Court in Nur-Sultan decides on WhatsApp ban
In a recent development, a specialized inter-regional military court in Nur-Sultan has found four individuals guilty of "Fraud", "Acquisition or Sale of Stolen Property", and "Tampering with Identification Numbers". The accused, Kasym Zhakanov, Aliyev, Akhynbayev, and Malovich, have been sentenced to imprisonment ranging from 5 to 10 years.
The case revolves around the transportation and sale of used Russian cars, with the accused helping buyers obtain documents in Kazakhstan. The prosecution presented an empty phone, reset to its factory settings, in court, which was said to be Zhakanov's. However, the defense has questioned the authenticity of the phone and the messages contained in the case files.
Lawyer Lazzat Jansetova, representing Zhakanov, has stated that the phone was seized illegally and has doubted the authenticity of the messages. The defendant himself insists that there was no such conversation in his phone, and the investigators fabricated evidence.
The WhatsApp correspondence, which was a key piece of evidence, was indeed captured from Zhakanov's phone. There is no verified information indicating that the court case material was fabricated with false evidence. The first instance court, however, does not provide further comments or arguments regarding the presented evidence.
The case was heard by a military court as one of the accused was a serviceman. The defense has filed an appeal against the verdict, and the defendant's mother has also contested the verdict based on the remote WhatsApp correspondence, stating it as absurd.
It's important to note that this case is separate from other recent legal proceedings in Kazakhstan. Seven individuals were convicted in 2021 for torture, including an employee of KUIS, and the Almaty Court has rejected 36 Kazakhstan citizens' lawsuit against Ashyq System. These cases are unrelated to the current trial.
As the legal process continues, the outcome of the appeal and further investigations will provide more clarity on the validity of the evidence presented and the guilt of the accused.
