The FBRK editorial team often highlights cases of bias and even injustice related to the imperfections of the judicial and legal system.
It may be that state justice does indeed require regular updating, in order to meet the needs of modern society.
In early May, an event took place in Astana under the bold title Kurultai 'The Judicial System - a brake on Kazakhstan's development', organised by the public foundation "New Kazakhstan - Fair Kazakhstan".
Members of the Foundation appealed to President Tokayev with a request to create a special commission for the review of unfair court decisions.
The Chairman of the Foundation is a candidate of legal sciences Azamat Nurbolatov, who also participates in the development of draft laws on amendments to the Criminal, Criminal Procedure and Criminal Executive Codes in the Majilis of the Republic of Kazakhstan.
As activists of the public foundation relate, those convicted often receive disproportionate sentences and frequently under an incorrect article. The Foundation intends to defend the interests of people affected by the imperfections of the judicial and legal system.
The FBRK editorial team has obtained information that a former high-ranking serviceman convicted in 2016, Murat Nugmanov, is also a member of the Foundation and is seeking an acquittal.
In 2015, Mr Nugmanov, who commanded the troops of the 'West' regional command, was responsible for conducting the 'Tsentr-2015' exercises.
During a training task for amphibious landing and bridgehead blocking, four armoured personnel carriers sank in high waves, four young conscripts died.
The Aktau Garrison Prosecutor's Office initiated a pre-trial investigation under the article 'Negligent attitude to service resulting in grave consequences'. It turned out that the weather conditions that day did not allow for the exercises to be conducted safely, of which the commanding officer was aware, but he allowed the task to proceed.
Furthermore, Colonel Nugmanov did not ensure rescue operations, giving the soldiers no chance of being quickly rescued from the metal combat vehicles that were rapidly filling with sea water.
The court sentenced Mr Nugmanov to 2.6 years in prison to be served in a penal colony. In 2017, Mr Nugmanov unsuccessfully attempted to secure an appeal. In 2018, he was refused a cassation appeal – a check on the legality of the court decision.
Today, Mr Nugmanov demands the quashing of the sentence, and on social media complains about the judicial system and advocates for the abolition of military courts.
The modernisation of justice, which Mr Nugmanov so often mentions on social media, is indeed necessary for the full development of the state.
Undoubtedly, a more balanced and objective approach in the selection of judges could have a positive impact, including on the transparency of the judicial system, which, in the long term, would strengthen public trust in the courts and the very legitimacy of judicial proceedings.
However, to rely on the arguments of a former military man, whose competence in the judicial and legal system is questionable, would be premature and would probably do little to promote progress, as it would serve, rather, as lobbying for the interests of just one specific individual.
Perhaps the public foundation ought to define the boundaries of its activities more precisely and adhere primarily to the sphere of public interest. After all, no one wants the Foundation to become merely a tool for settling old scores.
Фонд-бюро расследования коррупции