A resident of Aktobe, Amanbek Sisenov, has recovered 300,000 tenge from the state for moral harm caused by police officers.
According to Ratel.kz, in July last year, Sisenov's car was stopped by police officers, after which he was taken to a narcology clinic for a medical examination.
It is reported that the narcologist, Baimuratov, diagnosed him with "mild alcohol intoxication". Based on this, the court sentenced Sisenov to 15 days of administrative arrest and revoked his driving licence. At the same time, Sisenov was placed on the narcology register.
However, seven months later, the convicted man was able to prove that the narcologist had conducted the examination with violations. This was confirmed by an inspection from the regional department of the committee for medical and pharmaceutical control.
It transpired that the breathalyser used for the examination was faulty - the device's margin of error exceeded the permissible norm.
In addition, it became known that during Sisenov's transportation to the narcology clinic, the police officers exceeded their official authority.
"During the procedure, they threw him to the ground (he was handcuffed) and sprayed pepper spray in his face three times. Then an administrative report was drawn up against him for resisting police," the report states.
After Sisenov proved that the examination, driving licence revocation, and detention were carried out unlawfully, he filed a lawsuit for compensation for moral harm.
"According to the decision of the city court, 'in accordance with the law "On Internal Affairs Bodies of the Republic of Kazakhstan", actions of employees that limit citizens' rights must be accompanied by the words: "In the name of the law."' From the video recording attached to the case, it follows that the police officers, without presenting Sisenov with any demands 'in the name of the law,' took him by the arm and led him to the car. Later, changing direction, they forcibly took him to the building of the Aktobe Mental Health Centre. Ignoring Sisenov's questions and explanations, the officers used force, twisted his arms, and sprayed pepper spray in his face three times," the report states.
In turn, police officer Tanatov claimed in court that Sisenov had resisted during the examination, but after viewing the video recording, the stated facts were not confirmed.
"Ignoring the requirements of the law, without warning of the intention to use physical force and special means, and without urgent necessity, the police officers sprayed pepper spray in the eyes of a person who was already lying face down in a horizontal position. These circumstances indicate a negligent attitude on the part of the official who drew up the report on the administrative offence, as well as a lack of proper control from management," the decision states.
In the end, the court ordered the state to recover 300,000 tenge in favour of Sisenov as compensation for moral harm for the actions of the police officers.
Furthermore, the resident of Aktobe will be paid an amount for lost income of more than 400,000 tenge, as he was not at work due to the administrative arrest, as well as 800,000 tenge as compensation for the payment of legal fees.