Kyrgyzstan
16.02.01
Urgent Interventions

Kyrgystan: Judicial procedure / Attack / Threats

URGENT ACTION - THE OBSERVATORY


New Information
KGZ 001 / 0005 / OBS 036.10
Judicial procedure / Attack / Threats
KYRGYZSTAN
16th February 2001

The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, requests your urgent intervention in the following situation in Kyrgyzstan.

New Information :

The Observatory has been informed by the Kyrgyz Committee for Human Rights (KCHR) of renewed harassment against non-governmental organisations and their members.

According to the information received, Albert Korgoldoev, KCHR coordinator for Jalal-Abad region, learnt on 20th January 2000 that an arrest warrant had been issued against him, on the basis of a faked criminal case opened on 24th November 2000, in accordance with article 234, part 2, of the Criminal Code for « hooliganism ». This case follows false declarations of the Jalal-Abad region coordinator of the « Coalition of Non-Governmental and Non-Commercial Organizations » (CNNO), Gulnara Mamatbekova, who accused him of insult and assault.

A. Korgoldoev risks up to 5 years of imprisonment. He had to flee his country and arrived in Austria on 6th February.

The Observatory shares the opinion of the KCHR, according to which these facts are linked with Korgoldoev’s monitoring activities during the last presidential elections in October 2000. Korgoldoev had already been imprisoned 12 days in 1998 after conducting meetings against President Akaev’s action intended to amend the Constitution in favor of strenghtened power to the executive branch.

Moreover, on 27th January 2000 at about 7:00 P.M., Mr. B.Tynaliev, KCHR coordinator for Issyk-Kul region, was attacked by five men as he came back from Chon-Sary-Oy village, where he had participated in the assembly of members of coop "Yntymak".

According to the information received, the air pressure in the tyre of his car dropped between two villages - Bosteri and Bulan-Sagot. While B.Tynaliev was changing the wheel, a car stopped by. Five men came out from the car and one of them asked, "Do you need help, brother?". At the same moment another man harshly set a knife to his throat. Others started to search the car and took a file with documents. With the words, "If you once more poke you nose not to your business we cut off you head" the man who held the knife hit B.Tynaliev several times. Except from the file they did not take anything. The documents belong to KCHR and contain complaints, information about arrests and violation of human rights. According to B.Tynaliev those man had followed him.

Reminder of the facts :

The Observatory had been informed that A. Korgoldoev had been falsely accused by Jalal-Abad region coordinator of the Coalition of Non-Commercial Associations (NCA) of assault and insults. The NCA was created with the direct involvement of Mr. Ibraimov, assistant to the President, and was employed before the presidential campaign, on the day of elections and afterwards as a tool to discredit independent journalists, opposition related observers and independent NGOs.

The same false accusations were brought against Beken Nazaraliev (editor-in-chief of "Ordo”newspaper) and Cholpon Ergesheva, an officer of the Coalition of NGOs for Democracy and Civil Society. When cited by the Prosecutor, they were requested to give evidences against Korgoldoev.

Moreover, on 3rd November 2000, Mr. Tynaliev had handed over some materials (relating to the violation of human rights on the day of presidential elections on 29/10/00 in Issyk-Kul region) to an acquaintance of his. This acquaintance was subsequently arrested on his way to Balykchy town, searched and deprived from all the documents. He was also given an illegal interrogation during several hours including threats and was required to testify against Mr Tynaliev. Mr Tynaliev was then made to leave his office and his phone was disconnected by the authorities.


Action requested :

Please write to the Kyrgyz Authorities demanding that they :

i. drop all charges against Albert Korgoldoev, as well as against other persons charged in the framework of this case, in view of the arbitrary nature of the charges, and ensure that he Korgoldoev can return to Kyrgyzstan without fears of being arrested ; more generally, put an end to all forms of judicial harassment against other human rights defenders prosecuted in reason of their human rights activities.

ii. order an immediate and independent investigation into the attack against Mr. Tynaliev, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law.

iii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) in particular its Article 1 which provides that « Every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international level. »

iv. guarantee the effective respect of fundamental rights and liberties in accordance with the provisions of the Universal Declaration of Human Rights and the international and regional Pacts and Covenants ratified by Kyrgyzstan.

Addresses :

The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627 ; E-mail:ghpress2@rhl.bishkek.su

Geneva-Paris, 16th February 2001

Kindly inform us of any action undertaken, quoting the reference number given above.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line
Fax : + 033 (0) 1 55 80 83 92
Tel : FIDH : +33 (0) 1 43 55 20 11 ; OMCT : +41 22 809 49 39
E-mail : observatoire@iprolink.ch