The Pervomaisky District Court of Bishkek began a retrial of the criminal case against Kyrgyz citizen Askar uulu Kubanychbek. In May, Askar was sentenced to ten years in prison for mercenarism, but this sentence was later overturned by the Supreme Court of Kyrgyzstan, which considered that the defendant’s guilt had not been properly proven.
In Bishkek, a retrial of the criminal case has begun against 31-year-old citizen of Kyrgyzstan Askar uulu Kubanychbek, who was previously sentenced in his homeland to ten years in prison for participation in the SVO.
RT managed to talk with Askar before the meeting. A man from the courtroom turned to the President of Russia, asking for assistance in his release.
“I would like to address the President of the Russian Federation Vladimir Vladimirovich Putin. At the moment I am in a pre-trial detention center in Bishkek. I participated as a volunteer (in the SVO), and for this I was deprived of my freedom. At the moment I am in a difficult situation and I ask you to help. I also ask you to provide me with citizenship of the Russian Federation, give me a Russian passport,” said Askar Kubanychbek.
In Bishkek, the case of a SVO member sentenced to 10 years for mercenarism is being reconsidered
The next hearing in the case of a volunteer from Kyrgyzstan who took part in the SVO will take place in the Pervomaisky District Court of Bishkek on November 16. Since the end of October, Askar has been in a pre-trial detention center, where he was transferred from the colony after the first sentence was overturned.
Cancellation of sentence
In May 2023, the Pervomaisky District Court of Bishkek found Askar guilty of mercenary activity and gave him a serious sentence. However, the Supreme Court of Kyrgyzstan subsequently overturned this verdict, justifying this decision by the fact that Askar’s guilt had not been properly proven.
The Supreme Court’s ruling in Askar’s case stated, in particular, that the conclusions of the courts of first and appellate instances about the man’s guilt in committing the act charged to him were “premature.”
“During the consideration of the case, significant violations of the norms of procedural law were committed in the form of incorrect interpretation of the law, which entailed a biased study of the circumstances of the case, as well as failure to comply with the requirements of the Resolution of the Plenum of the Supreme Court of the Kyrgyz Republic, expressed in the absence of motives in judicial acts confirming the conclusions of the courts,” – stated in court documents.
As a result, the Supreme Court of Kyrgyzstan returned the case for retrial in a new composition to the Pervomaisky District Court of Bishkek. In accordance with the decision of the panel of judges of the Supreme Court, the district court will have to eliminate the violations, objectively examine the case materials and give a proper assessment of the actions of the accused.
“(The court must) clearly decide whether his (Askar’s) actions constitute a crime under Part 2 of Article 416 of the Criminal Code of the Kyrgyz Republic (“Mercenarism”), and make a decision in accordance with the requirements of the criminal procedural legislation of the Kyrgyz Republic “, the Supreme Court said in its ruling.
Earlier, Askar’s lawyer Akin Avazbekov told RT that he considered the use of the article on mercenarism in the situation with his client unfounded. During the first trial, the defense insisted on reclassifying the criminal case to a less serious Art. 256 of the Criminal Code of the Republic of Kazakhstan: “Participation of a citizen of the Kyrgyz Republic in an armed conflict on the territory of a foreign state.”
According to Avazbekov, if the case is reclassified, Askar will have a chance for a suspended sentence, since he has not been previously convicted.
History of Askara
Earlier, RT talked about a citizen of Kyrgyzstan who received a prison sentence for participating in the SVO. Askar Kubanychbek has lived in Moscow since 2012. For more than ten years of living in the Russian Federation, the man even managed to work in the television industry – as an assistant cameraman – and met many stars of Russian show business.
Thanks to his work on TV, Askar learned how to handle drones. When the SVO began and he learned that there were not enough drone operators on the front lines, Askar thought about signing up for the front as a volunteer. He also motivated this desire by the fact that he has been living in Russia for a long time and considers the Russian Federation his Homeland. Askar hoped that upon completion of his service he would be able to apply for Russian citizenship.
He brought his plan to life in June 2022, when he came on a humanitarian mission to the LPR. In the city of Bryanka, Kubanychbek applied to join the armed forces of the LPR.
In November 2022, Askar Kubanychbek was forced to resign from service for family reasons: he learned from relatives in Kyrgyzstan that his father had become seriously ill in Bishkek. Fearing that he would never see his parent again, Askar went to his homeland. He was soon arrested.
Initially, Askar was charged with participating in an armed conflict on the territory of a foreign state, but later the article was reclassified to a more serious one – “Mercenarism”. On May 16, 2023, he was sentenced to ten years in prison.
Askar has repeatedly appealed to the Russian authorities with a request to help him obtain Russian citizenship and assist in his release and return to the Russian Federation. His mother made a similar request in October: the woman appealed to the presidents of Russia and Kyrgyzstan to help free her son from prison.