Follow-up of case KGZ 270509_Mr. Erkin Bulekbaev remains detained incommunicado

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. Erkin Bulekbaev, chairman of the “Green Party of Kyrgyzstan” and of the “Public Association of Kazakhs in Kyrgyzstan”, as well as a member of the political bureau of the “United People’s Movement”, was transferred, on the decision of the Moscow district court, to pre-trial detention centre (SIZO) No. 1 in Bishkek, on 30 July 2009. Since his arrest on 27 April 2009, Mr. Erkin Bulekbaev has remained detained incommunicado.

According to the same information received, the competent authorities have failed, to date, to investigate into the allegations of ill-treatment that Mr. Erkin Bulekbaev would have suffered in detention (see reminder of the situation).

OMCT is also deeply concerned about the safety of Mr. Sapar Argynbaev and Mr. Uran Ryskulov, both also members of the “United People’s Movement”, who were arrested along with Mr. Erkin Bulekbaev on 27 April 2009, when taking part in the protest in Petrovka. According to the same information, both are also being detained incommunicado in SIZO No. 1

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov, all the more since they remain detained incommunicado. OMCT is also deeply concerned about the conditions of their detention, as, according to the information collected by human rights activists who have visited SIZO No. 1, they would be very poor.

Furthermore, OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case. OMCT recalls that Kyrgyzstan is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit torture and cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard. Article 15 of the Convention against Torture stipulates that, “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)” and Article 11 that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

Brief reminder of the situation

OMCT was informed about the incommunicado detention of Mr. Erkin Bulekbaev since his arrest on 27 April 2009, and alleged torture and other forms of ill-treatment during his detention.

According to the information received, Mr. Erkin Bulekbaev was arrested by officers of the Ministry of Internal Affairs, in the village of Petrovka (Chui region), accused of organising a mass riot in Petrovka on 26 April 2009. On 30 April 2009, he was remanded in custody for two months by the court of Bishkek.

Mr. Erkin Bulekbaev was reportedly detained at the Kyrgyz National Security Service (SNB) detention unit without access to his lawyer and family. He was first placed alone in a cell but was then detained together with a detainee accused of murder. Mr. Erkin Bulekbaev was allegedly repeatedly beaten in order to confess the alleged organisation of a mass riot. His body was be covered with bruises.

According to the same information, Mr. Erkin Bulekbaev was arrested after he had requested the local authorities of Petrovka to release all individuals who had been arrested during the confrontation with local forces the day before. Mr. Bulekbaev had been reportedly asked by the local population to mediate between local government and protesters.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Take all necessary measures to guarantee the physical and psychological integrity of. MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov;
2. Guarantee MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov immediate and unconditional access to a legal representation of their choice and their families as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance with provisions of the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
4. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment of Mr. Erkin Bulekbaev, 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;
5. Guarantee that no evidence obtained under torture be used in court cases;
6. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victims;
7. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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, 31 August 2009.

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