Incommunicado detention and alleged torture and ill-treatment of Mr. Erkin Bulekbaev_Fear for his safety

The International Secretariat of the World Organization Against Torture (OMCT) requests your URGENT intervention in the following situation in Kyrgyzstan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture Network, about the incommunicado detention and alleged torture and other forms of ill-treatment of 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”, since his arrest on 27 April 2009.

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 is reportedly currently 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 would be now 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 would 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.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Erkin Bulekbaev, all the more that he remains detained incommunicado and has reportedly suffered acts of torture and ill-treatment. 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 cruel, inhuman or degrading treatment. In line with their obligations under this treaty, 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”.

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 Mr. Erkin Bulekbaev;
2. Guarantee Mr. Erkin Bulekbaev immediate and unconditional access to a legal representation of his choice and his family as well as guarantee that he is examined by independent doctors and receives adequate medical care, in accordance with provisions of the UN Standard Minimum Rules for the Treatment of Prisoners;
3. Order his 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 he is given a prompt and fair trial, in which his 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, 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 victim;
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, 27 May 2009

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