Dear Mister Alex Berd

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Alex Berd, Esq

Berd & Klauss, PLLC 44 Wall Street, 12th Floor New York, NY 10005 Tel: (212) 380-1291 Fax: (212) 461-7153 Skype: alex.berd Email: aberd@berdklauss.com Web: www.berdklauss.com

 

Dear Mister Alex Berd!

October 22, 2001, by the General Prosecutor of the Kyrgyz Republic was opened a criminal case No 150-01-63 against A.M. based on the Article 166 of the Criminal Code (fraud), which is for further investigation was sent to the financial police.

Reasons and grounds for instituting criminal proceedings of this was the statement of a citizen Derzhavets S.V.

About initiating of a criminal case M.A. only found out by accident in 2014, which was a 12 years later. Situating in the United States of America, A.M. appealed against that decision by submitting a complaint to the General Prosecutor, the Ombudsman, the speaker of parliament and other senior government authorities of the Kyrgyz Republic.

Currently, the criminal case No: 150-01-63 is in investigation of the State Service for Combating Economic Crimes under the Government of the Kyrgyz Republic, which confirmed this by issuing the relevant documents. Investigator was notified to the General Prosecutor of the Republic to quash the suspension of the investigation and the case is under review.

However, the defense considers unfounded criminal proceedings against M. A. what has made application to the investigating authorities to resume the suspended criminal proceedings and objective inquiry and legitimate decision.

While protecting believes that the criminal case against the M.A. filed on frivolous grounds, is devoid of evidential value of the soil, based on perjury and defamation applicant Sergei Derzhavets, no compelling evidence linking A.M. to commit unlawful acts, so corrupt officials of the General Prosecutor fabricated the whole thing. Investigator of General Prosecutor’s office of the Kyrgyz Republic in 2001 was carried out superficially a consequence, were not studied in detail the circumstances of the case, the arguments are not checked by M.A. that contradicts the basic principles of criminal procedure, such as: comprehensiveness, completeness, objectivity. It should be noted also that for 12 years the applicant Derzhavets was not interested in the criminal case data and did not apply to the investigating authorities to reopen an investigation.

In accordance with Paragraph 1 of Article 224 of the Criminal Procedure Code of the Kyrgyz Republic «suspend the investigation resumes motivated resolution of the investigator after transgressed grounds for suspension.» As the location of A.M. became known to the investigating authorities, and he  stated his address in the United States in complaint by himself, the investigator is obliged to take measures to revive the suspended investigation. Part 3 of Article 224 of the Criminal Procedure Code of the Kyrgyz Republic said: «On the resumption of the investigation reported to the accused and defense counsel«, but the defense has not yet been received procedural documents from the investigator.

With the resumption of the suspended case the investigation period shall be established by the prosecutor, that supervised the investigation for up to one month from the date of entry into his affairs, as spelled out in paragraph 4 of Article 166 of the Criminal Procedure Code of the Kyrgyz Republic. However, In accordance with forensic investigative practice, investigation period for the resumption of case in the future possible extension at the request of the investigator to carry out investigative actions in full.

After receiving notification from the investigator about reopening of the criminal case, defense intends to keep on monitoring the investigation of the case, to challenge the investigation and make extensive application to inspect all arguments of M.A. to conduct a complete, thorough and objective investigation until the end of criminal proceedings in connection with the absence of crime in his actions.

We will inform our customer, A.M. and Your Law Company about all changes by sending to your address all additional procedural documents, that we receive from investigation bodies of Kyrgyzstan.

Sadanbekov E.I.

Lawyer 19.09.2014        /signet/ /seal affixed/

 

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