The court violated the requirements of 6 articles of the Criminal Procedural Code while considering the appeal of the former chief infectious disease specialist of the Tashkent region, Guljahon Yuldasheva. The Supreme Court came to this conclusion and sent the case for reconsideration.
On August 15, 2022, the criminal trial panel of the Supreme Court of Uzbekistan of the cassation instance considered the criminal case against Guljahon Yuldasheva and others, the former chief infectious disease specialist of the Tashkent region, in an open court session, Kun.uz correspondent reported.
On April 5, 2021, the verdict was announced against Guljahon Yuldasheva and others in the Chirchik city court on criminal proceedings. In accordance with this sentence, Yuldasheva was found guilty under 3 Articles of the Criminal Code and sentenced to 4 years of imprisonment and 3 years of deprivation of the right to work in the executive position.
According to the decision of the appellate instance of the judicial panel of the Tashkent regional court on November 23, 2021, the sentence was partially changed, and the term of imprisonment was reduced to 2 years, 8 months and 10 days.
According to the decision of the Supreme Court of Cassation, the court of appeals considering the case:
• violated the requirements established in Articles 22, 23, 95, 112, 464, 467 of the Criminal Procedural Code, that is -
• did not follow the principles of establishing the truth, the presumption of innocence, and the grounds for issuing an indictment;
• did not check all possible circumstances of the commission of a crime;
• did not evaluate the testimony of the defendant, victims and witnesses, as well as each piece of evidence from the point of view of relevance, acceptability and reliability.
Due to this and a number of other reasons, the part of the decision of the court of appeal concerning Guljahon Yuldasheva, Jahongir Ziyodullayev, Alisher Dadamatov and Janar Akimov was canceled by the decision of the Supreme Court cassation instance of the trial panel on criminal cases.
This part of the criminal case was re-sent to the court of appeal.
It should be recalled that on September 8, 2020, Guljahon Yuldasheva, the chief infectious disease specialist of the Tashkent region, was charged with causing the death of a person from COVID-19 and embezzling 250 million soums.
Shortly before her arrest, she contacted Kun.uz complained that the hospital was not being allocated equipment and the promised reward money was not being paid.
Later, she was released from prison in early October, and the detention measure imposed on her was changed to house arrest by court order. On November 27, 2020, a criminal case against her and 4 other persons was heard in the Chirchik city court on criminal proceedings.
The trial lasted more than 4 months, and on April 5, 2021, the preliminary verdict against Guljahon Yuldasheva and others was announced.
