The Karaganda prosecutor's office has completed an investigation into a complaint from the family of Meruert Aulbayeva, who died in 2023 at Balkhash Hospital, and found no grounds for criminal prosecution of the doctors. A court had already ruled in December 2025 that the head of the hospital's surgical department was guilty of negligence resulting in death, and issued a special ruling against a doctor from the same hospital, but both avoided accountability: one due to the statute of limitations, and the other due to resignation.
WHAT THE PROSECUTOR'S OFFICE RESPONDED
According to the Karaganda Regional Prosecutor's Office, a ruling by the Balkhash Court on 17 December 2025 found that the head of the surgical department, Mr Mustap - the doctor who personally performed three operations on Meruert Aulbayeva leading to her death - was released from criminal liability due to the expiry of the statute of limitations for the case.
On the same day, the court issued a special ruling regarding a doctor from the same hospital, Mr Pak. He was the one who made changes to Meruert's medical records, including adding the diagnosis of 'Crohn's disease' after the patient's death, which was later included on the death certificate. According to the forensic medical examination, the diagnosis itself was made unlawfully. In total, over 200 changes were made to the records.
The Balkhash Prosecutor's Office and the regional Department of Medical and Pharmaceutical Control stated that this violation was not considered gross and only required disciplinary action. However, such action could not be taken, as Mr Pak had already resigned of his own accord.
WHY THE DEFENDANT AVOIDED ATTENDING HEARINGS
It is worth recalling that on 2 July 2025, the court suspended the proceedings due to the defendant's illness. On 30 June, Mr Mustap was hospitalised in the same hospital where he worked. He was then transferred to Multidisciplinary Hospital No. 2 in Karaganda, and soon after to the National Scientific Medical Centre in Astana, where he underwent a planned operation on 25 July. On 1 August, he was discharged in a satisfactory condition with a recommendation for outpatient observation.
However, on the eve of the next hearing, on 13 August, Mr Mustap was hospitalised again - in the same hospital where he had previously headed the surgical department and where the director, testifying as a witness in court, publicly stated his readiness to provide the employee with every possible assistance.
While the proceedings were suspended due to the defendant's 'incapacity for work', Mustap, according to the Karaganda Regional Department of the Committee for Medical and Pharmaceutical Control, renewed his specialist certificate in urology and andrology during inpatient treatment in Karaganda, and also completed professional development courses in radiation diagnostics and obtained a specialist certificate in general surgery.
The deceased woman's brother, Aitbek Aulbayev, believes that the simultaneous completion of training and certification indicates possible deliberately false declarations of health status and the use of medical documentation to disrupt court hearings while retaining access to practice.
Meanwhile, the department deemed Mustap's certificates valid, and he now works as an ultrasound diagnostics doctor at the same hospital. His sick notes, which coincided with court hearings, were deemed lawful, although violations were found in the manner of their extension. The prosecutor's office found no evidence of criminal offences.
HOW THE AULBAYEVA CASE DEVELOPED
Meruert Aulbayeva attended Balkhash Hospital on 27 July 2023 with symptoms of appendicitis, but the operation was only performed on 3 August - a week later, by which time she had peritonitis. After the operation, she was discharged with a high temperature, and soon developed sepsis. At the private clinic 'Alanda' in Karaganda, sepsis was diagnosed, but instead of calling an ambulance, they sent the patient back 400 km to the same surgeon. On 18 October, she underwent a third operation, and on 6 November 2023, Meruert died from multiple organ failure.
The forensic medical examination established a causal link between the actions of the doctors and the death.
The investigation dragged on for about a year and a half and was accompanied by repeated expert examinations and police delays. The case was only sent to court in April 2025.
