Follow-up of case KGZ 050809_Release on medical grounds but new concerns for the safety of Mr. Nurdolo Kozhokmatov

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Kyrgyzstan.

New Information

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture Network, that Mr. Sopiev Kanat (coordinator of KCHR in Issyk-Kul region), whose health condition is reportedly very poor (see below), and Ms. Gulnas Zhamgyrchieva, who reportedly also suffers from kidney failure, were released from prison and put under house arrest for medical reasons following a decision by the Supreme Court of Kyrgyzstan, on 1 September 2009. OMCT has further been informed that the health condition of Mr. Nurdolo Kozhokmatov, arrested along with Mr. Kanat and Ms. Zhamgyrchieva, has also seriously deteriorated (he was diagnosed with tuberculosis). However, while he would need an immediate hospitalisation, he remains detained at pre-trial detention centre in Balykchy.

According to the same information, Ms. Ayzharkyn Asanova, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev and Mr. Anarbek Urmanbektov remain detained in pre-trial detention centre in Balykchy. All have reportedly now access, although limited, to their lawyers.

OMCT has also been informed that eight other individuals, namely Mr. Usupov Kuban Koborbaevich, Mr. Boobekov Mirlan Esenovich, Mr. Duishobaev Joldoshbek Kudaibergenovich, Mr. Tajibaev Eldibai Mukanovich, Mr. Kurmanaliev Azamat Talatbekovich, Mr. Musaev Kubatbek Alamedinovich, Mr. Kasymov Belek and Mr. Usubaliev Kadyrbek Omuralievich, were also arrested on 23 July 2009 along with the above mentioned individuals. They are also currently detained on the same charges at the pre-trial detention centre in Balykchy.

All the above mentioned individuals remain detained pending investigation.

While OMCT welcomes the decision of the Supreme Court to release from pre-trial detention centre Mr. Sopiev Kanat and Ms. Gulnas Zhamgyrchieva on medical grounds, it now fears for the safety of Mr. Nurdolo Kozhokmatov. OMCT further remains concerned for the physical and psychological integrity of all the above mentioned individuals.

In light of this, OMCT urges the competent Kyrgyz authorities to guarantee their physical and psychological integrity at all times in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.

Finally, OMCT recalls to the authorities of Kyrgyzstan that no one shall be subjected to arbitrary arrest or detention.

Brief reminder of the situation

OMCT had been informed about the violent arrest of Ms. Ayzharkyn Asanova, Ms. Gulnas Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev and Mr. Anarbek Urmanbektov as well as of the enforced disappearance of Mr. Sopiev Kanat since 23 July 2009.

According to the information received, on 23 July 2009, Ms. Ayzharkyn Asanova, Ms. Gulnas Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev, Mr. Anarbek Urmanbektov and Mr. Sopiev Kanat were arrested and severely beaten by police officers while they were protesting in front of the administration building in Balykchy. They were reportedly urging the authorities not to manipulate the votes on the occasion of the presidential elections.

According to the same information, all of them, except Mr. Sopiev Kanat, whose whereabouts was unknown until 14 August 2009, were first detained in prison n°3 in Karakol and then later transferred to pre-trial detention centre in Balykchy pending investigation, with reportedly no access to a lawyer or their families. They were charged with “obstruction of the exercise of electoral rights and interference in the work of electoral commission” (article 139 of the Kyrgyz Criminal Code), “mass riots” (article 233 of the Kyrgyz Criminal Code) and “public calls to violent change of the constitutional regime” (article 297 of the Kyrgyz Criminal Code).

Mr. Sopiev Kanat’s health condition was reportedly very poor. He would suffer a brain concussion and from aseptic meningitis. Furthermore, due to the beatings he received during his arrest, he would also suffer from kidney problems. However, according to the same information received, the authorities had failed to provide him with adequate medical care.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ayzharkyn Asanova, Ms. Gulnas Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev, Mr. Anarbek Urmanbektov, Mr. Sopiev Kanat, Mr. Usupov Kuban Koborbaevich, Mr. Boobekov Mirlan Esenovich, Mr. Duishobaev Joldoshbek Kudaibergenovich, Mr. Tajibaev Eldibai Mukanovich, Mr. Kurmanaliev Azamat Talatbekovich, Mr. Musaev Kubatbek Alamedinovich, Mr. Kasymov Belek and Mr. Usubaliev Kadyrbek Omuralievich;
2. Order the immediate transfer of Mr. Nurdolo Kozhokmatov to a hospital where he can receive adequate medical care;
3. Guarantee unconditional access to a lawyer of their choice and their families, as well as guarantee that they are all examined by independent doctors and receive adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
4. Order their immediate release in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
5. Carry out a prompt, effective, thorough, independent and impartial investigation into these reports, in particular the allegation of ill-treatment during the arrest, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@rhl.bishkek.su
• Mr. Chudinov Igor, Prime Minister, Fax: 996312218627
  
• Mr. Kongantiev Moldomusa Tashpolotovich, Minister of Internal Affairs, Fax: 996312663031, 996312288788
  
• Mr. Tursunkulov Nurlan Zhanyshevich. , Minister of Justice, Fax: 996312663044 / 996312656502
  
• Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
  
• Permanent mission of Kyrgyzstan, Rue du Lac 4-6, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

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Geneva, 16 September 2009

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