REQUEST TO AN EXPERT FOR A FORENSIC RELIGIOUS STUDIES EXAMINATION

To: Individual Entrepreneur “SOT SARAPTAMASY”

76 Abay Avenue, Office 519, Almaty

From: Attorney Galymzhan Turlybekovich Sarzhanov

IIN 850722301036

Law Firm “Zakon i Pravo”

BIN 201240021767

79 Abylai Khan Avenue, Office 304, Almaty

info@zakonpravo.kz / www.zakonpravo.kz

+7 708 578 57 58; +7 727 971 78 58

Acting in the interests of: Suspect Ea Sha Chamshedovich

IIN ....

Turkestan Region, Maktaaral District, Maktaaral Rural District, village ...

REQUEST

for a Forensic Religious Studies Examination

Pursuant to Article 272-1 of the Criminal Procedure Code of the Republic of Kazakhstan, I hereby request that you conduct a forensic religious studies examination in the city of Almaty on April 23, 2026.

Facts of the case: Department of Police of Maktaaral District of the Police Department of Turkestan Region is conducting criminal case No. 255143031000127 against Ea Sh.Ch. (hereinafter referred to as the “Suspect”) on the grounds of a criminal offense under Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan.

The suspicion that Ea Sh.Ch. committed the act provided for by Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan is based on text messages and video recordings seized during the investigation, which were sent by the Suspect to a group chat in the WhatsApp application and in respect of which a forensic religious studies examination was previously conducted. The conclusions of that examination do not contain comprehensive answers concerning my client.

At present, there is a need to conduct an examination because other participants of the WhatsApp group chat who had previously been prosecuted for a similar criminal offense were released from criminal liability following the withdrawal of the charges by the public prosecutor, based on the conclusions of a repeat commission examination appointed following the court's examination of forensic examinations submitted by both the prosecution and the defense.

At present, I have grounds to question whether the actions of Ea Sh.Ch. contain the elements of the criminal offense provided for by Part 1 of Article 174 of the Criminal Code of the Republic of Kazakhstan.

For the purpose of protecting the rights and legitimate interests of Ea Sha Chamshedovich, I request that a specialized religious studies examination be conducted of the text messages and video recordings of religious content provided in the following files:

1. Screenshot_20250313_115239_WhatsApp

2. Screenshot_20250313_133530_WhatsApp

3. Screenshot_20250313_133534_WhatsApp

4. VID-20250201-WA0068

5. VID-20250217-WA0070

The text messages contained in the files Screenshot_20250313_133530_WhatsApp and Screenshot_20250313_133534_WhatsApp constitute a single text message.

The above objects submitted for examination were obtained from the materials of the criminal case concerning B.M., E.A., F.G., S.T., and M.T. before the Maktaaral District Court of the Turkestan Region.

I request that the examination be entrusted to Dinara Raikhanovna Musina, a forensic expert of the Republican Chamber of Forensic Experts of the Republic of Kazakhstan, who holds a license to conduct forensic religious studies examinations.

The following questions shall be submitted for examination:

1) What religious movement or denomination do the ideas contained in the materials submitted for examination belong to?

2) Do the materials submitted for examination contain signs of religious hatred or religious discord by one religious group against another?

For the examination, I provide the following files:

Screenshot_20250313_115239_WhatsApp in JPG format

Screenshot_20250313_133530_WhatsApp in JPG format

Screenshot_20250313_133534_WhatsApp in JPG format

VID-20250201-WA0068 in MP4 format

VID-20250217-WA0070 in MP4 format

on a flash drive.

Attachment: a blue flash drive with a silver-colored metal rim ornament bearing the inscription “еЭЦП Электронно-цифровая подпись” (“Electronic Digital Signature”), together with a protection notification.

Respectfully,

Attorney: Galymzhan Turlybekovich Sarzhanov

April 23, 2026

Pursuant to the requirements of Article 272-1 of the Criminal Procedure Code of the Republic of Kazakhstan, prior to conducting the forensic religious studies examination, Expert D.R. Musina is informed of the rights and obligations provided for by Article 79 of the Criminal Procedure Code of the Republic of Kazakhstan:

Article 79. Expert

1. A person who is not interested in the case and possesses special scientific knowledge may be summoned as an expert. Other requirements applicable to a person to whom the conduct of an examination may be entrusted are established by Part 1 of Article 273 of this Code.

2. The summons of an expert, appointment and conduct of an examination shall be carried out in accordance with the procedure provided for by Chapter 35, as well as Article 373 of this Code.

3. The expert shall have the right to:

1) familiarize themselves with the materials (case materials) relating to the subject matter of the examination;

2) submit motions for the provision of additional materials necessary for issuing an opinion, as well as for taking security measures;

3) with the permission of the body conducting the criminal proceedings, participate in procedural actions and court proceedings and ask persons participating therein questions relating to the subject matter of the examination;

4) familiarize themselves with the record of the procedural action in which they participated, as well as, in the relevant part, with the minutes of the court hearing, and make comments to be entered into the records concerning the completeness and correctness of the recording of their actions and statements;

5) upon agreement with the body that appointed the examination, within the scope of their competence, issue an opinion on circumstances identified in the course of the forensic examination that are relevant to the case and go beyond the scope of the questions contained in the decision appointing the forensic examination;

6) submit an opinion and give testimony in their native language or in a language they speak; use the free assistance of an interpreter; challenge an interpreter;

7) appeal decisions and actions of the body conducting the criminal proceedings and other persons participating in the proceedings that infringe upon their rights in the course of the examination;

8) receive reimbursement for expenses incurred in conducting the examination and remuneration for the work performed if conducting the forensic examination does not fall within the scope of their official duties.

4. The expert shall not have the right to:

1) conduct negotiations with participants in the proceedings on matters related to the conduct of the examination without the knowledge of the body conducting the criminal proceedings;

2) independently collect materials for examination;

3) conduct examinations that may result in the complete or partial destruction of the objects or alteration of their appearance or principal properties unless specifically authorized by the body that appointed the examination.

5. The expert shall:

1) appear when summoned by the body conducting the criminal proceedings;

2) conduct a comprehensive, complete and objective examination of the objects submitted to them and provide a reasoned and objective written opinion on the questions submitted;

3) refuse to issue an opinion and prepare a reasoned written statement of the impossibility of issuing an opinion and submit it to the body conducting the criminal proceedings in the cases provided for by Article 284 of this Code;

4) give testimony on matters related to the examination conducted and the opinion issued;

5) ensure the preservation of the objects submitted for examination;

6) not disclose information concerning the circumstances of the case and other information that becomes known to them in connection with the conduct of the examination;

7) submit to the body that appointed the examination an estimate of expenses and a report on expenses incurred in connection with conducting the examination.

6. An expert shall bear criminal liability established by law for knowingly giving a false opinion.

7. An expert who is an employee of forensic examination bodies shall be deemed, by virtue of the nature of their duties, to be familiar with their rights and obligations and to have been warned of criminal liability for knowingly giving a false opinion.

My rights and obligations have been explained to me, and I have been warned of criminal liability for knowingly giving a false opinion.

Expert __________________________ D.R. Musina

My rights and obligations have been explained by:

Attorney __________________________ G.T. Sarzhanov

April 23, 2026

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