The editors of FBRK have learned details of a protracted case involving the theft of gold-bearing ore in the village of Zholymbet, Shortandy district. The suspect was held in custody for about two years on charges of involvement in an organised criminal group (OCG), and the purchase and sale of stolen property.
Despite the fact that the OCG charges were later dropped, and the theft and sale of property could not be proven, the criminal case has been underway for over a year with no apparent reason.
The investigation into this case has been suspended, the suspect's business has been bankrupted, and for some reason, the main piece of physical evidence – 20 tonnes of gold-bearing ore – cannot be produced. Where to find justice in this cycle of events is unclear.
Igor Pchelkov is the founder of Altyn Bas Ara LLP (the activity of agents specialising in the wholesale trade of certain types of goods), registered in 2013. Furthermore, the LLP was engaged in ore mining at the 'Mynaral' field in the Zhambyl region and the 'Karasu' field in the Karaganda region.
In September 2020, while crossing the border with the Russian Federation as part of the criminal investigation into the theft of gold-bearing material belonging to the branch of Kazakhaltyn Mining and Smelting Company JSC in the village of Zholymbet, Shortandy district, a loaded vehicle belonging to Igor Pchelkov was detained.
Subsequently, the charges were based on the assertion that Igor Pchelkov and his son-in-law Timirlan Terkhoev were not only aware of the existence of an OCG in the village aimed at stealing gold-bearing material but were also permanent members of the group. According to the investigation's version, the suspects sold the goods through Altyn Bas Ara LLP. They were placed in custody for up to two months.
In August 2021, the arrest was extended to twelve months. In September of the same year, due to a lack of evidence, it was ruled that Pchelkov was not a member of the OCG, and therefore, thanks to a petition from his lawyer, the preventive measure was changed to house arrest.
In February 2023, the charges were partially dropped due to the state prosecutor's refusal to proceed. Later, house arrest as a preventive measure was replaced with a compulsion measure of an 'undertaking to appear'.
Despite the fact that neither the fact of purchasing the material nor the fact of theft were confirmed, and the individuals involved were not members of an OCG, from April of this year to the present day, the criminal case nevertheless remains under the purview of the Investigation Department of the Shortandy District Police.
It would seem that proving the guilt or innocence of the suspects should be very easy; one only needs to compare the raw material extracted in the mines of Kazakhaltyn MMC JSC with that which was seized at the border along with Pchelkov and his son-in-law.
In July 2023, almost three years after the detention, an examination of metals and alloys was ordered, the conduct of which was assigned to the Forensic Science Centre in Astana. The criminal investigation, which Pchelkov and his lawyer had insisted upon throughout the entire process, was suspended due to the order for the examination.
However, a month later, the Forensic Science Centre returned the order; the examination was not carried out because the Institute's material and technical base and conditions do not allow the task to be completed.
It is also curious that the head of the Investigation Department, being aware of the decision made by the Forensic Science Centre, took no measures to resume the criminal investigation, which amounts to inaction. Thus, it can be assumed that the investigation in this criminal case is being deliberately delayed.
Furthermore, the editors of FBRK have information that an early examination of the seized material, which was carried out in February 2021 at the request of the lawyer, was falsified. The materials submitted for examination did not match those that had been seized. This fact was confirmed by an expert from the Institute of Forensic Examinations. And even this unreliable process managed to be dragged out for a whole year.
In summary, we have a criminal case that has been ongoing for more than three years, there is no evidence proving the guilt of Pchelkov and Terkhoev, the charges have been partially dropped, the results of the examination are unreliable, and numerous complaints from the lawyer about the lack of a criminal investigation are being ignored.
Incidentally, in December 2021, Altyn Bas Ara LLP was declared bankrupt by a decision of the Specialised Inter-District Economic Court of Almaty. The company has creditor debt for taxes and other mandatory payments to the budget amounting to over 105 million tenge, which is included in the second register of creditors' claims.
It is obvious that a person pursued in a criminal case could not fully meet their obligations. Pchelkov likely intended to continue his business, but he was not given that opportunity, with Altyn Bas Ara LLP being forcibly closed.
Furthermore, the documents needed to appeal the bankruptcy decision were seized during a search in the early stages of the investigation. Currently, it is not possible to return the documents. No one can explain the reasons for this injustice either.
How many more years will it take for a final conclusion to be reached on this case? For its part, the FBRK editorial team has sent a request to the regional prosecutor's office to clarify the current details of this investigation.