showed signs of criminal behavior.

According to the defense, they engaged in hooliganism, and Nurymov was seen leaving the store multiple times with a knife.

The video clearly shows Sherzat’s father, Karzhaubay Nurymov, leaving the store several times with a knife. Shekeyev himself, the lawyer for the victims, admitted that his clients used a weapon. The video shows Nurymov taking out a knife and using it three times. In this regard, I ask that a special ruling be issued and the case be sent to the Almaty Region Prosecutor’s Office under Article 293, Part 3 of the Criminal Code of the Republic of Kazakhstan,
 Baimukhanova stated.

Prosecutors have requested the following sentences:

• Abzal Shynasyl — under Part 2 of Article 99 (“Homicide”) and Part 3 of Article 24 (“Preparation for and Attempted Crime”) of the Criminal Code of Kazakhstan — 23 years in prison
• Ravil Sakiyev — under Part 3 of Article 293 (“Hooliganism”) and Part 3 of Article 24 (“Attempted Homicide”) — 20 years in prison
• Shyngys Belgozhayev — under Part 3 of Article 293 (“Hooliganism”) — seven years in prison
• Darkhan Askentay — under Part 3 of Article 293 (“Hooliganism”) — seven years in prison
• Nurkiyas Ilyasov — under Part 3 of Article 293 (“Hooliganism”) — nine years in prison
• Nurbol Toktaubayev — under Part 3 of Article 293 (“Hooliganism”) — seven years in prison
• Azamat Toktaubayev — under Part 3 of Article 293 (“Hooliganism”) and possibly also under Article 188 (“Theft”) — 15 years in prison
•  Didar Kaliahmet — under Part 3 of Article 293 (“Hooliganism”) — seven years in prison
• Duman Ysqaq (minor) — under Article 434 (“Failure to Report a Serious Crime”) — one year and six months in prison 
  The sentence is to be served in a medium-security penal institution for minors.

The prosecutors have also requested to review the testimonies of witnesses Elmira Nurbekova and Dana Zhaksygeldy, according to BES.media. The prosecution believes that the testimonies of the two women do not correspond to the facts and show signs of misleading the court.

The verdict should be rendered in the coming days. Court debates will continue tomorrow, June 3.

Original Authors: Sandugash Duysenova, Perizat Jarylqasyn