A quarter of a century to live

Kuandyk BISHIMBAEV's sentence is already known to everyone. It is not a life sentence, but if it remains in force, the ex-minister will have little time left for a happy old age after serving time.

The last hearing in the case of Bishimbayev, accused of the brutal murder of his common-law wife Saltanat NUKENOVA, began on Monday, 13 May, with the summing up of the previous series.

- The court retired to the deliberation room after discussing with the participants in the trial the wording of the issues to be resolved," Judge Aizhan KULBAEVA reminded. - The questions have been formed.

And she read out what specific questions should be answered by the jury.

In particular, with regard to Bishimbayev's accusation under paragraph 1, part 2, article 110 of the Criminal Code "torture against a person dependent on the perpetrator", the first question was as follows: has it been proved that from 16 December 2022 to 9 November 2023 the victim Nukenova was caused physical suffering by regular, repeated beating in various parts of the body and head, as well as moral suffering with humiliation of honour and dignity?

Second: has it been proved that this act was committed by the defendant Kuandyk Bishimbayev?

Third: is Bishimbayev guilty of committing this act?

Fourth: has it been proved that the victim Nukenova from the moment of cohabitation with the defendant Bishimbayev stopped earning money independently and was financially dependent on him?

The indictment of Bishimbayev under paragraph 5, part 2, article 99 of the Criminal Code "murder committed with particular cruelty" implied more questions for the jury.

First: Whether it is proved that an act took place, namely, that on 9 November 2023, sometime after lunch at the Bau restaurant in the capital, the victim Nukenova died of a closed craniocerebral trauma accompanied by an acute subdural haematoma in the right frontal temporal and parieto-occipital region, left parieto-occipital region with subsequent development of dislocation syndrome and wedging of cerebellar tonsils into the large occipital foramen, which caused disruption and then cessation of central nervous system functions, cardiac and respiratory arrest, which was the immediate cause of death?

Question two: has it been proved that the victim Nukenova was consciously and deliberately caused her death by inflicting targeted multiple blows to the head area?

Question three: has it been proved that Bishimbayev committed this act?

Fourth: Is the defendant guilty of committing this act?

Fifth: has it been proved that Bishimbayev deprived Nukenova of her life deliberately, ruthlessly causing her physical and moral torment, severe and prolonged suffering, causing her a large number of bodily injuries, depriving her of water, sleep and abusing her?

Question six: has it been proved that Nukenova was deliberately struck numerous blows to the head, which caused serious harm to her health, resulting in the death of the victim through carelessness and negligence? Is it proved that Bishimbayev committed this? Is the defendant Bishimbayev guilty of committing this act?

And these were the questions that the jury had to answer within the framework of the prosecution of Bakhytzhan Baizhanov under Article 432 of the Criminal Code "concealment of a crime".

In particular, the first question: was it proved that on 9 November 2023 in the restaurant Bau measures were taken to hide the traces of the committed crime - they prevented an employee of the state body from entering the restaurant, blocked the entrance to the VIP-cabin, closed the restaurant, disbanded the restaurant staff, deleted the recordings of video surveillance cameras, disabled the video camera in the restaurant, moved Nukenova's phone to another place and brought women's clothes to the restaurant several times?

Question two: has it been proved that the defendant Baizhanov committed this act?

Question three and last: is the defendant Baizhanov guilty of committing this act?

The judge and 10 grand jurors retired to the deliberation room to decide the case. There they stayed virtually all day - until 17.00.

Finally, the judge announced the verdict:

- The court sentenced Bishimbayev Kuandyk Valikhanovich to be found guilty of criminal offences under paragraph 1 of part 2 of Article 110 and paragraph 5 of part 2 of Article 99 of the Criminal Code and to impose punishment. Under article 110, paragraph 1, part 2, of the Criminal Code - 7 years' deprivation of liberty, and under article 99, paragraph 5, part 2, of the Criminal Code - 20 years' deprivation of liberty. On the aggregate of the offences, by partial addition of punishment, the final sentence was 24 years' deprivation of liberty.

Thus, under the article "torture" the ex-minister received the maximum possible term, and under the article "murder" - the maximum possible before life imprisonment. But still not a life sentence. He will serve his sentence in an institution of maximum security.

The court also found Bayzhanov guilty and sentenced him to four years' imprisonment in a medium security penal institution. By the way, the maximum sanction under the article "concealment of a crime" is six years of imprisonment.

According to the verdict and sentence, the guilt of the defendants was proved in full," Kulbayeva explained. - When imposing punishment, the court recognised the presence of minor children of the defendants as mitigating circumstances. Circumstances aggravating criminal liability and punishment Bishimbayev, the court found dangerous recidivism of crime (taking into account the previous conviction - V. Sh.), as well as committing a criminal offence in a state of alcoholic intoxication. The issue of the amount of punishment was decided by the judge and jury by open voting, taking into account the majority of votes.

At that time it was noticeable how the lips of the main defendant were moving. Apparently, he was not trying to argue with the court, but was either praying or reciting some mantra... In any case, when the judge asked if he had any questions, Bishimbayev answered in the negative.

But the second defendant had questions. To be more precise - one.

- Why four years for me?! - Baizhanov asked in a trembling voice. - An innocent man!...

He hesitated, choosing his words.

- As soon as you receive a copy of the verdict, you have the right to appeal against it within 15 days, - the judge addressed him with some sympathy, as it seemed, even sympathy.

Most likely, both sentences will be appealed. And if in the case of Baizhanov - because of his disagreement with the statement that he is guilty at all, then Bishimbayev's reason is different. Now the ex-minister is 44 years old. If he serves the full term, he will be released at the age of 68, when his life is already coming to an end, and the health that has been ruined behind bars cannot be recovered either for money or by force of connections with respected people.

Therefore, it must be assumed that Bishimbayev will fight for at least mitigation of punishment. His lawyers during the trial made it clear that the charges should be reclassified to a milder article.

Let's see to whom he prayed there.

Source: time.kz