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Colonel from Astana challenges dismissal over poppy seed cake

Submitted by fbrk_news on
Полковник из Астаны оспаривает увольнение из-за макового торта

The former head of the human resources department of the National Guard, Rustam Akbarov, has filed a lawsuit against the Ministry of Internal Affairs and the National Guard, demanding reinstatement. According to the colonel, he was dismissed after an internal investigation that began following the detection of trace metabolites of opiate substances in his tests after eating a poppy seed cake.

HOW THE INVESTIGATION BEGAN

According to Hronika.kz, the hearing of the lawsuit began in the military court of the Akmola garrison. The former head of the personnel and military education department of the Main Command of the National Guard, Rustam Akbarov, is challenging his dismissal, which took place on 20 April 2026.

According to the case materials, on 4 June 2025, the colonel and his wife visited the "Shatte" café in Astana, where he ordered a poppy seed cake with vanilla cream and cherries. The following day, during a drug screening, the metabolite "Morphine-3-beta-D-glucuronide" was detected in his urine. No prohibited substances were found in his blood.

WHAT TESTS THE COLONEL UNDERWENT

According to Rustam Akbarov, after receiving the results, he contacted the centre for forensic examinations and additionally provided blood and urine samples. A conclusion dated 10 June 2025 also did not detect any narcotic substances or their precursors; however, trace metabolites of morphine-3-beta-D-glucuronide were found in the urine.

Later, on 20 June 2025, the colonel underwent a medical examination at the mental health centre of Astana city. According to him, the examination did not detect any narcotic substances in his body. The results of this examination are included in the materials of the internal investigation and the pre-trial inquiry.

HOW THE CRIMINAL CASE DEVELOPED

On 7 September 2025, the military police department for the National Guard initiated a criminal case under Part 1 of Article 296 of the Criminal Code of the Republic of Kazakhstan ("Illegal handling of narcotic drugs, psychotropic substances, and their analogues without the intent to sell"), related to the alleged use of drugs in a public place.

Lawyer Manat Toktauov sent a request to the Republican Scientific and Practical Centre for Mental Health of the Ministry of Health. The institution's response stated that the link between consuming poppy seed pastries and the appearance of opiate metabolites in urine is a scientifically proven fact and is described in international toxicological literature.

Additionally, the investigation seized poppy seed samples from the café and sent them for analysis. According to the conclusion, poppy seeds are not classified as narcotic drugs, psychotropic substances, their analogues, or precursors.

HOW THE INVESTIGATION CONCLUDED

On 4 December 2025, the pre-trial investigation under Part 1 of Article 296 of the Criminal Code of the Republic of Kazakhstan was terminated due to the absence of a criminal offence.

Order No. 5 of the Minister of Internal Affairs dated 5 January 2026 states that during the drug screening, officials of the Main Command of the National Guard improperly organised the relevant activities and failed to take the necessary measures for examination and procedural response regarding Rustam Akbarov.

Despite this, on 20 April 2026, the colonel was dismissed for committing a "serious disciplinary offence incompatible with further military service".

In the Ministry of Internal Affairs' response to the lawsuit, it is stated that the grounds for dismissal were not the fact of metabolite consumption, but the established fact that morphine-containing substances had entered his body.

WHAT IS KNOWN ABOUT THE COURT PROCEEDINGS

The hearing of the lawsuit continues in the military court of the Akmola garrison.

Источник
Hronika.kz