Complaint to the Prosecutor General of the Republic of Uzbekistan
To the Prosecutor General
Republic of Uzbekistan
To N.T. Yuldoshev.
Tashkent city, Republic of Uzbekistan, 100047,
Yashnobodsky district, ul. Ya. Gulyamova, 66
from S.R.H., born on 04.04.1969, a native
South Kazakhstan region of the Republic of Kazakhstan,
citizen of the Republic of Kazakhstan, Azerbaijani by nationality
Place of residence: Republic of Kazakhstan, Almaty city,
55A T. Street, apartment 36, Bostandyk district
tel. (WhatsApp) +7...
representative by proxy:
Lawyer Sarzhanov Galymzhan Turlybekovich
Law and Law Law Firm
BIN 201240021767
79 Abylai Khan Ave., office 304, Almaty
+77085785758, +77009785755
Claim.
By the verdict of the Mirzaabad District Criminal Court of the Syrdarya region of the Republic of Uzbekistan dated 09.02.2007, I, Sh.R.Kheyrullaevich, was found guilty of committing a crime under part 1 of Article 248 of the Criminal Code of the Republic of Uzbekistan and I was sentenced to imprisonment for a period of 1 year to serve my sentence in a high-security penal colony. After serving my sentence in 2007, I was deported by my place of residence and citizenship to the territory of the Republic of Kazakhstan.
By the ruling of the same court, part of the materials of the criminal case against Sh.R.Kheyrullaevich under part 1 of Article 246 of the Criminal Code of the Republic of Uzbekistan was sent for additional investigation due to insufficient evidence to convict or acquit.
On 27.03.2007, the court of appeal of the Syrdarya Regional Court considered the protest of the prosecutor of the Mirzaabad district against the verdict of 09.02.2007 and issued a ruling on changing the sentence in relation to the convicts M. O. and R. Javadov, and upheld the rest of the verdict and the ruling on sending part of the criminal case under Article 246 of the Criminal Code of the Republic of Uzbekistan for additional investigation..
On 11.02.2008, the criminal court of the Syrdarya region issued a ruling declaring a wanted list against Sh.R.Kheyrullaevich and defendant Malyshev O.Yu. and returning the criminal case to Sh.R.Kh. and Malyshev O.Yu. to the prosecutor of the Syrdarya region.
On 14.11.2014, the Senate of the Oliy Majlis of the Republic of Uzbekistan adopted Resolution No. PS-458-II "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan." This Resolution entered into force on 15.11.2014.
According to subparagraph (d) of paragraph 1 of Resolution No. PS-458-II dated 11/14/2007 "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan", the decree applies to citizens of foreign countries.
According To paragraph 5 of the Parliament of the Oliy Majlis, It Decided: "To terminate all cases of crimes committed by the persons listed in paragraphs 1 and 2 of this resolution."
Paragraph 7 of Resolution No. PS-458-II dated 11/14/2007 "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan" contains a list of persons to whom the amnesty does not apply. I believe that I am not one of those people and the specified amnesty act should have been applied to me.
According to article 382 of the Criminal Procedure Code of the Republic of Uzbekistan, the prosecutor petitions the court to refuse to institute criminal proceedings or to terminate criminal proceedings on the basis of an amnesty act.
The essence of the Resolution of the Senate of the Oliy Majlis of the Republic of Uzbekistan dated 11/14/2014 "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan" and the consequences of its application are clear and understandable to me. I am fully familiar with the charges.
The procedure, in case of termination of the criminal case, the issues of compensation for the material damage caused by me (if any), are resolved in civil proceedings, the issues of material evidence or instruments of crimes are resolved in accordance with art.211 of the Criminal Procedure Code of the Republic of Uzbekistan, have been fully explained to me.
On April 8, 2024, I wrote a petition addressed to you for the application of the Resolution of the Senate of the Oliy Majlis of the Republic of Uzbekistan "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan" against me, Sh.R. Kheyrullayevich, born on April 04, 1969, and the termination of the criminal case without resolving the issue of my guilt.
On July 19, 2024, the Prosecutor's Office of the Syrdarya region sent me a reply letter for outgoing No. 12/56m-22, according to which I was recommended to apply to the Syrdarya Regional Criminal Court, since the case against me was allegedly in court.
I do not agree with the above response from the Prosecutor's Office of the Syrdarya region, since the response itself is signed by Deputy Prosecutor Sh. Artikbayev stated that the case against R. Sh. had been returned to the Prosecutor's Office of the Syrdarya region and the prosecutor had the right, on the basis of article 382 of the Criminal Procedure Code of the Republic of Uzbekistan, to apply to the court for an amnesty act. Thus, the response of the Prosecutor's Office of the Syrdarya region is illegal.
In connection with the above, I ask you to protect my interests, verify the arguments set out in the complaint and provide me with a response as soon as possible.
Due to the fact that I am currently outside the Republic of Uzbekistan, due to the search and due to my financial situation, I cannot appear, I am sending this complaint by mail.
Based on the above, I ask you:
- to recognize the response of the Prosecutor's Office of the Syrdarya region dated 07/19/2024 for outgoing No. 12/56m-22 as illegal;
- to oblige the Prosecutor's Office of the Syrdarya region to file a petition to the court for the termination of the criminal case on the basis of Resolution No. PS-458-II of the Senate of the Oliy Majlis of the Republic of Uzbekistan dated 11/14/2014 "On amnesty in connection with the twenty-second anniversary of the adoption of the Constitution of the Republic of Uzbekistan" in respect of me, Sh.R.Kheyrullaevich, born on April 04, 1969, a native of Of the Republic of Kazakhstan, a citizen of the Republic of Kazakhstan;
- provide me with a written response.
Appendix: a copy of the court ruling of 02/11/2008, a copy of the power of attorney, a copy of the lawyer's certificate, a copy of the response of the Prosecutor's Office of the Syrdarya region.
Sh.R.H. 05.08.2024
Representative
Lawyer Sarzhanov G.T.
Attention!
Law and Law Law Law draws your attention to the fact that this document is basic and does not always meet the requirements of a particular situation. Our lawyers are ready to assist you in legal advice, drawing up any legal document suitable for your situation.
For more information, please contact a Lawyer / Attorney by phone: +7 (708) 971-78-58; +7 (700) 978 5755, +7 (700) 978 5085.
Attorney at Law Almaty Lawyer Legal Services Legal Advice Civil Criminal Administrative Cases Disputes Protection Arbitration Law Firm Kazakhstan Law Office Court Cases
