The Karaganda Regional Court refuted information about the closure of the criminal case against a doctor accused of negligence, which led to the death of Balkhash resident Meruert Aulbayeva. In an official response to a request from the FB RK editorial team, the court confirmed that the case had not been closed on 6 November due to the expiry of the statute of limitations, and that the court proceedings are ongoing.
Recently, the FB RK editorial team reported that the doctor from Balkhash City Hospital, accused in the death of Meruert Aulbayeva, had practically avoided responsibility due to the expiry of the two-year statute of limitations for criminal prosecution. Following the publication of the material, our editorial team sent official requests to the Supreme Court, the Higher Judicial Council, and the Prosecutor General's Office.
The Supreme Court and the Higher Judicial Council forwarded the requests to the Karaganda Regional Court, where we were provided with a detailed timeline of the case's proceedings.
The criminal case against Mr Mustafa, accused under Article 317, Part 3 of the Criminal Code of the Republic of Kazakhstan (improper performance of official duties resulting in death through negligence), was submitted to the Balkhash City Court on 28 April 2025. On 2 July, the proceedings were suspended due to the defendant's illness.
On 14 August, the court rejected the demands of the prosecutor and the lawyer Ibrahim Saduakasov, representing the deceased's brother Aitbek Aulbayev, for the resumption of the proceedings. However, the victim's representative and the prosecutor exercised their right of appeal.
On 15 October, the Judicial Panel for Criminal Cases of the Karaganda Regional Court recognised the decision to suspend the case as unlawful and unfounded, overturned it, and sent the case back for further consideration.
The proceedings were scheduled for 19 November but were subsequently postponed to 26 November.
The court specifically emphasised that the issue of releasing the doctor from criminal liability would be decided directly during the court session. This means that the final decision on whether the doctor can avoid punishment (including due to the expiry of the statute of limitations or on other grounds) will be made by the court during the examination of the case.
It is worth recalling that the tragedy occurred in 2023, when Meruert Aulbayeva repeatedly visited Balkhash Hospital with severe pain and a high temperature. However, she was refused hospitalisation there several times.
Only after a private ultrasound on 27 July was a purulent formation measuring about eight centimetres detected. Despite the requirement for surgery to be performed within two hours, the doctors adopted a wait-and-see approach.
The surgery was only performed on 3 August by the head of the surgical department, who was subsequently charged. By the beginning of October, sepsis had developed, requiring several operations.
On 6 November 2023, Meruert died from multiple organ failure (the simultaneous failure of two or more vital organs). A forensic medical examination established a direct link between the actions of the doctors and the patient's death.
It should be noted that the Prosecutor General's Office forwarded the official request from our editorial team to the Karaganda Regional Prosecutor's Office, which passed it on to the law enforcement agencies of the region. We await a response from the police and will continue to monitor the progress of the court proceedings.