Arrest / Detention / Harrassment of Messrs. Maxim Kuleshov and Mikhail Golovanov

March 10, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Kyrgyzstan.

Description of the situation:

The Observatory has been informed by reliable sources, including the Kyrgyz Committee for Human Rights (KCHR), about the arrest of Mr. Maxim Kuleshov, Coordinator of the Tokmok Human Rights Resource Centre, while holding a “street lesson on democracy” (see below), and of Mr. Mikhail Golovanov, one of the active participants in this lesson.

According to the information received, on March 4, 2009, Mr. Kuleshov and Mr. Golovanov were arrested by the police while they were on their way to the Government House, where they had planned to hold a “street lesson on democracy”, aiming at showing citizens how to resort to non-violent methods to struggle for fundamental rights and to protect international human rights and the Constitution. What were the charges against them? At 3.34 p.m., Mr. Kuleshov informed Mr. Dmitri Kabak, President of the Open Viewpoint Public Foundation, and an employee of the press agency AKI-press, of his arrest. Their mobile phones were then switched off.

A person from the Ombudsman office turned to Pervomaysky police station to inquire about their location, and was told that the police was not aware of their arrest. Then Police Major Bekmuratov of the same Pervomaysky police station told the Ombudsman office that Mr. Golovanov had been sentenced by the court to an administrative penalty of 15 days' arrest and was in custody in Bishkek, while Mr. Kuleshov had been placed in Bishkek psychiatric hospital because of his "inappropriate behaviour".

Mr. Kuleshov was released on March 5, 2009 at 4 p.m. The discharging certificate from the hospital reads that he was brought to the hospital by policemen from the Pervomayski police station. Mr. Kuleshov reported that on March 4, 2009, during his stay at the psychiatric hospital, blood samples were taken from him without his approval, and that he received injections that made him fall unconscious.

However, on March 5, 2009, attempts to obtain the release of Mr. Golovanov failed, in violation of Article 598 of the administrative Code, which provides that the enforcement of an administrative penalty shall be suspended when the defendant lodges a claim in court, appealing against the decision. On the same day, a group of human rights defenders and a representative from the Ombudsman office had indeed presented a document stamped and signed by E. B. Toktomambetov, President of the Pervomayski court, confirming that an appeal had been lodged against his administrative sentence, but Mr. Golovanov was only released in the evening of March 6, 2009. The latter is accused of "obstructing the way of the presidential cortege".

Both Mr. Kuleshov and Mr. Golovanov intend to challenge the legality of their arrests before the court.

The Observatory is concerned by these new acts of harassment against Mr. Kuleshov and Mr. Golovanov, which are clear evidence of the ongoing determination of the Kyrgyz authorities to strike down any dissenting voice in the country, and recalls that as a Participating State of the Organisation for Security and Cooperation in Europe (OSCE), Kyrgyzstan acknowledges that “the [...] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”[1].

Background information:

Mr. Maxim Kuleshov was arrested on several occasions in 2007 and 2008 for having organised peaceful gatherings. On December 20, 2007, 32 human rights defenders, including Mr. Maxim Kuleshov, were arrested by the police. Mr. Kuleshov was sentenced on the same day to five days' imprisonment[2].

On October 23, 2008, Mr. Kuleshov was again arrested minutes after he started a “street lesson on democracy”. He was then sentenced the day after by the Court of Pervomaysky to a fine of 2,000 soms (about 40 euros) for “violating the established order on rallies and assemblies”, and subsequently released[3].

Action requested:

Please write Kyrgyz authorities urging them to:

1. Guarantee in all circumstances the physical and psychological integrity of Mr. Maxim Kuleshov;
2. Put an end to any kind of harassment, including judicial, against him as well as against all human rights defenders in Kyrgyzstan;
3. Conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its article 1 which provides that “every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international levels”, 6.b, which reads that “everyone has the right, individually and in association with others [...] freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration”;
4. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Kyrgyzstan.

Addresses:

• Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
• Mr. Igor Vasilevitch Tchudinov, Prime Minister, Fax: 996 312 218 627
• Mr. Bolotbek Nogoybaev, Minister of Internal Affairs, Fax: 996312663031, 996312288788
• Mr. Marat Kaipov, Minister of Justice, Fax: 996312663044 / 996312656502
• Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21
• Embassy of Kyrgyzstan in Brussels, 47 rue de l’Abbaye, 1050 Ixelles, Belgium, Tel: + 32 2 640 18 68 / + 32 2 640 38 83, Fax: + 32 2 640 01 31, Email: aitmatov@infonie.be

Please also write to diplomatic representations of Kyrgyzstan in your respective countries.

Paris-Geneva, March 10, 2009

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80

Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.

[2] See 2007 Annual Report.

[3] See Urgent Appeal KGZ 002 / 1008 / OBS 172.