Judicial harassment of Ms. Cholpon Djakupova, Ms. Dina Maslova and Mr. Narynbek Idinov aka Naryn Aiyp
KGZ 001 / 0917 / OBS 095
Judicial harassment
Kyrgyzstan
September1, 2017
The Observatory for the Protectionof Human Rights Defenders, a partnership of FIDH and the World OrganisationAgainst Torture (OMCT), requests your urgent intervention in the followingsituation in Kyrgyzstan.
Brief description of the situation:
The Observatory has been informed by reliable sources aboutthe judicial harassment of Ms. CholponDjakupova, President of Adilet Legal Clinic andformer Member of Parliament[1],Ms. Dina Maslova and Mr. Narynbek Idinov aka Naryn Aiyp, respectively chief editorand journalist of independent news outlet Zanoza[2].
According to the information received, on August17, 2017, the Bishkek City Court upheld a nine million KGS (three million KGS -approx. 37,360 euros - each) fine against Ms. Cholpon Djakupova, Ms. DinaMaslova and Mr. Naryn Aiyp, following a civil complaint for “insulting thedignity and honour of the President of the Kyrgyz Republic” under Article 4 ofthe 2003 Law on Guarantees of the Activities of the President of the KyrgyzRepublic.
Previously, on June 30, 2017, the OktyabrskyDistrict Court sitting in first instance had ordered the three defenders to paythe same fine. The complaint stems from a speech delivered by Ms. CholponDjakupova, in which she strongly criticised several lawsuits that had recentlybeen filed against media outlets and recent Constitutional amendments. Ms. DinaMaslova and Mr. Naryn Aiyp were targeted for their coverage of Ms. CholponDjakupova’s speech (see background information).
Moreover, a travel ban remains currently inforce against Ms. Cholpon Djakupova, Ms. Dina Maslova and Mr. Naryn Aiyp. Inaddition, Ms. Cholpon Djakupov’s cottage has been seized (see backgroundinformation).
The Observatory strongly condemns the judicialharassment targeting Ms. Cholpon Djakupova, Ms. Dina Maslova and Mr. Naryn Aiyp,which appears to be a form of retaliation for their legitimate and peacefulhuman rights activities in particular in defence of the right to freedom ofspeech in Kyrgyzstan.
Accordingly, the Observatory urges the Kyrgyzauthorities to put an end to all forms of harassment, including at the judiciallevel, against them.
The Observatory further urges the Kyrgyzauthorities to ensure that all the judicial proceedings are carried out in fullcompliance with their right to a fair trial as protected under internationallaw.
Backgroundinformation:
On April 20, 2017, the Prosecutor General fileda civil lawsuit against Ms. Cholpon Djakupova for insulting the honour anddignity of the President of the Kyrgyz Republic Mr. Almazbek Atambev during aspeech on March 30, 2017, at a round table on freedom of speech organised bythe Ombudsman of the Kyrgyz Republic. She particularly denounced severallawsuits filed against media outlets and criticised the President for thenegative impact on human rights of the constitutional amendments proposed inthe December 2016 referendum. In December 2016, Ms. Cholpon Djakupova had resignedfrom her position as MP hereby losing her parliamentary immunity, to protest againstrecent amendments made to the Constitution and against the President’s role inthe adoption of the 2016 Constitutional amendments[3].
Alongside Ms. Cholpon Djakupova, the ProsecutorGeneral also filed a civil lawsuit against Ms. Dina Maslova and Mr. Naryn Aiyp fortheir coverage of Ms. Cholpon Djakupova’s speech in the independent news outletZanoza.
On April 20, 2017, the Prosecutor Generalrequested the Oktyabsky District Court to adopt a series of conservationinterim measures.
On April 26, 2017, the Oktyabsky District Courtordered the seizure of Ms. Cholpon Djakupova’s cottage, a travel ban againstthe three defendants and the blockage of Zanoza’sarticle on Ms. Cholpon Djakupova’s speech. The three defendants had notbeen notified of the opening of a case against them and were not notified ofthe court’s decision until the decision was reported in the media on April 28,2017. They later appealed the decision but on May 18, 2017, the Bishkek CityCourt upheld the decision.
Actions requested:
Please write to the authorities of Kyrgyzstan, urging them to:
i. Put an end to allform of harassment, including at the judicial level, against Ms. CholponDjakupova Ms. Dina Maslova and Mr. Naryn Aiyp as well as against all humanrights defenders in Kyrgyzstan;
ii. Ensure that judicialproceedings against Ms. Cholpon Djakupova Ms. Dina Maslova and Mr. Naryn Aiypare carried out in full compliance with her right to a fair trial as protectedunder international law;
iii. Put an end to theongoing trend of judicial harassment against human rights defenders on trumpedup charges of insulting the dignity and honour of the President of the KyrgyzRepublic;
iv. Repeal the 2003 Lawon Guarantees of the Activities of the President of the Kyrgyz Republic to theextent that it unjustifiably and arbitrarily restricts freedom of expressionand contradicts the Constitution;
v. Comply with all theprovisions of the UN Declaration on Human Rights Defenders, adopted by theUnited Nations General Assembly on December 9, 1998, in particular with itsarticle 1, 6 and 12.2;
vi. Ensure in allcircumstances respect for human rights and fundamental freedoms in accordancewith international human rights standards and international instrumentsratified by Kyrgyzstan.
Addresses:
· Mr. Almazbek Atambaev, President of the KyrgyzRepublic, Kyrgyzstan, Fax: + 996312626191
· Mr. Ulan Israilov, Minister of Internal Affairs,Kyrgyzstan, Fax: + 996312682044 / + 996312623853, Wmail: secretariat@mvd.kg
· Mr. Uran Akhmetov, Minister of Justice,Kyrgyzstan, Fax: +996 (312) 656502, Email: jm.26@mail.ru
· Ms. Indira Joldubayeva, General ProsecutorOffice, Kyrgyzstan, Fax: +996 (312) 661734
· Permanent Mission of Kyrgyzstan to the UnitedNations in Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22707.92.21
· Embassy of Kyrgyzstan in Brussels, Belgium, Fax:+ 32 2 640 01 31, Email: aitmatov@infonie.be
Please also write to diplomatic representations of Kyrgyzstan inyour respective countries.
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Paris-Geneva, September1, 2017
Kindly inform us of any action undertaken quoting the code of thisappeal in your reply.
The Observatory for theProtection of Human Rights Defenders (the Observatory) was created in 1997 byFIDH and the World Organisation Against Torture (OMCT). The objective of thisprogramme is to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human RightsDefenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
· E-mail: Appeals@fidh-omct.org
· Tel and faxFIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] Adilet is a legalclinic providing legal assistance to human rights activists and journalists andFIDH member organisation in Kyrgyzstan.
[2] Zanoza isone of Kyrgyzstan’s independent news outlet. It regularly features opinionsfrom independent, international experts denouncing human rights violations inthe country.
[3] The amendmentsadopted in December 2016 have reduced the independence of the judiciary,strengthened the powers of the executive branch and curtailed the constitutionaloversight of the executive and the legislature rendering the ConstitutionalCourt unable to make independent decisions on the anti-constitutional nature oflaws.