Captain wrongly convicted 15 years ago acquitted

Captain Kamoliddin Mukhtorov, who was wrongly convicted 15 years ago under Article 287 of the Criminal Code of Uzbekistan (arbitrary desertion of a military unit or place of service), has been acquitted. This was announced by the press service of the Supreme Court.

According to the report, the case of Kamoliddin Mukhtorov, who was convicted on unfounded charges in 2010, was reconsidered in an open court session by the judicial panel of the investigative instance of the Military Court of the Republic of Uzbekistan, chaired by Judge Akmal Jankobilov.

The judicial panel annulled the verdict issued by the Military Court of the South-Western Special Military District on January 22, 2010, as well as the ruling of the appellate instance of the Military Court dated October 18, 2021. As no criminal act was determined to have taken place, Mukhtorov was declared innocent. In accordance with Article 83 of the Criminal Procedure Code (Grounds for Accusation and Sentencing), he was rehabilitated and fully acquitted.

What injustice did Captain Kamoliddin Mukhtorov face?

In 2009, during the cotton harvest season in the Syrdarya region, the military unit in which Mukhtorov served was mobilized to assist. At the time, Mukhtorov’s wedding was scheduled for November 21. Due to delays in the harvest, the wedding conflicted with the unit's schedule. Two days prior to the ceremony, Mukhtorov, who was head of the fuel and lubricants service of the unit, returned to his post and submitted a written vacation request.

Deputy commander for supply, I. Abdumo'minov (name changed), and S. Ibrahimov approved and signed the leave request. Mukhtorov then went to unit commander A. Baratov to receive final approval. Baratov, in a hurry to attend a district meeting, told Mukhtorov:

"Congratulations. I'm in a hurry to the district meeting, leave the sign on my desk."

He also informed the head of the line department, S. Ibrohimov, and his subordinate, F. Dadabaev, head of the fuel-lubricant warehouse, about his leave. He instructed Dadabaev to accompany the team to the wedding and to call him if needed. Mukhtorov then returned home on November 20.

The wedding was held the following day. No one from the unit contacted him during this period. Dadabaev made official calls, but did not disclose that Mukhtorov was being questioned. Upon returning to duty after his leave, Mukhtorov discovered that no formal service leave order had been issued. Consequently, the military prosecutor’s office charged him with unauthorized abandonment of his post.

By the verdict of January 22, 2010, issued by the Military Court of the South-Western Special Military District, Mukhtorov was sentenced under Articles 287 (Arbitrary desertion of a military unit or place of service) and 57 (Imposition of a more lenient sentence) of the Criminal Code. The court imposed two years of service restriction, during which 20 percent of his salary was to be deducted and transferred to the state budget.

Despite this, Mukhtorov continued to serve for two more years. However, when the time came to renew his contract, the existing criminal record led to his dismissal from service.

The court of inspection later ruled in favor of Mukhtorov, emphasizing the principle enshrined in Article 9 of the Criminal Code (Principle of responsibility for guilt), which states that a person may be held criminally liable only for acts deemed socially dangerous, provided their guilt is legally proven.