Yerlan Zhagiparov: Court Issues Verdict in Qantar Case

The Almaty Garrison Military Court has issued a verdict in the case of the deaths of Almaty residents Yerlan Zhagiparov and Auez Kapsalanov during the January 2022 events. 

Aitchan Aubakirov, deputy commander of the National Guard military unit, was found guilty of exceeding authority and sentenced to seven years.

Saule Kobzhanova, the affected party's attorney, told Orda.kz about the events during the Qantar uprising and explained why the trial was held behind closed doors.

Read also:

• Qantar Case: Court Closed Trial Concerning Zhagiparov's and Auez Kapsalanov's Deaths

The trial began in mid-December 2024. The defendant was retired Lieutenant Colonel Aitchan Aubakirov, former deputy commander of National Guard Unit 5571, for educational, social, and legal work.

He was charged under Criminal Code Article 451, Part 2, "Exceeding Authority Leading to Grave Consequences."

Initially, the proceedings were open, but they were later closed after a request from one of the witnesses.

As the attorney explained:

Officially, a petition was filed by one of the witnesses who feared for her safety. She exercised her constitutional right to request closed proceedings. However, in this case, it didn't significantly affect transparency. Because by the time of the closed proceedings, 90 percent of witnesses had already been questioned. So the public had the opportunity to assess the events and draw conclusions.

The Circumstances 

According to investigators, Zhagiparov and Kapsalanov were detained during Qantar but tried to escape.

The defendant, Lieutenant Colonel Aubakirov, shot them.

However, both were handcuffed, and no weapons were found at the scene of their deaths.

Forensic examinations revealed no gunpowder residue:

What concerns us is that two bodies were found together on the road. When shooting starts, people usually scatter. Either Zhagiparov and Kapsalanov were bound by the same handcuffs, which is why they fell together, or they were not shot during an attack as Aubakirov claims. No weapons were found there. The investigation was conducted professionally. Hand swabs were taken from the victims. No gunpowder residue was found. This means these people did not shoot, Saule Kobzhanova shared.

Aitchan Aubakirov, who served in the National Guard for over 25 years, held the position of deputy unit commander in Almaty.

During the unrest, weapon use was authorized only for officers:

There is an official version that the detainees were allegedly released. The indictment states that, fearing further abuse, they tried to escape and were shot. The defendant himself served about 25 years in the National Guard. He was the deputy commander of a unit in Almaty. This is a high position. During those days, only officers were allowed to use weapons. This was correct. We must acknowledge that the National Guard was under attack from protesters. But here, Aubakirov himself used his weapon. And unfortunately, he used it against two peaceful citizens who were in handcuffs, the attorney continued.

Yerlan Zhagiparov volunteered with the "Petroglyph Hunters" society and actively advocated for preserving historical monuments in the Arkharly tract. He was shot with a Kalashnikov rifle in Republic Square during the height of the January events.

Original Author: Zarina Fayzulina

Read also:

• Qantar Case: First Court Hearing on Shooting of Zhagiparov Held
• Qantar Case: First Responders Testify in Court Hearing Concerning Zhagiparov's Death
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