According to information from the State Register of Judicial Acts, one of the convicted individuals was also charged with distributing materials related to the extremist organization "Hizb ut-Tahrir al-Islami," which is banned in Kyrgyzstan.
The case materials indicate that in 2021, M.M.A., M.M.S., and their accomplice M.U. (currently wanted) conspired to steal money through deception and abuse of trust. They convinced the victim I.R. to transfer significant amounts in dollars to M.U.'s electronic wallet under the pretext of exchanging for Chinese yuan with a promise of profit. As a result, I.R. incurred losses amounting to $437,200 (approximately 36.9 million soms), while the second victim, M.S., lost $364,000 (about 30.7 million soms). The total amount of transfers was $801,200, which has not yet been returned.
Additionally, electronic books and materials recognized by the expertise as belonging to the banned organization "Hizb ut-Tahrir al-Islami" were found on M.M.A.'s phone. The forensic examination confirmed the extremist nature of these materials.
The First Mai District Court sentenced M.M.A. to 5 years and 6 months of imprisonment with confiscation of property, while M.M.S. received a 5-year prison sentence with a similar measure. Both convicts were deprived of the right to engage in economic activities for a specified period.
The victims I.R. and M.S. appealed to the Bishkek City Court, demanding stricter punishment and full compensation for damages, citing the large scale of the theft and the insufficient severity of the sentence.
The convicts, in turn, and their defenders declared their innocence in the fraud, claiming that they were only trying to help I.R. contact M.U. and had themselves become victims of extortion by him.
According to them, the promissory notes for the return of the money were written under duress during their illegal detention in one of the houses in the Aksy District of the Jalal-Abad region.
Statement of the first defendant
At the hearing in the appellate court, M.M.A. confirmed his previous testimony and added that the victim I.R. had traveled to Russia, where he met M.U., but the defendants were not acquainted with him. According to M.M.A., they worked with M.U. in the construction sector, while I.R. and M.U. were engaged in currency operations and had conflicts with each other.
Unable to recover the money, I.R. began demanding it from M.M.A. and M.M.S., asserting that "M.U. is your partner," after which he held them hostage, using physical violence to force them to write a promissory note.
According to the defendant, they were held hostage for 15 and 28 days, respectively. During this time, they contacted M.U., who was in St. Petersburg, and told him that they were hostages because of him. This was recorded on the phone as evidence.
Moreover, they were forced to write promissory notes for the return of the money, with the date on the note being incorrectly indicated, as it was dated earlier.
The defendant also claims that the victim I.R. hired a group of people who brought him to Bishkek, where he was forced to write a promissory note in a teahouse, after which he was taken back to Aksy.
A criminal case has been initiated in this matter, and I.R. along with several other individuals have been held accountable for illegal deprivation of liberty. Currently, I.R. has been convicted and is under probation.
M.M.A. claims that he has been in custody for 1 year and 7 months on false charges. After T.A.'s appeal, M.U. got in touch and acknowledged receiving the money. The victims were only released after the son offered to transfer to them the house in which they lived.
M.U. is currently wanted, and the defendant requests his acquittal. Regarding the charge of distributing extremist materials, M.M.A. admits guilt, explaining that he was unaware of the prohibition on their distribution.
Statement of the second defendant
At the appellate court session, M.M.S. confirmed his previous testimony and added that I.R. had also previously traveled to Russia, where he met M.U., but the defendant did not introduce him to M.U. He collaborated with M.U. in the construction field, while I.R. and M.U. worked independently.
According to M.M.S., I.R., unable to recover the money transferred to M.U., began demanding it from the defendants, stating that "M.U. is your partner." He did not participate in negotiations and did not act as a guarantor, and I.R. directly transferred money to M.U. in St. Petersburg. He was also unaware of the transfers made by I.R.
M.M.S. also claims that he has been in custody for 1 year and 7 months on false charges. He contacted A.'s relatives at a press conference, after which M.U. acknowledged receiving the money.
M.M.S. asserts that the promissory note referenced by the victims was obtained as a result of their illegal detention and the use of violence.
I.R., having hired unknown individuals, held both defendants hostage: one was held for 15 days, and the other for 28. During this time, they also called M.U., who was in St. Petersburg, and said, "Return the money, we are hostages because of you." These words were recorded and serve as evidence.
Moreover, the promissory note had an incorrect date.
According to the defendant, after promising to transfer a house in Uzbekistan, one of the hostages was released after 15 days, but the house was never transferred. A statement was submitted to the GKNB demanding that the return of funds be made by the person who received them.
A criminal case has been initiated regarding the hostage-taking, and I.R. along with several other individuals have been convicted. Currently, I.R. is under probation, and M.U. is wanted.
Based on the above, the defendants request their acquittal.
After reviewing the case materials and hearing the parties, the appellate panel concluded that the guilt of the convicted individuals was proven and left the sentence unchanged. The recovery of damages from the convicts in favor of the victims also remained unchanged.
M.U. has been declared wanted, and the investigation continues.
