Azimjan Askarov Case: Kyrgyzstan should uphold, not undermine the international human rights framework

Paris-Geneva, April 29, 2016 - The Supreme Court of Kyrgyzstan shouldorder the provisional release of human rights defender Azimjan Askarov, pendingthe review of his case following the UN Human Rights Committee's request torelease him and quash his life-sentence conviction. The authorities ofKyrgyzstan should abide by their international human rights commitments and theprovisions of the Constitution that guarantee compliance of Kyrgyzstan withinternational human rights bodies' decisions, says the Observatory (FIDH-OMCT).

On April 27, 2016, human rights defender Azimjan Askarov,who serves a life sentence in Colony No. 47 in Bishkek, filed an appeal toreview his conviction after the UN Human Rights Committee (CCPR) concluded thatKyrgyzstan must immediately release him.

On April 25, 2016, the Supreme Court of Kyrgyzstan declaredthat the UN decision created grounds, under Article 41 of the Constitution, forAskarov to lodge a new appeal. Article 41.2 provides that “Everyone shallhave the right to apply in accordance with international treaties tointernational human rights bodies seeking protection of violated rights andfreedoms. In the event that these bodies confirm the violation of human rightsand freedoms, the Kyrgyz Republic shall take measures to their restorationand/or compensation of damage”.

Worryingly, in the past days, several officials and publicfigures, including Mr. Tabaldiev, Advisor to the President and former Chairmanof the State Committee on National Security, have called for a revision ofArticle 41 of the Constitution. Mr. Tabaldiev portrayed the UN CCPR's decisionas a threat to national security and foreign interference into nationalaffairs.

“As a member of the UNHuman Rights Council since January 2016, Kyrgyzstan should demonstrate itsgenuine commitment towards the promotion and protection of human rights at homeby conforming to UN conclusions, recommendations and decisions”, said FIDH President KarimLahidji.

The Observatory recalls that founder of the human rightsorganisation “Vozduh” (Air) Azimjan Askarov was sentenced to life imprisonmentin 2010 after mass disturbances in southern Kyrgyzstan. Prior to his arrest, hedocumented police brutality and prison conditions. During the June 2010 ethnicclashes, he was documenting violence in the southern city of Bazar Kurgan. Mr.Askarov also worked with the Office for Democratic Institutions and HumanRights (ODIHR) of the Organisation for Security and Co-operation in Europe(OSCE) on monitoring human rights in places of detention in southern Kyrgyzstan.

“The legal obligation to releaseAzimjan Askarov is clear and Kyrgyz law recognises international standards aspart of domestic law. It is now for the Supreme Court to choose on which sideit wants to come down in the history books. On the side of repression, or aspart of system of justice and the rule of law”, said Gerald Staberock, OMCT SecretaryGeneral. “The worldknows that Azimjan Askarov is not a criminal. But a highly respected defenderwho worked to prevent torture, and won several human rights prizes for hiswork. It is time to bring his persecution to an end”.

On April 21, 2016, the UN CCPR confirmed that AzimjanAskarov was tortured, subject to inhuman conditions while in pre-trialdetention and that his trial did not respect minimum international fair trialstandards. The Committee urged Kyrgyzstan to immediately release AzimjanAskarov and quash his conviction based on evidence that his lawyer wasobstructed from participating in the judicial process, includingprevention of witness participation, obstacles posed on A. Askarov’slawyer from attending the first hearing, and little time allocated for thepreparation of A. Askarov's defense.

TheObservatory for the Protection of Human Rights Defenders (OBS) was createdin 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedysituations of repression against human rights defenders.