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NAME OF THE CONSTITUTION OF THE KYRGYZ REPUBLIC

SOLUTION OF THE CONSTITUTIONAL COURT OF THE KYRGYZ REPUBLIC

of March 26, 2002

Constitutional court of the Kyrgyz Republic in structure: Chairman Bayekova Ch. T., vice-chairman Sutalinov A. A., judges Dryzhak P. N., Kayypova M. T., Kenensariyev A. S., Togoybayeva Zh. Zh., Esenaliyeva K. E. and Esenkanova K. E.,

with participation of the court session secretary Soodanbekov U. S.,

Having heard the report of the judge Esenaliyev K. E., speeches of the representative of the Attorney-General of the Kyrgyz Republic Abdiyev K. A., the former judge of the Osh city court Dzhamanchiyev J., having researched case papers, the Constitutional court of the Kyrgyz Republic

ESTABLISHED:

In the Constitutional court of the Kyrgyz Republic representation of the acting as the Attorney-General of the Kyrgyz Republic Pugacheva G. A. arrived on November 21, 2001. about consent on criminal prosecution of the former judge of the Osh city court Dzhamanchiyev J.

The following arguments are given in this representation. The citizen Sabirov T. was condemned by sentence of the Osh city court of December 14, 1999 under the chairmanship of the judge of the Osh city court Dzhamanchiyev J. as regards 3rd article 246 of the Criminal code of the Kyrgyz Republic for illegal storage of drugs by 8 years of imprisonment with confiscation of property. The judge Dzhamanchiyev J. to the introduction of sentence in legal force, on December 24, 1999, without having held judicial session, without participation of the prosecutor, the lawyer and the court session secretary, the resolution on delay of execution of sentence concerning Sabirov T. released from custody before his recovery.

Also, the judge Dzhamanchiyev J. to the introduction of sentence in legal force, without having held judicial session, without participation of the prosecutor, the lawyer and the court session secretary, the resolution of January 4, 2000 on delay of execution of sentence released from custody before recovery of Rakhmanov A. sentenced by sentence of the Osh city court (judge Bagishev D.) of December 23, 1999 as regards the 2nd article 247 of the Criminal code of the Kyrgyz Republic to 13 years of imprisonment for sale of drugs.

Thus, Dzhamanchiyev J., working as the judge of the Osh city court, committed the crimes provided by Articles 304 parts 4, 315 and 328 parts of 1 Criminal code of the Kyrgyz Republic, his fault is completely confirmed with case papers.

In judicial session representative of the Attorney-General of the Kyrgyz Republic, his deputy Abdiyev K. A., having completely supported representation, asks to agree to criminal prosecution of Dzhamanchiyev J.

The former judge of the Osh city court Dzhamanchiyev J. does not plead guilty, does not agree with arguments of representation therefore he asks to leave representation without satisfaction.

Constitutional court of the Kyrgyz Republic, having discussed arguments of the parties and having researched case papers, considers that representation of the acting as the Attorney-General of the Kyrgyz Republic is subject to satisfaction on the following bases.

Apparently from the provided materials, the judge of the Osh city court Dzhamanchiyev J. sentence of December 14, 1999, having found guilty Sabirov T. on part three of article 246 of the Criminal code of the Kyrgyz Republic, having imprisoned him for 8 years, to the introduction of sentence in legal force, the resolution of December 24 of the same year on delay of execution of sentence concerning Sabirov T. released from custody before his recovery. The judge Dzhamanchiyev J. the resolution of January 4, 2000, having delayed execution of sentence of the Osh city court (judge Bagishev D.) of December 23, 1999 concerning Rakhmanov A. imprisoned by 13 years as regards the 2nd article 247 of the Criminal code of the Kyrgyz Republic released from custody before his recovery.

Assistant prosecutors of the city of Osh Zhalalova M. and Alymkulov Zh. brought submission to the Supreme Court of the Kyrgyz Republic about cancellation of the called court decrees, having specified that materials about delay of execution of sentence concerning convicts Sabirov T. and Rakhmanov A. in judicial sessions were not considered, the judge Dzhamanchiyev J. in violation of the law, without their participation in judicial session, having accepted these resolutions, unreasonably released from custody.

The resolution of the Supreme Court of the Kyrgyz Republic of May 17, 2000 satisfies representation of the assistant prosecutor of the city of Osh Alymkulov Zh., the resolution of the Osh city court of January 4, 2000 about delay of sentence concerning Rakhmanov A. is repealed and materials are sent for new trial in the same court.

The resolution of the Supreme Court of the Kyrgyz Republic of June 27, 2000 satisfies representation of the assistant prosecutor of the city of Osh Zhalalova M., the resolution of the Osh city court of December 24, 2000 about delay of execution of sentence concerning Sabirov T. is repealed, materials are sent for new trial in the same court.

Because the judge of the Osh city court Dzhamanchiyev J. by consideration of materials concerning Sabirov T., having violated requirements of Articles 362, of 364, 367 Codes of penal procedure of the Kyrgyz Republic, counterfeited official court documents, the Supreme Court of the Kyrgyz Republic accepted on November 27, 2000 private determination and sent for acceptance of adequate measures to the Chairman of the Supreme Court of the Kyrgyz Republic, the Attorney-General of the Kyrgyz Republic and Judicial council of the Kyrgyz Republic. Based on this determination the Attorney-General of the Kyrgyz Republic on August 15, 2000, having brought criminal case concerning Dzhamanchiyev J., charged carrying out investigative actions to investigative department of the Attorney-General of the Kyrgyz Republic.

In case of initiation of legal proceedings of the requirement of the law providing features of initiation of legal proceedings concerning the judge are not broken. Apparently from case papers, violations of the law which would form the basis for refusal in consent on criminal prosecution of Dzhamanchiyev J. it is not allowed.

DECIDED:

1. Agree to criminal prosecution of the former judge of the Osh city court Dzhamanchiyev Dzhenishbek.

Satisfy representation of the acting as the Attorney-General of the Kyrgyz Republic.

2. The final decision, is not subject to appeal. Surely to execution by all state bodies, officials and citizens.

3. The decision to publish in "Sheets of Jogorku Kenesh of the Kyrgyz Republic", newspapers: "Tuusu's Kyrgyz", "Word of Kyrgyzstan" and "Erkin Too".

 

Chairman

Constitutional court

Kyrgyz Republic

 

 

Bayekova Ch. T.

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