According to the case materials available in the State Register of Judicial Acts, Anvar [name changed A.F.T.] was accused of illegal actions during the pre-trial proceedings. He, possessing all the conditions to perform his official duties as a junior inspector of the 5th platoon of the 4th company of the Patrol Police of the Bishkek City Department of Internal Affairs, failed to ensure compliance with the norms established by law and the orders of the Ministry of Internal Affairs, which led to the abuse of his official powers.
The investigation established that Anvar, while performing duties to maintain public order in the Issyk-Kul region, along with his colleague A.A., drove in a service vehicle to the village of Korumdu, where he stopped near a 2019 "Mercedes-Benz G63 AMG" vehicle.
Anvar approached the vehicle, where the passenger M.A.B. was located, and, knowing about his intoxicated state, ordered him to get behind the wheel and leave the village. This became part of his criminal plan to stage an offense.
After M.A.B. drove off in a western direction, Anvar, using the service vehicle, followed him with the emergency lights and siren activated. He stopped M.A.B.'s vehicle using a loudspeaker.
The investigative authorities concluded that Anvar staged the offense and, together with A.A., took the car to the impound lot in Cholpon-Ata, and M.A.B. for a medical examination. Despite M.A.B. agreeing to undergo an alcohol test, Anvar signed a refusal to be examined.
Anvar also drew up a report on the offense regarding the refusal to undergo an examination for intoxication, which was later dismissed by the court due to the absence of an offense.
The investigation believes that Anvar's actions caused significant harm to M.A.B., violating his constitutional rights, in particular, the right to freedom of movement enshrined in Article 31 of the Constitution.
The prosecution qualified Anvar's actions as a crime under Article 337 part 2 of the Criminal Code, related to the use of official position for personal gain.
At the court hearing, Anvar did not admit his guilt, stating that he acted within his powers after receiving a report about a driver in a state of intoxication. He claimed that M.A.B. offered a bribe to avoid action, and therefore he brought him in for clarification.
The victim M.A.B. explained in court that he was stopped by the Patrol Police officers, including Anvar, who demanded that he get behind the wheel and drive a little, after which he was detained.
M.A.B. insisted that the offense was staged and that the report was drawn up without legal grounds. The court dismissed the case due to the absence of an offense, and the victim demanded that Anvar be found guilty.
Witness A.A. confirmed that they received information about a driver in a state of intoxication and went to the scene. He described how Anvar stopped the car and ordered the driver to get behind the wheel, after which they headed to the impound lot.
The witness added that the driver threatened them, and after lengthy negotiations, they were able to obtain documents from the driver. A medical examination confirmed the fact of intoxication, and Anvar drew up a report.
After reviewing the case, the Issyk-Kul District Court found Anvar guilty under Article 337 part 2 of the Criminal Code and imposed a fine of 500,000 soms in favor of the state.
An appeal against this verdict may be filed within 30 days from the date of its issuance.
