Names have been changed. The defendants were Bolot, Bakhtiyar, and Rasul. The case materials indicate that Bolot, together with J. A., developed a scheme for the illegal importation of drugs into Kyrgyzstan. Bakhtiyar and Rasul, as well as unidentified individuals outside the country, participated in the implementation of their plan, organizing the shipment of goods along the route Turkey - Uzbekistan, and then through Kyrgyz customs.
According to the agreements reached, Bolot and J. A. were to ensure the importation of poppy plant seeds, packed in plastic bags, for subsequent shipment outside the country. Bakhtiyar and Rasul were responsible for carrying out these tasks.
In October 2023, a shipment labeled as "dry food" was sent from Turkey to Kyrgyzstan, consisting of 990 bags with a total weight of 24,680 kg. Before its arrival, Bolot and a representative of the LLC "B. T." coordinated the customs clearance. The shipping documents indicated the product as "food poppy" in the same volume and weight, amounting to $6,170.
After passing through customs, the transportation of the cargo through Kazakhstan was planned. However, during an inspection, officers from the Drug Control Agency and the State National Security Committee discovered loose poppy mixed with plant straw of unknown origin in the bags.
It turned out that a similar shipment had also been sent to Uzbekistan in the summer of 2023. An examination confirmed that 8,500.88 kg of this cargo was a narcotic substance - poppy straw. The recipient K. S. K. stated during interrogation that he arranged the deliveries at Bolot's request and received monetary compensation for it. Similar testimony was given by R. R., who acted as a representative during the customs clearance.
According to the verdict of the Pervomaisky District Court of Bishkek:
- Bolot was found guilty under paragraph 4 of part 2 of article 285 "Smuggling of items subject to special rules for movement across the customs border of the Kyrgyz Republic" and paragraph 2 of part 2 of article 282 "Illegal manufacturing of narcotic substances." He was sentenced to 11 years in prison with confiscation of property and a ban on engaging in economic activities for up to three years.
- Bakhtiyar was also found guilty under the same articles and received a similar sentence.
- Rasul, also convicted, was sentenced to 11 years in prison, with confiscation of property and a ban on engaging in economic activities. After serving his sentence, he will be deported from the country, as he is a citizen of Kazakhstan.
The prosecutor of the Bishkek Prosecutor's Office, disagreeing with the decision, filed a cassation appeal, stating that the charges concerned other articles as well, but the courts found the men not guilty on those counts despite the evidence available.
The lawyers of the convicted insisted in their cassation appeals on the annulment of the sentences of both instances and the acquittal of their clients, pointing to the lack of confirmation of the charges during the court proceedings and the superficial examination of the case leaning towards the prosecution.
However, after reviewing the arguments of the cassation appeal and hearing the opinions of the parties, the judicial panel of the Supreme Court concluded that the courts of the first and appellate instances reasonably found the men guilty of smuggling and illegal manufacturing of drugs.
The cassation appeal of the prosecutor and the complaints of the lawyers were not satisfied.
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