On May 2, 2024, in the Specialized Interdistrict Court for Criminal Cases of Astana, the court debates on the case of Kuandyk Bishimbaev began. The defense lawyer, Leila Ramazanova, spoke in court, as reported by the correspondent.
She emphasized that it will depend on the jurors whether this process can be considered fair.
"Here in the courtroom, it was stated that Bishimbaev blackened the victim Saltanat, but Kuandyk had no other way out. Either he confesses to one of the most serious crimes provided for in the Criminal Code of Kazakhstan, which means facing the gallows, or he tells the truth and nothing but the truth. Including about Saltanat. I will not dwell on the numerous violations of Kuandyk Bishimbaev's rights, I will just say that the constitutional right not to testify against oneself can be exercised by anyone," the lawyer stated.
Bishimbaev's defense believes that violations of the defendant's rights were committed in the appointment of an additional examination carried out at the initiative of the victim.
"During the pre-trial investigation, almost all defense motions were denied. After the hasty investigation, we filed a motion for the conduct of 28 investigative actions under Article 297 of the Criminal Procedure Code. This included the production of various types of expertise, but they were never carried out. You, jurors, have a heavy burden, in the absence of special knowledge and necessary expertise, to decide on the guilt or lesser degree of guilt of Kuandyk Bishimbaev on the charges brought against him," said Leila Ramazanova.
In her opinion, the names Saltanat and Kuandyk, without his consent, have become generic in the fight against domestic violence, violating the presumption of innocence.
"To understand what happened at the Vao restaurant on the night of November 8-9 and to establish the truth, it is important to first clarify the events preceding that dreadful day and whether Saltanat's torture has been proven. I would like to point out that the tortures are not attributed to our defendant due to the circumstances of November 9. He is charged with three episodes of torture before November 9, from March to October," she added.
Earlier, the court announced the completion of the judicial investigation and the transition to the debates of the parties. Prosecutor Aizhan Aimaghanova stated the position of the prosecution. Later, Saltanat's brother, Aitbek Amangeldey, appealed to the jurors and asked for justice. Also, the lawyer for the victims, Zhanna Urazbakhova, spoke in court and stated that the guilt of Bishimbaev and Bakhytzhanov in the committed crime is fully proven by the evidence presented by the prosecution. The same opinion is held by the lawyer Damir Ishmametov.
During the previous session on April 29, 2024, the court debates on the case of Kuandyk Bishimbaev did not start on time - the defendants did not appear in court due to some issues with the convoy service. As a result, instead of 10:00, the debates were rescheduled for 14:30. Returning from the break, the public prosecutor Sayakhat Nurbekov before the start of the debates requested to resume the judicial investigation to file a motion regarding the qualification of the charges against the second defendant, Bakhytzhan Bakhytzhanov.
