So, I translated some information from denisten_official on Instagram. My English isn’t great but I was trying to translated it as much correct as I could. I just want to help spread this.
The judgment was made, but the judge didn’t answer the aggrieved party’s motion. We have a lot of unanswered questions. Such as:
Who did Zhanar Tolybaeva call? And who called her from Switzerland and England?
Arman Kudaibergenov demanded from Saduov $5,000 after what happened. Why?
The knife was bought on the night of July 17-18 at 1:30 am.
Why are Tolybaeva’s lawyer and Zhanar telling lies?
Her cell phone records confirm that she has two-way communication with somebody from Switzerland and England.
Lawyer and Tolybaeva said that calls were made from Kyrgyzstan and Uzbekistan. But the cell phone records didn’t confirm it.
Arman Kudaibergenov wrote in a letter to Denis’ mother, “I had no choice”
Tolybaeva is a teacher from village Korday. She has a car, expensive phones (such as iPhone and Samsung), communication with Europe. Who is she?
How can an ordinary teacher from village Korday afford it?
One of the most important witnesses wasn’t interrogated because investigating officers couldn’t get through him.
Despite multiple requests from Denis’ mother the judge didn’t call Saduov who is one of the most important witnesses in a case and who know Kudaibergenov. Kudaibergenov demanded from him 5,000 U.S. dollars right after what happened. Why did he demand money? He couldn’t answer the question. The court explained why they didn’t call Saduov because they couldn’t get through him.
Nuraly Kiyasov’s brother was convicted of group violence. He was sentenced to 2 years conditionally.
July 18-19 in 2018 perpetrators were driving a car of Kiyasov’s brother, that Kiyasov allegedly stole from his own brother. The judge refused to call for interrogation his brother because he can’t give evidence against his sibling by the law. But Kudaibergenov and Tolybaeva aren’t his relatives. But they found the answer within the law and Kiyasov’s brother wasn’t interrogated.
Kiyasov and Kudaibergenov have already been prosecuted three times! And every time they were released because of reconciling the parties. Kiyasov’s brother was a suspended sentence. Kiyasov himself and Kudaibergenov still haven’t been convicted.
What're the untouchable men?!
About policemen. Denis’ family asks to prosecute policemen Nurpeisov and Musaev, who saw the fight between Denis and perpetrators and didn’t react.
January 11th they were interrogated at the hearing.
Policemen were going to Central stadium, but somehow they were on Kurmangazy-Baiseitova street. They were there before the fight. According to Nurpeisov, they wanted to buy a hot dog on Nazarbayev-Kurmangazy street. But according to Musaev, they wanted to buy a burger on Nazarbayev-Bogenbay Batyr street. Policemen ran and help when perpetrators had been already running away. Meanwhile, one of the policemen go after them without staying with Denis and calling an ambulance. Running out on the road he found out what direction perpetrators went. He sent another police car in a different way (instead of Nazarbayev avenue to Ablai Khan). Later this car will come back to the place of the incident and namely these patrolmen will call the ambulance, tourniquet the leg and help doctors. Time was lost.
Second policemen went to “catch” perpetrators by car along Panfilov street and magically didn’t notice them when they were moving in the same direction as his car.
Nurpeisov and Musaev’s evidences aren’t the same as patrolmen’s, who was providing real help.
During interrogation, judge withdrew all media to another room and asked them to take out all cameras and microphones from the courtroom, despite the fact that aggrieved party wasn’t against it. He didn’t allow the lawyer to ask policemen questions. He also didn’t respond to almost every Denis’ mom question.
The judgment was made, but the judge didn’t answer the aggrieved party’s motion. We have a lot of unanswered questions.
Why do they need to check two-way communication of Tolybaeva with England and Switzerland?
Why do they need to interrogate Kiyasov’s brother who invited everybody, fed them and give them his own car?
Why do they need to interrogate the third founder of restaurant “Hedonist” Dimash Izbasar who didn’t show up in court because he dislocated his shoulder? (Hedonist is a place where Denis was before he was killed).
Why do they need to interrogate Saduov, from whom Kudaibergenov was demanding $5000 right after what happened?
Why do they need to make a fuss because of rogue policemen, who sent patrolmen to a different direction so they couldn’t catch the perpetrators?
After all, why does the judge need all these problems?
Hushed up, he thinks that everything’s going to die down and aggrieved party is going to let it go.
January 16th in the court Tolybaeva said that in December some people had come to her to remand centre. She told that they had threatened her. Again, someone familiar usually threatens and only those who know too much or who can compromise those people about whom person just mustn't tell about.
Tolybaeva isn’t that person she seems to be.
Zhanar Tolybaeva who’s 7 months pregnant in the dock.
During her first interrogation, she pointed out that she met with Kudaibergenov a few days before the incident but in court, Zhanar was trying to deny all charges and articles saying she saw or know nothing.
Aggrieved party answered that even if she didn’t know, there’s an article 434 Criminal Code of Republic of Kazakhstan, which punished the misprision about well-known preparing or committed crime. Moreover, criminal responsibility for the above-mentioned crime was expanded by the new Criminal Code of Republic of Kazakhstan. Whereas previously the maximum punishment for misprision about the crime was 1 year restriction of freedom. It’s now a maximum punishment is 6 years restriction of freedom and it includes serious crimes accordingly.
During the investigation in the court for which her lawyer asked one more day (despite they had 5,5 months for preparing!!), she suddenly said that she knew Kudaibergenov for a long time and they’re going to get married. According to the Constitution of Republic of Kazakhstan and criminal law people who hide their husband or wife or close relative that committed a crime are not subjects to criminal responsibility.
January 16th 2019 prosecutor asked for Tolybaeva 4 years restriction of freedom according to the article about misprision. 4 years instead of 6 years because of mitigating factors such as pregnancy and existence of a minor child.
In accordance with the cell phone records accused called each other since July 16th. Denis’ mother said, “everything points to the fact that this trinity like the army has met July 16th and before that they didn’t know each other. Cell phone records prove that acquaintance Tolybaeva with Kudaibergenov happened on the eve. They started to communicate more often a day before the tragedy of July 18th. Maybe they had another phone numbers and it’s possible that they were communicating using them. But those phone numbers which they showed to interrogators officers did not have their common calls.”
Zhanar Tolybaeva is a teacher from Korday village. She has a car and expensive phones such as iPhone and Samsung. She can speak Russian, Kazakh and English. According to cell phone records that were closely reviewed by Denis’ family she has communication with foreigners structures which also had a connection with Denis’ circle. In the court, Tolybaeva said that she called only to Uzbekistan and Kyrgyzstan. Such calls weren’t found at any of the two her phone numbers.
Denis’ family asked to punish her accordingly to article 188, part 2, paragraph 1 for group stealing by preliminary conspiracy. Since there's new information probably she was head of the gang they also asked to add charge under article 99, part 2, paragraph 8 that is the murder from mercenary motivations involving robbery.
(I’m sorry for possible mistakes as I said my English isn’t good enough. But I hope you can understand the point.)
I was so disappointed by the court’s verdict because I thought results will be worse for them cos they killed Denis Ten who was a real hero of his motherland. They grab his life and got this. Moreover, I’m really disappointed by the police and court again. I thought only russian courts is meaningless but no. This is so unfair! Still can’t believe that Denis isn’t alive anymore.
I’d like to wish his family to be strong. Hope they will achieve what they want. But you know nothing could bring Denis back.
(ig cr.: denisten_official)
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