Rape victim on Talgo train: Law enforcement bodies work only after noise

Almaty. January 5. KazTAG -  Sholpan Yeleusizova. The rape victim in a passenger compartment of Talgo train is preparing new lawsuits. A new verdict on the high-profile case was announced last week, and the next day, the Senate of Kazakhstan passed a bill to toughen penalties for crimes against sexual immunity. It also concerns part 2 of Article 121 (Violent sexual acts by a person on duty) of the Criminal Code. Without exaggeration, we can say that it appeared thanks to the courage of the victim in the case, thanks to her determination to go to the end. The woman-  resident of Aktobe told KazTAG how she paved the way to the victory.

- According to the first verdict, which was announced in July, the conductors were sentenced to 2.5 years in prison, but then they were sentenced to five years each. Are you satisfied with the new court decision?

- Five years, of course, a considerable period, but aggravating circumstances must be taken into account: they were at their workplace, Zhetes Umbetaliyev used the conductor's key to get into my compartment. This fact was not in the indictment. On the other hand, at that time the prosecutor’s office did not have legal instruments to add this as an aggravating fact. Now, if President Tokayev signs the bill, they will pay attention to such details. And rapists will be sentenced to 9 to 12 years if they commit the crimes at the workplace. I think that the transport prosecutor’s office was very loyal to the employees of “Kazakhstan Temir Zholy”. The case was returned for further investigation only due to my complaints, which I wrote to all state bodies, the prosecutor general’s office, the transport prosecutor’s office, the Ministry of Internal Affairs, I went to the capital, and insisted that my rights were violated. These two criminals will serve their five years and come out, but what about the victim? Life is emotionally broken after this!

- When the pre-trial investigation had just begun, the investigator leaked your personal data, gave the relatives of the conductors the address and telephone number of your parents, are you going to complain about it?

- Yes, I will raise the question about the investigator, and about the prosecutor’s office, which conducted the investigation so carelessly, and about the professional competence of the first judge. I will also sue two train attendants who acted as witnesses and gave false testimonies. They deliberately misled the investigation and the court, slandered me, they said allegedly I was drinking alcohol with the first train attendant (Umbetaliyev - KazTAG). When one of these witnesses was asked to describe me, he got confused, said that I was wearing glasses with diopters. But I never had any vision problems and did not wear glasses, and there is a certificate from an ophthalmologist. In general, lies poured from their lips, so I will file a lawsuit for defamation. In addition, I have already filed a libel suit against the wife of Zhetes Umbetaliyev and the father of Kolkanat Kurmaniyazov. I am not going to leave anything for God's judgment. I believe in him, but I believe that I can legally substantiate and prove my claims, and I will do it. My fight is not over yet.

- Did the representatives of the national carrier come to you personally after the court found Umbetaliyev and Kurmaniyazov guilty?

- The first deputy chairman of KTZ apologized, but this happened under pressure from the public. It was said that they cannot be responsible for each of their train attendants ... In fact, the national carrier in this situation showed that its top management is very weak. They did not fully realize the enormity of what had happened. Imagine if a similar situation occurred in Europe? Top executives would be punished there! And in our case, they quickly fired the train attendants and the head of the train. Someone got a severe reprimand, that's all.

- How do you assess the Aktobe region regarding crimes against sexual integrity?

- Last week, I spoke with an investigator in the Aktobe region, a respected person with the rank of a lieutenant colonel who has worked in the authorities for more than 20 years, he said that for all these years in my region I am the second person, who goes all the way. Dina Smailova from the NeMolchiKZ public foundation has statistics that in 2018,  there were  48 allegations of rape, of which only three reached the court, and only one case ended with a verdict, and then - the convict was given a suspended sentence! And when I wrote my statement, they did not take me seriously, like another victim, who will reconcile in a week and take the statement back.

- In the summer you took part in a round table on violence in Nur Sultan. In particular, thanks to that meeting, Kazakhstani officials finally drew attention to this problem ...

- You cannot imagine what this trip to Nur-Sultan cost me. I communicate with business circles, many people recognized me, despite glasses and a hat, many condemned me. This round table cost me too much. But I understood that I needed to do something. And then, in early September, the president announced in his message that there would be a toughening of the law on sexual immunity. So, it was not in vain!

- What can you recommend to people who have experienced rape?

-No one is given a cross that he cannot bear. The most important thing is to understand why this experience happened with, and never lower your head! I thank this situation because it has given me so much. It was a serious test, but I passed it. I realized who is who. A lot of people turned away from me, but at the same time, I received incredible help from those who supported me.

Photo source: azattyq