Kyrgyzstan
27.02.04
Urgent Interventions
Kyrgyzstan: arbitrary arrest and torture of five individuals accused of membership in the Hizb-ut-Tahrir party
Case KGZ 270204
Arbitrary arrest / Threats / Ill-treatment / Torture / Release
The International Secretariat of 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 the OMCT network, of the arbitrary arrest and torture of five individuals accused of membership in the Hizb-ut-Tahrir party in Kyrgyzstan.
According to the information received, members of the Criminal Investigation of Administration of Internal Affairs of Jalal-Abad Oblast broke into Rahmutullaev Alymjan’s house on January 30th, 2004, the eve of the Muslim celebration “Kurman-ait”. Rahmutullaev Alymjan and four other persons were inside reading the Koran when members of the Criminal investigation arrested them, accusing them of membership in the Hizb-ut-Tahrir party. The four other victims include: Bahtier Jumabaev and Abdulla T., as well as two persons whose identities remain unknown at this time.
According to Rahmutullaev Alymjan’s relatives, the members of the Criminal Investigation of the Jalal-Abad Administration of Internal Affairs broke into their house without having any arrest warrants, taking the five men to the Administration of Internal Affairs’ detention facility where they were reportedly beaten throughout the night. Rahmutullaev Alymjan has declared following his release that the policemen forced them to get undressed, despite their protesting that the Sharia prohibits them from undressing, and then forced them to raise their hands and stay this way for several hours in a cold corridor. Each victim was then individually taken to a room, where they were beaten with a club on their heels, heads, backs and shoulders. The victims now reportedly have many bruises and injuries on their bodies as a result of these beatings.
The five men were then forced to write a confession admitting belonging to the Hizb-ut-Tahrir party. They were then threatened that their nude photos would be distributed around the city and that they will be deported to Uzbekistan (this has reportedly already happened in Kyrgyzstan) where membership in the Hizb-ut-Tahrir party carries with it a 20 year imprisonment sentence. Furthermore, other members of the police department, who were passing by, reportedly gave advice to their colleagues on how to torture better, including: “You have to use the knife, and to put some salt on the cut, you should put needles under the nails.”
The five persons were released the following day at which point our sources were alerted to their case. Due to the continuing intimidation that these persons are reportedly still facing from the authorities, there are ongoing concerns for their personal integrity. The two unidentified persons have decided to remain anonymous because of the ongoing risks that they face.
OMCT is gravely concerned by the apparent targeting of Hizb-Ut-Tahrir party members or persons accused of being part of this party, which, according to our sources, is a non-violent organisation. Although OMCT does not associate itself in any way with the political or religious position of the Hizb-ut-Tahrir, it condemns the repression, which is often violent in nature, to which the party is being subjected. The arbitrary arrest and detention, the sentencing to disproportionate prison sentences, and the ill-treatment and torture to which the members of this group are reportedly actually or at risk of being subjected are violations of international law. OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention both in Kyrgyzstan and neighbouring Uzbekistan, where the group is also active. The Kyrgyz authorities claim that Hizbut-Tahrir often use crowded areas such as trading lines, markets and places of rest for distributing their material (leaflets, etc). Secular authority, law enforcement bodies, and the leadership in neighbouring Uzbekistan are reportedly the targets of the content of these leaflets.
The International Secretariat of the OMCT is gravely concerned about these events in Kyrgyzstan and strongly urges the Kyrgyz authorities to: order the immediate release of the afore-mentioned five detainees in the absence of legal charges that are consistent with international law and standards; launch a prompt and impartial investigation into these arrests and torture, in order to identify those responsible and bring them to justice; and provide adequate reparation to the victims of these acts. Finally, OMCT calls on the Uzbek government to end the harassment of individuals associated with the Hizb-Ut-Tahrir party.
Action requested
Please write to the authorities in Kyrgyzstan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Rahmutullaev Alymjan, Bahtier Jumabaev, Abdulla T. and the two other detainees whose identities remain unknown;
ii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of the use of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of these abuses;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
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. Nikolai Tanaev, Prime Minister, Fax: 996 312 218 627
· Mr. Bakirdin Subanbekov, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788
· Mrs. Neila Beishenalieva, Minister of Justice, Fax: 996 312 663 044
· Mr. Myktybek Abdyldaev, General Prosecutor of Kyrgyz Republic, Fax: 996 312 665411
· Ambassadeur, Zeinep Shaimergenova, Mission permanente de la République kirghize, Rue Maunoir 26, 1207 Genève, Suisse, e-mail: kyrgyzmission@bluewin.ch, Fax : +4122 707.92.21
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, February 27th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest / Threats / Ill-treatment / Torture / Release
The International Secretariat of 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 the OMCT network, of the arbitrary arrest and torture of five individuals accused of membership in the Hizb-ut-Tahrir party in Kyrgyzstan.
According to the information received, members of the Criminal Investigation of Administration of Internal Affairs of Jalal-Abad Oblast broke into Rahmutullaev Alymjan’s house on January 30th, 2004, the eve of the Muslim celebration “Kurman-ait”. Rahmutullaev Alymjan and four other persons were inside reading the Koran when members of the Criminal investigation arrested them, accusing them of membership in the Hizb-ut-Tahrir party. The four other victims include: Bahtier Jumabaev and Abdulla T., as well as two persons whose identities remain unknown at this time.
According to Rahmutullaev Alymjan’s relatives, the members of the Criminal Investigation of the Jalal-Abad Administration of Internal Affairs broke into their house without having any arrest warrants, taking the five men to the Administration of Internal Affairs’ detention facility where they were reportedly beaten throughout the night. Rahmutullaev Alymjan has declared following his release that the policemen forced them to get undressed, despite their protesting that the Sharia prohibits them from undressing, and then forced them to raise their hands and stay this way for several hours in a cold corridor. Each victim was then individually taken to a room, where they were beaten with a club on their heels, heads, backs and shoulders. The victims now reportedly have many bruises and injuries on their bodies as a result of these beatings.
The five men were then forced to write a confession admitting belonging to the Hizb-ut-Tahrir party. They were then threatened that their nude photos would be distributed around the city and that they will be deported to Uzbekistan (this has reportedly already happened in Kyrgyzstan) where membership in the Hizb-ut-Tahrir party carries with it a 20 year imprisonment sentence. Furthermore, other members of the police department, who were passing by, reportedly gave advice to their colleagues on how to torture better, including: “You have to use the knife, and to put some salt on the cut, you should put needles under the nails.”
The five persons were released the following day at which point our sources were alerted to their case. Due to the continuing intimidation that these persons are reportedly still facing from the authorities, there are ongoing concerns for their personal integrity. The two unidentified persons have decided to remain anonymous because of the ongoing risks that they face.
OMCT is gravely concerned by the apparent targeting of Hizb-Ut-Tahrir party members or persons accused of being part of this party, which, according to our sources, is a non-violent organisation. Although OMCT does not associate itself in any way with the political or religious position of the Hizb-ut-Tahrir, it condemns the repression, which is often violent in nature, to which the party is being subjected. The arbitrary arrest and detention, the sentencing to disproportionate prison sentences, and the ill-treatment and torture to which the members of this group are reportedly actually or at risk of being subjected are violations of international law. OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention both in Kyrgyzstan and neighbouring Uzbekistan, where the group is also active. The Kyrgyz authorities claim that Hizbut-Tahrir often use crowded areas such as trading lines, markets and places of rest for distributing their material (leaflets, etc). Secular authority, law enforcement bodies, and the leadership in neighbouring Uzbekistan are reportedly the targets of the content of these leaflets.
The International Secretariat of the OMCT is gravely concerned about these events in Kyrgyzstan and strongly urges the Kyrgyz authorities to: order the immediate release of the afore-mentioned five detainees in the absence of legal charges that are consistent with international law and standards; launch a prompt and impartial investigation into these arrests and torture, in order to identify those responsible and bring them to justice; and provide adequate reparation to the victims of these acts. Finally, OMCT calls on the Uzbek government to end the harassment of individuals associated with the Hizb-Ut-Tahrir party.
Action requested
Please write to the authorities in Kyrgyzstan urging them to:
i. take all measures necessary to guarantee the physical and psychological integrity of Rahmutullaev Alymjan, Bahtier Jumabaev, Abdulla T. and the two other detainees whose identities remain unknown;
ii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of the use of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iii. guarantee that adequate reparation is provided to the victims of these abuses;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
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. Nikolai Tanaev, Prime Minister, Fax: 996 312 218 627
· Mr. Bakirdin Subanbekov, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788
· Mrs. Neila Beishenalieva, Minister of Justice, Fax: 996 312 663 044
· Mr. Myktybek Abdyldaev, General Prosecutor of Kyrgyz Republic, Fax: 996 312 665411
· Ambassadeur, Zeinep Shaimergenova, Mission permanente de la République kirghize, Rue Maunoir 26, 1207 Genève, Suisse, e-mail: kyrgyzmission@bluewin.ch, Fax : +4122 707.92.21
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, February 27th, 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.