“The court's ruling No. 2 of the city of Semey of the East Kazakhstan region dated July 24, 2019 regarding Mukhtar Dzhakishev has been left unchanged,” said Mirkhat Kurmanov, judge of the appeals panel of the East Kazakhstan regional court.
The defense had challenged judge Kurmanov, however, the chairman of the judicial board Kairat Chakpantayev single-handedly refused the challenge. The lawyer Nurlan Beisekeyev pointed out that the decision on the challenge cannot be considered solely, but by all other members of the board except the challenged judge.
“I want to express my distrust to the whole composition of the East Kazakhstan," said Beisekeyev.
Prosecutor Yerzhan Atyrauanov, answering the judge’s question whether he agrees with the lawyer's request, said it was the first time he heard “there was a challenge to the entire composition of the court of the East Kazakhstan region”.
“In connection with such a statement by the prosecutor, it is not clear to me what function the prosecutor performs here, as a surveillance body for observance of the rule of law,” Beisekeyev said.
When the defence lawyer attempted to make a number of objections, the judge accused him of “delaying” the process, and to the Beisekeyev’s arguments that he was trying to defend his client, judge Kurmanov said that he made a remark to him and refused to challenge the entire composition of the court. When the lawyer tried to object to the refusal to challenge the entire composition of the court, Kurmanov forbade him to do so. Then the defense lawyer asked the court to postpone the hearing of the case and take a break due to the fact that the working day was officially completed. The judge also rejected stating that “other cases” were planned in court on September 11.
Photo source: picture from an open source