The investigating judge of the Sverdlovsk District Court, A. Zh. Tumonov, stopped considering the complaint of attorney A. Sydykov against termination of the investigation of the fact of deat

Июл 02.2021

The human rights Movement "Bir Duino Kyrgyzstan" and attorney Aidar Sydykov continue to protect the rights and interests of Khadicha Askarova after the death of human rights defender A. Askarov on 25 July 2020 in Penal Colony No. 47.

Today, on 1 June 2021, the Sverdlovsk District Court of Bishkek considered the complaint of attorney A. Sydykov in defense of the interests of Khadicha Askarova on the recognition of the decision of the senior investigator of the Investigative Department of the State Penitentiary Service under the Ministry of Justice of the KR, senior lieutenant of the armed forces A. Moldazhiev on the termination of pre-trial proceedings registered in the Automated Information System Unified Register of Crimes and Misdemeanours (AIS ERPP) under No. 03-860-2020-000152 on the death of Azimzhan Askarov to be illegal and unfounded.


Participants of the court session:

A. Zh. Tumonov, investigative judge of the Sverdlovsk District Court of Bishkek;

A. K. Azhibayeva, Secretary of the court session;

S. Toktogulov, Senior Assistant Prosecutor for supervision of compliance with laws in bodies and institutions of the penal enforcement system;

A. Moldazhiev, senior lieutenant of the armed forces;

A. Zh. Sydykov, attorney.


Unfortunately, the investigating judge of the Sverdlovsk District Court of Bishkek, A. Zh. Tumonov, stopped the production of judicial material on the complaint of attorney A. Sydykov. The investigating judge justifies his decision by the fact that the complaint against the decision to terminate the pre-trial proceedings was filed after the expiration of the appeal period on 28 June 2021, and the decision to terminate the pre-trial proceedings on the fact of A. Askarov's death was received by the lawyers on 16 June 2021.

The HRM "Bir Duino Kyrgyzstan" states that on 16 June 2021, the attorneys of the HRM "Bir Duino Kyrgyzstan" and attorney Aidar Sadykov received a copy of the resolution on the termination of pre-trial proceedings, as well as 2 volumes of materials of pre-trial proceedings.

In accordance with part 2 of Article 250 of the Criminal Procedure Code, "the appeal period is 10 days from the date of receipt of the decision to terminate the criminal case".  This is confirmed by the attorney's statement about familiarization and the date of photographing the case materials and was not denied by the court. 

However, the calculation of the terms should be carried out according to the rules of Article 141 of the Criminal Procedure Code of the KR:

2) when calculating the term in days, the day on which the term begins is not taken into account, i.e. in our case, the term is calculated from 17 June.

4) if the end of the term falls on a non-working day, the last day of the term is considered to be the first working day following a weekend or a holiday, except in cases of calculating the term during detention, imprisonment, home detention and being in a medical institution. 

In this case, the last day of filing a complaint fell on 26 June, Saturday, i.e. a non-working day. Therefore, the last day of filing an application is 28 June 2021. The complaint was filed on the last day, since the case materials in 2 volumes required an in-depth study by experts. We also hoped to get an expert opinion on the conclusion of a forensic medical examination. 


By his decision, the investigating judge A. Zh. Tumonov exceeded his powers, having stopped the pre-trial proceedings.


Also, it is important to note that the judge began to consider the case on the merits and retired to the deliberation room to make a decision, while the timeframe had to be taken into account before the consideration of the case on the merits. 


In accordance with Article 262, the procedure for considering complaints against actions and decisions of pre-trial officials: "At the beginning of the court session, the investigating judge announces which complaint is subject to consideration, explains the rights and obligations to the applicant. The applicant, if he participates in the court session, substantiates the complaint, after which other persons who appeared at the court session are heard. The failure of a duly notified applicant and an official to appear in court is not an obstacle to consideration of the complaint." "3. The complaint cannot be considered, the proceedings on it are terminated if the complaint is filed by a person who does not have the right to file a complaint; if the complaint is not subject to consideration in this court; if the complaint is submitted after the expiration of the appeal period provided for by this Code, and the person who filed it does not raise the question of resuming this period or the investigating judge, at the request of the person, does not find grounds for its restoration; the complaint was previously considered on similar grounds or arguments."



1. We intend to file a complaint with the disciplinary commission of judges against the actions of the judge; 

2. Appeal the decision on termination in Bishkek City Court.


Should you have any questions, please, contact the HRM "Bir Duino Kyrgyzstan" by phone: 0312 317671, 0550184095, attorney Aidar Sydykov: 0556161038.



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Feedback from our focus groups



Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”



Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.



I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”



The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.



Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”


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