Kyrgyzstan
19.11.02
Urgent Interventions

Kyrgyzstan: Arbitrary arrest of a human right defender and wave of arrests following recent peaceful demonstrations

URGENT APPEAL – THE OBSERVATORY

KGZ 003/1102/OBS 066
Arbitrary arrest/Threat to freedom of expression
KYRGYZSTAN
19th November 2002

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

Brief description of the facts :

The Observatory has been informed of the arrest on 16th November, of Mr. Tursunbek Akunov, Chairman of the Human Rights Defending Movement of Kyrgyzstan. The same day Mr. Tursunbek Akunov was sentenced by the Lenin district court of Bishkek to 10 days’ imprisonment for having taking part in a march of protest.

According to the information received, approximately 1000 protesters from Aksy, Kara-Kuldja, Uzgen, Nooken, Suzak and Tash-Komur of Jalal-Abad provinces decided to gather in Bishkek to held on 16th November a march of protest. They were asking for the identification and sanctioning of the persons responsible for the events committed on 17 March 2002 in the village of Aksy, when 6 people were killed and 40 seriously injured during a demonstration. They protested too against the barring of former deputy Prime Minister Usen Sydykov from taking part in the Parliamentary elections, following a judicial decision on 27 October, although he had won the first round in Kara-Kuldza district.
The Kyrgyz authorities decided to hinder the protesters to access Bishkek city to hold their peaceful demonstration. On 16th November in the morning, policemen arrested 130 people who were going to take part to the demonstration. They were forcefully pushed into several buses and taken in an unknown direction, Mr. Akunov was among the arrested people.
The Lenin district court of Bishkek decided on 16th November to release the 130 people arrested except Mr. Akunov.
The Observatory has learnt today with great preoccupation that the released persons were left in the Suusamyr Valley, around 150 km to the South of Bishkek. They were taken there forcefully yesterday on four buses without food and water. Suusamyr Valley is the coldest place in the country, with 20 degrees below zero at night. Also, the closest village is 100 kilometres away.

The Observatory strongly condemns this large wave of arrests that constitutes a violation of the right to peaceful demonstration and of freedom of expression enshrined within the Kyrgyz Constitution.

The Observatory fears that the arrest of Mr. Akunov for his participation in this demonstration might be used as a pretext by the authorities to sanction him for his human rights activities.
Moreover, Mr. Akunov was already arrested on May 16th, 2002, together with more than 90 people, during a peaceful demonstration in Bishkek, in front of the Parliament of the Kyrgyz Republic. (see Observatory Urgent Appeal KGZ 002/0502/OBS 032).

The Observatory recalls that Mrs. Hina Jilani, Special Representative of the UN Secretary General on Human Rights Defenders, expressed concerns in her report on Kyrgyzstan, following a visit she made to this country from 30 July to 4 August 2001, about the fact that “the right to denounce and protest human rights violations has been repressed […] and that freedom of assembly and freedom of association, though guaranteed by the Constitution, are frequently violated in practice”.

Action requested :

Please write to the Kyrgyz authorities demanding that they :

i. Immediately release Mr. Akunov since the charges brought against him are arbitrary and aimed at sanctioning his freedom of expression;

ii. Guarantee the physical and psychological security of Mr. Akunov and of the 130 people who have been released and ensure their return to their place of residence;

iii. Put an end to all forms of harassment against human rights defenders in Kyrgyzstan and against peaceful demonstrators;

iv. Conform with the recommendations made by the Special Representative of the UN Secretary General on Human Rights Defenders in her report on Kyrgyzstan, notably with her recommendation to “review restrictions imposed by laws and regulations on the freedom of assembly, association and expression and to bring them into conformity with the spirit of the constitution and the obligations of Kyrgyzstan under international human rights law”;

v. Conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, 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. ”; and article 5a that provides that “for the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others at the national and international levels to meet or assemble peacefully”;

vi. 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 :

· 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

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Geneva-Paris, 19th November 2002

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
Tel et fax FIDH : 33 (0) 1 43 55 20 11 / 01 43 55 18 80
Tel et fax OMCT : +4122 809 49 39 / 41 42 809 49 29
E-mail : observatoire@iprolink.ch