The Court of Criminal Appeals of the Military Court of Kazakhstan has reviewed the case of the death of 4-year-old Aikorkem during the January events.
On November 15, 2023, the first instance court in Almaty acquitted the defendant due to lack of evidence of a criminal offense in his actions.
Upon the protest of the Main Military Prosecutor's Office, the case was reviewed in Astana. The proceedings, like in the first instance, were held in closed session under the classification of "secret".
"The Judicial Collegium found that on January 7, 2022, around 19:30, the defendant, while at a checkpoint, unlawfully ordered the servicemen under his command to open fire on a car approaching the checkpoint. As a result of the shooting, the passengers of this car, a minor (born in 2017, A. Meldehan), sustained a gunshot wound leading to her death, and a minor (born in 2006, Zh. Meldehan) sustained five gunshot wounds causing serious harm to health," the Supreme Court statement said.
The guilt of the convicted individual was proven by the testimonies of the victims and witnesses, expert opinions, inspection reports of the scene, and material evidence.
"A separate ruling has been issued to the Minister of Defense of Kazakhstan regarding the violations committed by the servicemen, as well as the causes and conditions that contributed to the commission of the crime, for the implementation of measures to rectify and prevent them in the future," added the court.
The appellate verdict has now become legally binding.
On January 7, 2022, around 19:00, Aikorkem and her family were driving for groceries and were caught in the crossfire at the intersection of Seyfullin - Satpaev. Aikorkem passed away on the spot, her 15-year-old sister and 18-year-old brother were injured.