Complaint to the Prosecutor General of the Republic of Uzbekistan RK
To the Prosecutor General
Republic of Uzbekistan
To N.T. Yuldoshev.
100047, Republic of Uzbekistan, city
Tashkent, Yashnobodsky district, ul. Ya. Gulyamova, 66
from S.R.H., born on 04.04.1969, a native
South Kazakhstan region of the Republic
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) +7 705...
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.Kh., 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.Kh. 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 Malyshev O. and Javadov R., 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.Kh. and the defendant M. O.
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, S.R.H.A., born on April 04, 1969, and the termination of the criminal case without resolving the issue of my guilt.
However, to date, I have not received a response from representatives of the Prosecutor General's Office or lower-level prosecutor's offices for more than 2 months. According to your statement posted on the website of the Prosecutor General's Office of the Republic of Uzbekistan, "The open and transparent implementation of the functions of prosecutorial supervision makes it possible to most successfully protect the rights of citizens and state interests."
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 check on the inaction of the staff of the Prosecutor's Office of the Republic of Uzbekistan, which resulted in the fact that no petition has yet been submitted to the court to terminate 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" regarding me, Sh.R.Kh., born on April 04, 1969, a native 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, a copy of the power of attorney, a copy of the lawyer's certificate.
Sh.R.H. 03.07.2024
Representative
Lawyer Sarzhanov G.T.
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