In Shymkent, the investigation into the circumstances surrounding the death of 23-year-old Saniya Zhubanysheva in the temporary detention facility (ITF) is ongoing. Two detention facility officers have been named as suspects in the case of alleged negligence resulting in grave consequences, and a preventive measure of pre-trial detention has been imposed on them.
WHAT HAPPENED
According to the statement of lawyer Talgat Yessimov, who represents the interests of one of the suspects, 23-year-old Saniya Zhubanysheva was held in the ITF on suspicion of intentionally causing grievous bodily harm to a minor. It is reported that while in detention, she took her cellmate's medication, after which her condition deteriorated sharply. The woman could not be saved.
Following the incident, a criminal case was registered for negligence resulting in grave consequences. As part of the investigation, two ITF officers have been named as suspects.
WHAT QUESTIONS HAVE ARISEN FOR THE DEFENCE
According to lawyer Talgat Yessimov, the court's decision to impose pre-trial detention as a preventive measure raises questions. He claims that the suspects face a penalty of up to 4 years imprisonment.
The defence counsel cites the Regulatory Resolution of the Supreme Court, according to which, in his opinion, pre-trial detention should not be applied if the sanction of the relevant article provides for a penalty of less than 5 years imprisonment. At the same time, he notes that Article 147 of the Criminal Procedure Code of the Republic of Kazakhstan provides for exceptions where such a preventive measure is possible.
THE DEFENCE'S ARGUMENTS
As the lawyer claims, the suspects are serving police officers, and therefore, in his opinion, the grounds for imposing pre-trial detention provided for in Article 147 of the Criminal Procedure Code of the Republic of Kazakhstan do not apply to them. In particular, the defence counsel points out that their identities and places of residence are known, no information about prior convictions is provided, and there is no evidence of attempts to flee.
The lawyer also stated that he does not understand why the court did not impose a more lenient preventive measure, such as house arrest or bail.
WHAT OTHER QUESTIONS HAVE BEEN RAISED
Furthermore, Talgat Yessimov drew attention to the scope of suspects in the case. According to him, the criminal prosecution is being pursued against the ITF duty assistants, who, as the defence counsel claims, do not hold officer ranks.
The lawyer also questions whether the potential liability of the detention facility's management, responsible for organising its operations, was considered during the investigation.
