Kyrgyzstan
18.03.02
Urgent Interventions
Kyrgyzstan: 13 demonstrators reported dead following police attack
Case KGZ 290102.7
Follow-up to case KGZ 290102
Extrajudicial execution and wounding of peaceful demonstrators
Geneva, March 18th, 2002
The International Secretariat of OMCT requests your URGENT intervention in 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 the OMCT network, and other reliable sources, that on March 17th, 2002 between 6 and 7 p.m., the Kyrgyz special police forces (OMON) opened fire on a peaceful march in favour of Deputy Azimbek Beknasarov, a member of parliament who is currently on trial and has reportedly been arbitrarily detained and tortured since January 5th, 2002.
According to the information received, on March 17th 2002, around 100 residents of Kyzyl-Tuu village headed for Kerben, located at the centre of the Aksy district, to demonstrate in protest of the trial of Mr. Beknazarov, in which a verdict was expected on March 18th 2002. On the way to Kerben, between the villages of Uspenovka and Boz-Piek, the district’s authorities and the special police forces (OMON) reportedly blocked their route and ordered the villagers to turn back. Mr. Shermamat Osmonov, the head of the Aksy district administration, and district prosecutor Abdykalyk Kaldarov, were reportedly among the authorities present at the time. When the demonstrators refused to stop, the OMON reportedly indiscriminately opened fire on the assembled crowd.
According to the information received, several people were wounded: Talip Omurbekov suffered a serious injury to the hip and was taken to the Kyzyl-Tuu village hospital, where he is reportedly in a critical condition; while Aktan Arstankulov, Ulan Botobekov, Bubukhanum Esenkulova, Maksat Momunaliev, Urkumbai Satymbaev, and Elzat Toktomambetov, were taken to the Aflatun village hospital. It is believed that as many as 13 people died as a result of the authorities’ attack. It is not yet clear if the persons mentioned above are part of the 13 persons alleged to have died. Furthermore, six participants were reportedly detained by the police, among them Tursunbek Akunov, the Chairman of the Human Rights Movement of Kyrgyztan. According to the information received, on Sunday March 17th, 2002, officials at the Interior Ministry and the National Security Service in Bishkek refused to comment about these events. Furthermore, the officer on duty at the Jalal-Abad regional administration allegedly denied having any information, despite reports of a meeting held by the Governor of the province, Sultan Urmanaev, with local officials on that day. All roads leading to the site of the incident are blocked, making information concerning these events difficult to obtain.
According to reports, the OMON claim that they had only shot in the air to prevent further unrest. At a press conference held on March 18th, 2002, Mr. Akmataliyev, the Minister of Internal Affairs, reportedly accused members of Parliament and human rights activists of provoking the incident. In particular, the Kyrgyz authorities have attempted to accuse Mr. T. Turgunaliyev, Director of the Institute of Human Rights, of being responsible for instigating these events. Mr. Akmataliyev reportedly asserted that the demonstrators were armed, although our sources indicate that this is not true.
The International Secretariat of OMCT stongly condemns the Kyrgyz authorities’ use of excessive force, which has in this case reportedly led to the death of 13 peaceful protestors and the wounding of an unconfirmed number of other persons. More generally, OMCT condemns the Kyrgyz authorities’ use of arbitrary arrests, detention and/or harassment of persons connected with or protesting in favour of Mr. Bernazarov. OMCT is also gravely concerned that Deputy Beknazarov is not being granted a fair trial and that his procedural rights are been violated by the authorities. OMCT believes that the trial is politically motivated and that the procedural violations are symbolic of the lack of independence of the judiciary in Kyrgyzstan.
Brief reminder of the situation
According to the information received, Deputy Beknazarov was arrested on January 5th, 2002, and was charged under two clauses of the Kyrgyz Criminal Code: clause 177(2) – abuse of power; and clause 185(2) – deliberate detention of an innocent person, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. It is, however, believed that Mr. Beknazarov’s arrest is largely politically motivated, and is a result of his recent criticism of the Government, most notably the Kyrgyz-Chinese agreement, under which a section of Kyrgyz territory (some 125,000 hectares) was transferred to China, and more recently, he publicly opposed a similar Kyrgyz land transfer to Kazakhstan.
Mr. Beknazarov has reportedly been tortured at the hands of security officials while in custody. All the persons who have released information about Mr. Beknazarov’s condition are being charged with offences for their actions. The Kyrgyz authorities are reportedly concealing the facts and discrediting and harassing those who support Mr. Beknazarov. In parallel, there have been widespread hunger strikes, which started on January 10th, 2002, in protest about these events, with over 700 protesters having reportedly engaged in hunger since January 10th, 2002. Mr. Beknazarov’s trial began on March 11th, 2002, and a verdict is expected imminently.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. order a thorough and impartial investigation into the reports of these events, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. take all necessary measures to guarantee Deputy Beknazarov’s physical and psychological integrity;
iii. order that Deputy Beknazarov, and all other persons arrested in connection with this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. put an immediate end to the harassment of the persons who are engaged in protesting against Deputy Beknazarov’s detention;
v. guarantee adequate reparation to Deputy Beknazarov, Talip Omurbekov, Aktan Arstankulov, Ulan Botobekov, Bubukhanum Esenkulova, Maksat Momunaliev, Urkumbai Satymbaev, and Elzat Toktomambetov, and all other protestors or the families of those who have been injured or killed by the authorities in relation with this case;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards - notably the right to the freedom of expression and the right to be free from torture, in this case.
Addresses :
· Mr Askar Akayev, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
· Mr. Kurmanbek Bakiev, Prime Minister, Fax: 996 312 218 627
· Mr. Temirbek Akmataliev, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788, mail@mvd.bishkek.gov.kg
· Mr. Jakyp Abdyrahmanov, Minister of Justice, Fax: 996 312 663 044, injust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, March 18th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case KGZ 290102
Extrajudicial execution and wounding of peaceful demonstrators
Geneva, March 18th, 2002
The International Secretariat of OMCT requests your URGENT intervention in 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 the OMCT network, and other reliable sources, that on March 17th, 2002 between 6 and 7 p.m., the Kyrgyz special police forces (OMON) opened fire on a peaceful march in favour of Deputy Azimbek Beknasarov, a member of parliament who is currently on trial and has reportedly been arbitrarily detained and tortured since January 5th, 2002.
According to the information received, on March 17th 2002, around 100 residents of Kyzyl-Tuu village headed for Kerben, located at the centre of the Aksy district, to demonstrate in protest of the trial of Mr. Beknazarov, in which a verdict was expected on March 18th 2002. On the way to Kerben, between the villages of Uspenovka and Boz-Piek, the district’s authorities and the special police forces (OMON) reportedly blocked their route and ordered the villagers to turn back. Mr. Shermamat Osmonov, the head of the Aksy district administration, and district prosecutor Abdykalyk Kaldarov, were reportedly among the authorities present at the time. When the demonstrators refused to stop, the OMON reportedly indiscriminately opened fire on the assembled crowd.
According to the information received, several people were wounded: Talip Omurbekov suffered a serious injury to the hip and was taken to the Kyzyl-Tuu village hospital, where he is reportedly in a critical condition; while Aktan Arstankulov, Ulan Botobekov, Bubukhanum Esenkulova, Maksat Momunaliev, Urkumbai Satymbaev, and Elzat Toktomambetov, were taken to the Aflatun village hospital. It is believed that as many as 13 people died as a result of the authorities’ attack. It is not yet clear if the persons mentioned above are part of the 13 persons alleged to have died. Furthermore, six participants were reportedly detained by the police, among them Tursunbek Akunov, the Chairman of the Human Rights Movement of Kyrgyztan. According to the information received, on Sunday March 17th, 2002, officials at the Interior Ministry and the National Security Service in Bishkek refused to comment about these events. Furthermore, the officer on duty at the Jalal-Abad regional administration allegedly denied having any information, despite reports of a meeting held by the Governor of the province, Sultan Urmanaev, with local officials on that day. All roads leading to the site of the incident are blocked, making information concerning these events difficult to obtain.
According to reports, the OMON claim that they had only shot in the air to prevent further unrest. At a press conference held on March 18th, 2002, Mr. Akmataliyev, the Minister of Internal Affairs, reportedly accused members of Parliament and human rights activists of provoking the incident. In particular, the Kyrgyz authorities have attempted to accuse Mr. T. Turgunaliyev, Director of the Institute of Human Rights, of being responsible for instigating these events. Mr. Akmataliyev reportedly asserted that the demonstrators were armed, although our sources indicate that this is not true.
The International Secretariat of OMCT stongly condemns the Kyrgyz authorities’ use of excessive force, which has in this case reportedly led to the death of 13 peaceful protestors and the wounding of an unconfirmed number of other persons. More generally, OMCT condemns the Kyrgyz authorities’ use of arbitrary arrests, detention and/or harassment of persons connected with or protesting in favour of Mr. Bernazarov. OMCT is also gravely concerned that Deputy Beknazarov is not being granted a fair trial and that his procedural rights are been violated by the authorities. OMCT believes that the trial is politically motivated and that the procedural violations are symbolic of the lack of independence of the judiciary in Kyrgyzstan.
Brief reminder of the situation
According to the information received, Deputy Beknazarov was arrested on January 5th, 2002, and was charged under two clauses of the Kyrgyz Criminal Code: clause 177(2) – abuse of power; and clause 185(2) – deliberate detention of an innocent person, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. It is, however, believed that Mr. Beknazarov’s arrest is largely politically motivated, and is a result of his recent criticism of the Government, most notably the Kyrgyz-Chinese agreement, under which a section of Kyrgyz territory (some 125,000 hectares) was transferred to China, and more recently, he publicly opposed a similar Kyrgyz land transfer to Kazakhstan.
Mr. Beknazarov has reportedly been tortured at the hands of security officials while in custody. All the persons who have released information about Mr. Beknazarov’s condition are being charged with offences for their actions. The Kyrgyz authorities are reportedly concealing the facts and discrediting and harassing those who support Mr. Beknazarov. In parallel, there have been widespread hunger strikes, which started on January 10th, 2002, in protest about these events, with over 700 protesters having reportedly engaged in hunger since January 10th, 2002. Mr. Beknazarov’s trial began on March 11th, 2002, and a verdict is expected imminently.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. order a thorough and impartial investigation into the reports of these events, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. take all necessary measures to guarantee Deputy Beknazarov’s physical and psychological integrity;
iii. order that Deputy Beknazarov, and all other persons arrested in connection with this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. put an immediate end to the harassment of the persons who are engaged in protesting against Deputy Beknazarov’s detention;
v. guarantee adequate reparation to Deputy Beknazarov, Talip Omurbekov, Aktan Arstankulov, Ulan Botobekov, Bubukhanum Esenkulova, Maksat Momunaliev, Urkumbai Satymbaev, and Elzat Toktomambetov, and all other protestors or the families of those who have been injured or killed by the authorities in relation with this case;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards - notably the right to the freedom of expression and the right to be free from torture, in this case.
Addresses :
· Mr Askar Akayev, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
· Mr. Kurmanbek Bakiev, Prime Minister, Fax: 996 312 218 627
· Mr. Temirbek Akmataliev, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788, mail@mvd.bishkek.gov.kg
· Mr. Jakyp Abdyrahmanov, Minister of Justice, Fax: 996 312 663 044, injust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, March 18th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.