03.02.2014

Is It Deja Vu? The Court On Sarsenbayev Case Passes On Proven Scenario

Having the begin on January 22, 2014, the session of the specialized court of the Almaty region for the review of E. Utembayev's case with a new circumstances of Sarsenbayev murder presented immediately an unpleasant but predictable discovery. There is a reason to belive that the lawyers of the aggrieved party are intentionnaly delaying the court proceeding, according to the proven scheme, which has been used in previous well known court proceedings.

index due R & AThe first request by new lawyers of the aggrieved party G. Zhuaspaeva and M. Aspandiyarova frankly shocked, because the lawyers had requested a time for examination of case's files and the court session had been delayed. Why the aggrieved party had invited the new lawyers and why the previous lawyers I. Alimbaev and D. Kanafin had been dismissed? There is a mystery. It seems, that the court session is open with special translation to the press room and the relatives of the victims A. Sarsenbayev, B. Baibosyn and V. Zhuravlev should be the most interested in the establishment of the truth during open court. The revatives of the victims and the previous lawyers had had much time for the examination of the investigation files. They could not clearly explain the reason for changing lawyers. However the judge satisfied their application.

After the strange demarche, they applicated a more strange request to release of Erzhan Utembayev, who has been accused as main orderer of the murder, but he is accused as accomplice of the crime at this time. The former head of Senate's administration Utembayev, according to the new circumstances of the case, is accused of ordering the beating Altynbek Sarsenbayev. Utembayev employed R. Ibragimov as executer of crime and paid US$60,000 to him. This fact is confirmed by FBI. However, as R. Ibragimov said that the ordering the murder Sarsenbayev had been set by A. Musaev and R. Aliev, but not by E. Utembayev, the Utembayev's guilt of Sarsenbayev kidnap and beating is not taken away. It was very surprisingly that R. Sarsenbayev, who is the brother of the victim, fully supported the request of the lawyers for the Utembayev releasing. The brother of the victim, the public activist Tolegen Zhukeev and the aggrieved party's lawyers spoke words of sympathy to Utembayev, who had been the man, because of who the tragedy had occurred.

There were also applications for reviewing the case in the military court, and allegations that the court session is orchestrated, and high emotional speeches of R. Sarsenbayev etc. Has the actions of the representatives of the aggrieved party related to the establishment of truth in this case? Probably, has not.

However, the actions of these «oppositionists» in the courtroom, who had been betrayed by Sarsenbayev's supporters, seem illogical at first sight. Same scenario of the court proceedings with participation of these persons and their allies we observed also in other well khown court proceedings. For example, the trial of the perpetrations of Zhanaozen's tragedy, inclidung V. Kozlov, in 2012 and the trial of Ryskaliyev brothers, which takes place at this time. On each case the applications of judge disquialification were claimed (there was the request of the Judge B. Baizhunusov disqualification in case of Sarsenbayev murder). The brother of A. Sarsenbayev «suddenly» discovered that he is a distant relatives with the Judge, and applicated the disqualification of the Judge. The amotivational change of the lawyers «suddenly» was made in the day of the first court session or a little earlier, and after this the application for delaying the court proceeding was made. In addition the request to release of the defendants was immediately made. This is very strange, because the lawyers claimed that they has not examined the case's files. Thus, it becomes to understand that these «rights defenders» are very few interested in truth and the punishment of the real culprits, but they are clearly trying to delay the court proceeding and they are trying to attract the public and media attention to their strange actions.

Now, when the beginning of the court session for the review of Utembayev's case very clearly showed the proven scheme, the forecast is very simple. Probably, the lawyers of the aggrieved party will delay the court proceeding by any means. It will be a flow of applications to the court for an invitation of witnesses, which will seemingly discover the essence of case. But, according to the previous court proceeding of Zhanaozen's case, we can be sure of that those «witnesses» have no valuable information. Moreover, they use the court as a place for their political speeches. Also the lawyer's applications for to attach to the case an «important evidences and testimonies» became a common practice, however these evidences and testimonies have actually no meaning. Ryspek Sarsenbayev, who is the brother of victim, already requested to attach to Utembayev's case the book about his brother, which probably contains important revelations upon this crime. In fact, every similar application, and hearing every doubtful witness, and examinating every extraneous piece of evidence are working altogether against achiving the ultimate goal of the court. It spends a time, increases a number of court sessions, and disturbs to examine the case's files. As a result, it influences to the court proceeding, which has an obstacle for discovering the truth. Undoubtedly, such tricks confuse the public and media and distract from the main purpose, which is the establishment of triple murder culprits.

What does this practice mean? Is this common lawyer's games for increasing their fee by delays, because they get a payment on time? Or, a procrastination becomes a deliberate tactic, in which the lawyers are cast and a scenario is written by other persons, who have a distinct intentions. In the second case any procrastinations and amotivative speeches clearly allow to get political points.

3 comments

  1. Anonymous

    Да все понятно с этми опппозицитцонерами. Нигде их слово не проходит. Но платят им именно за это... За фон, скажем так...

  2. Anonymous

    Impose sanctions against a blood stained, corrupt, undemocratic and inhumane regime of Kazakhstan's president Nazarbayev

    The unwillingness of the US administration to cease its support lent to President Nazarbayev, a Kazakh Saddam, and his highly corrupt family undermines a long term security of the American people. A wrong stance by the White House allows Nazarbayev to further kill, torture and persecute genuine pro-democracy friends. It undermines President Obama's commitment to defend democracy around the world. Americans and Kazakhs pay too high a price for miscalculations by the US administration. If the richest Central Asian nation is ignored by USA and its democratic allies, Nazarbayev's regime will continue his assassinations, economic mismanagement, tortures, religious discrimination, corruption, thereby causing misery, and the poverty to millions of ordinary Kazakhs willing to be a free nation.

  3. Диадох

    Аблязова оставляют на Западе! Победа!!!!!!