Driver who caused the deaths of two children in Yangiyul accident released after receiving correctional labor sentence

Judge Ulugbek Ibragimov handed down different verdicts in two similar traffic accident cases. The driver responsible for the death of two children received a sentence of correctional labor, while the driver responsible for one death was sentenced to imprisonment.

First case:

On November 11, 2024, the Yangiyul District Court heard the case of a driver involved in a traffic accident.

According to court documents, Rustamjon Mirzakhatamov, born in 1993, was a university graduate and worked as a dispatcher at the "One Cargo" LLC. On June 21, 2024, around 8:30 PM, while driving a Cobalt car on the M-34 "Tashkent-Dushanbe" road in the Yangiyul District, he lost control of the vehicle and struck five underage children who were standing at the roadside. As a result of the accident, 18-year-old O.Z. and 17-year-old A.Z. died in the intensive care unit at Yangiyul City Hospital. The remaining children sustained severe injuries.

The ruling stated that Rustamjon Mirzakhatamov had grossly violated five traffic regulations, including failing to adhere to speed limits. In court, he admitted his guilt and acknowledged not following the traffic rules. He stated that he had fully compensated the victims for both material and moral damages and expressed deep regret for the incident, asking the court for leniency.

The legal representatives of the victims, including the family members of the two deceased children, stated that they had no claims against the defendant, as he had apologized and compensated them for the damages.

In his ruling, the judge found Rustamjon Mirzakhatamov guilty under Article 266, Part 3, Paragraph “a” of the Criminal Code (violation of traffic safety rules resulting in deaths, punishable by up to 10 years in prison). The court sentenced him to three years of disqualification from driving and three years of correctional labor, with 20% of his monthly salary withheld for state revenue.

His pre-trial detention was canceled, and he was immediately released from custody in the courtroom.

Second case:

On November 18, 2024, the Yangiyul District Court heard the case of another driver who caused a death in a traffic accident.

According to the court's ruling, Islomjon Aliboev, born in 1997, had secondary vocational education and was temporarily unemployed. On June 23, 2024, at around 9:00 PM, he was driving a Nexia car on the M-39 "Tashkent-Termez" road in the Yangiyul District when the accident occurred.

Islomjon Aliboev, blinded by the headlights of an oncoming vehicle, continued driving without taking any precautionary measures and hit a pedestrian, K.I., who was crossing the road. As a result, K.I. sustained severe injuries and died at the scene.

The ruling mentioned that Islomjon Aliboev violated two traffic rules. In court, he fully admitted his guilt and acknowledged not following traffic regulations. He also stated that he had helped the victim’s relatives and promised to continue supporting them.

The legal representative of the victim, G.I., testified that K.I. was her husband and the sole breadwinner of the family. She requested leniency from the court since the defendant was a neighbor.

In his ruling, the judge found Islomjon Aliboev guilty under Article 266, Part 2 of the Criminal Code (violation of traffic safety rules resulting in death, punishable by up to 7 years in prison). The court sentenced him to two years of imprisonment, along with a two-year disqualification from driving.

Islomjon Aliboev's pre-trial detention was maintained.

Article 57 of the Criminal Code and the judge’s decision

The two defendants had similar backgrounds: both were unmarried and had no prior criminal records. The difference was that Rustamjon Mirzakhatamov was a university graduate with a job, while Islomjon Aliboev had secondary vocational education and was unemployed.

Both defendants fully admitted their guilt, acknowledged violating traffic rules, and had helped the victims. However, the judge applied Article 57 of the Criminal Code, which allows for lighter punishment in cases where there are mitigating factors, for Rustamjon Mirzakhatamov. Despite his violations of five traffic rules and the death of two children, he received a sentence of correctional labor. On the other hand, Islomjon Aliboev, who violated only two traffic rules and caused the death of one person, was sentenced to imprisonment without the application of Article 57.

Article 57 of the Criminal Code allows a judge to reduce the severity of punishment based on the circumstances of the crime, the defendant’s personal characteristics, the nature of the crime, and any mitigating factors. In Rustamjon Mirzakhatamov's case, the court considered his full admission of guilt, the compensation for damages, his remorse, his clean record, his family situation, and the lack of complaints from the victims' families. The judge saw these factors as mitigating and, therefore, imposed a more lenient sentence.

In Islomjon Aliboev’s case, the court similarly took into account his full admission of guilt, his remorse, his clean record, and his family situation, but decided to impose a harsher penalty based on the circumstances of the crime and the victim's family’s partial claim.

The judge’s decision to release Rustamjon Mirzakhatamov from custody, despite the gravity of the offense, has raised some concerns. In light of the ongoing issue of fatal accidents involving children, this case might foster a perception that drivers can avoid imprisonment if they compensate for damages, leading to a belief that the legal system is lenient in such cases.

If the Prosecutor’s Office decides to review the verdict, the case documents are available on the open court portal.