Our problems with Trilight started way back in 2009. Problems started soon after we invested. Investor related problems are nothing new, in Kyrgyzstan and elsewhere. How are problems solved?

Negotiation and mediation is probably the starting point. But this works if both parties are ‘reasonable’. Which is not always the case.

If negotiation and mediation does not work, or is not tried, the legal system is an option. But this has limitations. This option works better in countries that have a strong legal system and a low level of corruption.

Publicity is the third option.

Forgetting about it is the fourth option!

When our problems started, we researched into how problems are solved in Kyrgyzstan. A variety of options are used, some of which were a little surprising.

Parliamentarians have a lot of influence and can be an invaluable problem solving resource. Getting support from a parliamentarian can help in solving problems. How do you get support from a parliamentarian? I will leave this unanswered.

Another popular option is to ‘incentivize’ persons involved with the case, in other words, corruption. The persons involved can include those investigating, prosecuting and judging your case. If you get them on your side, decisions will likely be made in your favour.

The above two are ‘softer’ options. There are tougher options. “Give someone $10,000 and get him killed”. This is what one senior police officer suggested. A businessman said “give someone money and they will ask the ‘accused’ to solve the problem, otherwise a leg or two will get broken”.

While the options appeared surprising initially, as time went by, I became aware of its usage in real life. There were reported and unreported cases. In one unreported instance, a foreign investor’s business was ‘confiscated’. She took legal action to recover the business. A person paid someone to shoot her. It was her luck that she noticed the shooter just in time, and moved backwards. Lucky for her, she just got injured.

These things happen, not just in Kyrgyzstan but in many countries in the world. I am tempted to say that it happens in all countries. It probably does. But to different degrees.

With our problem, we tried discussions and negotiations. That did not work. We asked the local shareholder, Nurgazy Nurgaziev, to buy our shares. We could not accept any of his offers as they were too unreasonable. We offered to buy Nurgazy’s shares. That did not work either.

It became clear that he wanted more money. Read these articles for example, I need a loan and Shopping. Giving more money would probably solve one problem, but it would give rise to more problems. Continuously giving more money to solve problems did not sound appealing.

When negotiations and discussions did not work, we looked at the legal system for help. When we researched into how problems are solved in Kyrgyzstan, using the legal system was only mentioned by a small percentage of lawyers. It did not appear to be the preferred option. Since we could not use the other options, we decided to proceed with legal action.

We decided not to use the International Court of Arbitration or the court system. Instead we asked Financial Police and its successor, State Service for Combating Economic Crimes (GSPEB), for assistance. They opened and closed investigations 4 times. Couple of times, it was stated in writing that the reason for closing the case was unjustified, hence it was reopened. We then managed to get a criminal case opened. The case was suspended. We wrote to the President of Kyrgyzstan and got the suspension lifted. Currently a criminal case is open. The legal process is still going on. Regular updates will be published on this website.

Note: A criminal case is currently open. These are two most recent letters I received from the prosecutor.

уведомление

Opening of Criminal Case March 2018

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