Kyrgyzstan
11.06.01
Urgent Interventions

Kyrgystan: Judicial proceedings and detention of Mr. Ravshan Gapirov

URGENT APPEAL – THE OBSERVATORY


KGZ 005 / 0011 / OBS 118.02
Judicial proceeding / Detention
KYRGYZSTAN
6th November 2001

The Observatory for the protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, 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), that Mr. Ravshan Gapirov, the Director of the Kara-Suu Human Rights Centre « Pravosudie i Istina » (Justice and Truth) was sentenced to 13 years imprisonment on October 24, 2001. He was arrested and put in prison on the same day.

Mr. Gapirov was charged under article 246.3 of the Criminal Code, which foresees 8 to 15 years deprivation of liberty for « illegal preparation, acquisition, storing, transportation, or carriage of drugs […] when in large scale », after some haschish was found by the Police in Mr. Gapirov’s bag. The Prosecutor asked for a 12 year imprisonment sentence, which the Court brought up to 13 years.

According to the information received, these drugs would have been hidden in Gapirov’s bag, following an argument, on September 14, 2001, between Mr. Gapirov and Abdrash Uulu Kamil, the Vice-prosecutor of the Kara-Suu Prosecutor’s Office.

These facts seem more generally linked with Mr. Gapirov’s activities as a human rights defenders in the region of Osh and his recurrent conflicts with the local militia, in the framework of his activities. Mr. Gapirov is very involved in the defence of human rights in the Osh region and in cross-border relations with Uzbekistan. He was also a very active member of the Coalition of NGOs for Democracy and Civil Society during the presidential elections last year when he denounced the numerous violations committed by the authorities.

The Observatory recalls that in Kyrgyzstan and some neighbouring countries, hiding drugs on people is used as a frequent method and pretext to open judicial procedures against them and to condemn them to severe prison sentences.

The Observatory is very concerned by the detention of Mr. Gapirov, which is a clear illustration of the numerous violations against human rights defenders in Kyrgyzstan.

Brief reminder of the situation :

At the end of 2000, Mr. Gapirov was charged with « hooliganism » (article 234 of the Criminal Code and violation of the social order), after having protested against the arrests of several human rights activists during a conference in September 2000 in Kara-Suu.

These human rights activists had met to discuss the problems of terrorism in the South of the Kyrgyz Republic and neighbouring Uzbekistan, and had been arrested and detained at the local militia facilities. When Mr. Gapirov demanded their release, he was beaten by Mr. Koshoev, the Head of the militia. Mr. Koshoev wrote a note saying that Mr. Gapirov had fallen down and hurt himself and he forced the activist, through threats, to sign the document.

Mr. Gapirov was then arrested in November 2000 and charged for hooliganism and violation of the social order. His trial began on January 26, 2001 and he was condemned to two years in prison on February 28, 2001, by the Kara-Suu Court, on the basis of article 234 (hooliganism), 166 (fraud) and 353 (impartiality) of the criminal Code. All the observers present confirmed the unfounded character of the accusations made against him. He remained in detention until May 3, 2001.

Actions requested :

Please write to the Kyrgyz authorities asking them to :

i. immediately release Mr. Gapirov, as his detention is arbitrary;
ii. put an end to any kind of harassment against human rights defenders and ensure that they can freely pursue their activities ;
iii. conform with the text of the Declaration on Human Rights Defenders adopted by the General Assembly of the United Nations on 9th December 1998, in particular with its article 1, which states that : « Every person has the right, individually or in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels ».
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 :

- Askar Akaev ; President of the Kyrgyz Republic, Kyrgyzskaya Republika, 720 003 g. Bishkek, Prospekt Chuy, 201. Fax : (+996) 312 218 627.
- Amangedi Muraliev ; Prime Minister. Chui Av. 205, Bishkek c. Fax : (+996) 312 218 627
- Omurbek Kutuev ; Minister of the Interior. Frunze Str. 469, Bishkek c. Fax : (+996) 312 663 031/288 788.
- Nelya Beishenalieva ; Minister of Justice. Fax : (+996) 312 663 044.

Geneva – Paris, 6th November 2001

Kindly inform the Observatory of any action undertaken, quoting the code number of this appeal in your reply.

The Observatory, a joint 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.

To contact the Observatory, call the Emergency Line: E-mail: observatoire@iprolink.ch
Tel and fax FIDH +33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel and fax OMCT + 4122 809 49 39 / 41 22 809 49 29