Case Law Database

Drug offences

Offences

• Purchase/ possession
• Distribution/ delivery/ dispatch/ transport

Substances Involved

• Marijuana

Participation in an organized criminal group

Offences

• Agreement to commit a serious crime (conspiracy)
• Participation in criminal activities of organized criminal group
• Organizing, directing, aiding, abetting, facilitating or counselling the commission of a crime involving an organized criminal group

Degree of Involvement

• Overt act in furtherance of agreement

Kyrgyzstan v Saparbekov, Kurmanaliev, Karkeev, Medet

Fact Summary

The following case describes an organized criminal group following the informal group model of the underground criminal system in prisons in the Soviet Union called an "obshak". It is important to note that such criminal groups still exist in many countries of the former Soviet Union and their prison systems. They follow a very rigorous hierarchical structure and code of ethics, which allows them to gather large amounts of financing and undertake criminal activities from prison itself, including regular contact with the outside world and oversight of those criminal activities. Typically, the common crimes of such groups in prison range from extortion, to drug and arms trafficking offences, to murder.

Defendant Karkeev was caught when illegally transferring a large amount of marijuana (810 grams) to an inmate of a prison, and was charged subsequently on the counts of illegal acquisition, storage, transport, transfer with the intention for distribution of illegal narcotic substances. Once in prison, Karkeev formed an organized criminal group with the other defendants Saparbekov, Kurmanaliev and Medet. They formed an "obshak", which was also under the structures of the notorious criminal leader and "vor v zakone" K. Kolbaev ("thief in law" - a hierarchical title given to a leader of a large criminal group in the prison system of the former Soviet Union, similar to the "capo" or "godfather" in the Mafia). Defendant Saparbekov, under the guise of "vor v zakone" K. Kolbaev, formed the group that included the defendants of this case in the prison they were staying, and acted as their leader with the criminal rank of "polozhenets" ("appointee").

During their stay in prison, the defendants collaborated in an organized manner to extort finances of the two victims, and their families, using force. In many cases, the members of the criminal organized group could move almost freely throughout prison and enjoyed a more privileged status among prison staff. Typically, when a new inmate arrives at the prison, as is the case with both victims here, one of the younger members of the group (mostly defendant Medet) visits the new inmate in his cell and interrogates him about his crimes and sentence. Depending on the length and height of the fine to be payed by the new inmate, the organized criminal group demands a certain amount to be payed in to the criminal common "kassa" (a normal practice among such groups: the sharing of finances in one single account for which "everyone" has to contribute to). Should the victim disagree or fail to pay the often frivolous amounts, he is severely beaten and often threatened with murder with impunity.

Judgment:
The defendants were charged and given prison sentences (added to the already-serving prison sentence) under Article 231 (organization of a criminal community/organization), Article 247 (illegal making, acquisition, storage, transportation, sending of narcotic drugs, psychotropic substances or precursors for the purpose of sale or sale thereof), and Article 170 (extortion) of the Criminal Code of the Kyrgyz Republic.

The charges were appealed by the defendants' court representatives on the grounds of lack of evidence. However, the Supreme Court rejected the appeal.

Full articles charged:
Defendant Saparbekov: Article 231, Part 2; Article 170, Part 2, p. 1, 2.
Defendant Kurmanaliev: Article 231, Part 2; Article 170, Part 2, p. 2.
Defendant Karkeev: Article 247, Part 1, 2, p. 1, Part 3, p. 4; Artcile 231, Part 2; Article 170, Part 2, p. 1, 2.
Defendant Medet: Article 231, Part 2; Article 170, Part 2, p. 1, 2.

Sentence Date:
2014-04-07

Cross-Cutting Issues

Liability

... for

• completed offence

... based on

• criminal intention

... as involves

• principal offender(s)
• organiser/director

Offending

Details

• involved an organized criminal group (Article 2(a) CTOC)

Procedural Information

Legal System:
Civil Law
Latest Court Ruling:
Supreme Court
Type of Proceeding:
Criminal
 
 
Proceeding #1:
  • Stage:
    first trial
  • Court

    • Criminal

    Outcome

  • Verdict:
    Guilty
  • Sentences

    Sentence

    Term of Imprisonment:
    9 years 11 Months
     

    Sentence for defendant Saparbekov.

    Sentence

    Term of Imprisonment:
    6 years
     

    Sentence for defendant Kurmanaliev.

    Sentence

    Term of Imprisonment:
    5 years 10 Months
     

    Sentence for defendant Karkeev.

    Sentence

    Term of Imprisonment:
    6 years 4 Months
     

    Sentence for defendant Medet.

    Proceeding #2:
  • Stage:
    appeal
  • Court

    • Criminal

    Outcome

  • Verdict:
    Withdrawn
  • Victims / Plaintiffs in the first instance

    Victim:
    S. B.
    Gender:
    Male
    Victim:
    P. B.
    Gender:
    Male

    Defendants / Respondents in the first instance

    Defendant:
    Damir Toktomambetovich Saparbekov
    Gender:
    Male
    Born:
    1979
    Defendant:
    Nurgazy Zhanybekovich Kurmanaliev
    Gender:
    Male
    Born:
    1989
    Defendant:
    Maksat Ryskulbekovich Karkeev
    Gender:
    Male
    Born:
    1989
    Defendant:
    Meder uulu Medet
    Gender:
    Male
    Born:
    1990

    Charges / Claims / Decisions

    Defendant:
    Damir Toktomambetovich Saparbekov
    Charge details:

    Damir Toktomambetovich Saparbekov was charged under Article 231 (organization of a criminal community/organization), Article 247 (illegal making, acquisition, storage, transportation, sending of narcotic drugs, psychotropic substances or precursors for the purpose of sale or sale thereof), and Article 170 (extortion) of the Criminal Code of the Kyrgyz Republic.

    Defendant:
    Nurgazy Zhanybekovich Kurmanaliev
    Charge details:

    Nurgazy Zhanybekovich Kurmanaliev faced the same charges as Damir Toktomambetovich Saparbekov.

    Defendant:
    Maksat Ryskulbekovich Karkeev
    Charge details:

    Maksat Ryskulbekovich Karkeev faced the same charges as the other co-accuseds.

    Defendant:
    Meder uulu Medet
    Charge details:

    Meder uulu Medet faced the same charges as the other co-accuseds.

    Court

    Supreme Court of the Republic of Kyrgyzstan

    Attachments