Shymkent Court Sentences Psychiatric Center Employees in Assault Case Involving Patients

In Shymkent, two employees of a psychiatric center were found guilty of sexual assault against patients. Among the victims was a minor who became pregnant during her treatment at the facility. 

An Orda.kz correspondent spoke with the relatives of the victims and the legal representatives of the parties involved.

The defendants, aged 33 and 43, had worked at the regional psychiatric center for over a decade. Both denied the charges, but the court found the evidence sufficient and sentenced each to 15 years in prison.

The victim's pregnancy coincides with the period of her treatment at the regional psychiatric center, which fully confirms the charges. In addition, several witnesses were questioned. All of them were aware of their actions. The girl was admitted to the center in a depressed state. The testimony confirmed the actions of the orderlies. Given this, find Darzhanov and Duysebayev guilty under Article 120, Part 3-1, Clause 1 of the Criminal Code of the Republic of Kazakhstan,
Judge Samidin Temiraliyev stated while reading the verdict. 

Case Background and Testimony

There are two victims in the case. The first is a 17-year-old diagnosed with schizophrenia; the second is a 21-year-old undergoing treatment for severe depression. According to investigators, the younger patient became pregnant while at the center.

An abortion was later performed by decision of the investigative authorities.

The events came to public attention in November of last year after patients reported the incidents to family members. The minor claimed that she had been tied to a bed and administered strong sedatives. According to her, the assaults took place in areas without video surveillance, including the attic and stairwells.

To be honest, we lost all hope. There was a lot of pressure during the investigation. And after the trial began, it continued. So we stopped hoping. Overall, I agree with the verdict. It is fair,
the victim's mother told Orda.kz. 

Evidence 

Attorney Zhamal Bakirova stated that certain pieces of evidence were lost during the investigation:

Due to the fact that the camera recordings were not seized in time during the investigation, the center destroyed the video archive. Nevertheless, we provided the court with evidence: for example, the defendants' correspondence on WhatsApp. This evidence turned out to be sufficient. 

However, the relatives of the defendants dispute the court’s conclusion. Tagaybek Darzhanov, father of one of the defendants, questioned the handling of the investigation:

All the examinations showed that our children were not involved. Nothing was found on any of them. This is the mistake of investigator Nursultan. He is, to put it mildly, a indecent person. The child was lost not somewhere on the street, but right in the institution. If they had documented it in time, we would have known for sure who the father was. If these were our children, then it would have been confirmed,
he said. 

According to Darzhanov, the defense team plans to file an appeal.

Additional Rulings

The court also issued private rulings against the investigator responsible for the case and the chief doctor of the psychiatric center.

The former employees must also each pay 10 million tenge to both victims as compensation for moral damage.

Original Author: Nazerke Yerkinbekkyzy