According to documents available in the State Register of Judicial Acts, one of the convicted individuals was also charged with distributing materials from the extremist organization "Hizb ut-Tahrir al-Islami," which is banned in Kyrgyzstan.
The case traces back to 2021, when M.M.A., M.M.S., and their accomplice M.U. (who is currently wanted) devised a plan to steal someone else's property using deception and 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. suffered losses amounting to $437,200 (approximately 36.9 million soms), while another victim, M.S., lost $364,000 (around 30.7 million soms). The total amount of transfers was $801,200, and this money has not been returned to date.
Additionally, electronic books and materials deemed extremist were found on M.M.A.'s phone, which he distributed via messenger. A forensic examination confirmed their extremist nature.
The First May 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 confiscation. Both defendants were also deprived of the right to engage in economic activities for a certain period.
The victims, I.R. and M.S., filed appeals with the Bishkek City Court, demanding harsher penalties and full compensation for damages, citing the large scale of the theft and the inadequacy of the punishment.
On the other hand, the convicted individuals and their defenders insisted on their innocence regarding the fraud, claiming that their intention was to help the victim contact M.U., and that they themselves became victims of extortion by I.R.
According to them, the promissory notes for the return of money were written under duress during illegal detention in one of the houses in the Aksy district of the Jalal-Abad region.
At the appellate hearing, M.M.A. confirmed his testimony and added that the victim I.R. met M.U. in Russia, but the defendants were not acquainted with him. M.M.A. and M.M.S. worked with M.U. in the construction sector, while I.R. and M.U. previously had their own business relations. After a conflict between them, I.R. began demanding money from the defendants, claiming that "M.U. is your partner." As a result, he held them hostage and used physical violence to force them to sign promissory notes.
According to the defendant, they were held hostage for 15 and 28 days, respectively, during which time they called M.U. in St. Petersburg, informing him of their situation. These conversations were recorded on their phones and are now being used as evidence.
The defendant also claims that he has been held in custody on false charges for 1 year and 7 months. After relatives reached out, M.U. got in touch and confirmed receipt of the money. They were only released after the son offered to transfer the house they lived in, requesting the release of his father.
M.U. is currently wanted, and the investigation against him is ongoing.
At the trial, the second defendant M.M.S. also supported his previous testimony and added that he was unaware of the money transfer by I.R. and did not participate in negotiations between him and M.U. He claims that he was held hostage alongside M.M.A. and was also pressured to sign a promissory note.
The appellate panel, having reviewed all the case materials and heard the parties, concluded that the guilt of the convicted individuals was proven and left the verdict unchanged, including the recovery of damages from the convicted in favor of the victims.
