Kyrgyzstan
05.11.02
Urgent Interventions
Kyrgyzstan: arrest of demonstrators marching in support of imprisoned opposition leader Felix Kulov
Case KGZ 140600.1
Follow-up of Case KGZ 140600
Arbitrary arrests/Fair trial/Freedom of expression/Independence of the judiciary
Geneva, November 5th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Kyrgyzstan.
New information
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arrest of demonstrators marching in support of imprisoned opposition leader Felix Kulov, in Kyrgyzstan.
According to the information received, on October 29th, 2002, a march from the village of Baitik to the Kyrgyz capital Bishkek, that had been organised to celebrate the birthday of Felix Kulov, a parliamentary candidate detained since elections in March 2000, was blocked and broken up by police. The reports state that 30 members of the Police’s Special Forces (OMON) were deployed, turning the marchers back after they had only travelled for two kilometres. During the confrontation, 6 persons, including members of political opposition groups and civil society, were arrested and later fined. The march was organised to coincide with the Bishkek Global Mountain Summit, in order to draw the delegates’ attention to the plight of Felix Kulov as they left the President's residence.
The head of the Alamdedin Police Department, Batyrkanov Kapar, and his deputy, Ishenbekov Almaz, were both present and ordered the march to be broken up. One of the police officers supposedly provoked the crowd by making inflammatory remarks about Felix Kulov. The members of the law enforcement agencies were armed with truncheons and reportedly used violence during the arrests. Reports state that the arrests were carried out upon the orders of the head of the Chui Provincial Department of the Interior, despite the intervention of a representative of the OSCE in favour of the marchers. On the arrival of this international representative, the police allowed the group of marchers to continue their march, only to block their way again, once the OSCE representative had left. At his point they reportedly arrested several of the demonstrators, taking them to Almedin Department of the Interior.
The 6 persons who were arrested and later tried at the Almedin District Court are: Akunov Tursunbek, Chairman of the Human Rights Movement of Kyrgyzstan; Ibraimov Tynchbek, a relative of Felix Kulov; Sharshenaiev Kanat, mullah and member of Baytik village religious committee; Abdrasulova Aziza, the deputy chairman of the Prisoners' Guild (previously harasesed by security forces, see OMCT Case KRG290102.11); Chonmurunov Arstanbek, Baitik village citizen and supporter of Felix Kulov; and Kadyrov Toktosun, Baitik village citizen and member of the "Ar-Namys" political party .
The following day, 5 of the 6 detainees were sentenced under articles 321 and 392 of the Administrative Code by Judge Svetlana Rustambekova. Akunov Tursunbek, Ibraimov Tynchbek and Sharshenaiev Kanat were fined 1000 soms each; Abdrasulova Aziza and Chonmurunov Arstanbek were both cautioned and Kadyrov Toktosun's case was postponed until 31 October. There are serious reasons to doubt the fairness of the trial that was held on October 30th. The defence lawyers complained during the hearing of complicity between the judge and the pubic prosecutor, Uvalkanova Damira. They claim that the judge left the courtroom with the public prosecutor before making her decision, which likely had an effect on the outcome of her ruling. In addition, defence lawyer Edil Baysalov claims that the decision is invalid as the demonstration took place in the mountains and so the articles of the Administrative Code that regulate street demonstrations cannot be invoked.
The International Secretariat of OMCT is gravely concerned by these reports of violent repression of peaceful demonstrations, the arrest of members of the political opposition and civil society, and the total impunity that is enjoyed by the perpetrators of these acts. OMCT urges the authorities to drop all charges and repeal all sentences handed out to the afore-mentioned persons, as they result from an allegedly unfair trial. OMCT calls upon the Kyrgyz authorities to guarantee the physical and psychological integrity of all peaceful demonstrators, notably in light of the so-called Aksy tragedy in which six demonstrators were killed and some 40 wounded by the police on March 17th, 2002, and to ensure that their rights to the freedom of opinion and assembly are guaranteed.
Brief reminder of the situation
According to the information received, on March 12th, 2000, Felix Kulov lost his campaign for a parliamentary seat in an election that is suspected of having been rigged, following which he was arrested on March 22nd, 2002. There have been a number of demonstrations calling for his release since his arrest, and at present some 77 are engaged in hunger strikes as part of these protests, with at least two persons, the leader of the Democratic Movements in Kyrgyzstan, Chernomores V.V and Onolbaev Adyl having been hospitalised recently as a result of the effects of their hunger strikes.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all persons engaged in peaceful demonstrations in Kyrgyzstan;
ii. order the immediate dropping of charges and repealing of sentences imposed on the afore-emntioned detainess, 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;
iii. guarantee adequate reparation to all injured demonstrators;
iv. order a thorough and impartial investigation into the circumstances of these attacks and arrests in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
v. put an immediate end to the persecution and harassment of the members of political opposition groups and civil society as well as demonstrators;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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: 996 312 661 382, e-mail: pmoffice@mail.gov.kg
· Mr. Daniyar Narymbaev, Minister of Justice, Kyrgyzskaya Respublika, 720040, g. Bishkek, ul. Orozbekova, 37; e-mail: minjust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, November 5th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case KGZ 140600
Arbitrary arrests/Fair trial/Freedom of expression/Independence of the judiciary
Geneva, November 5th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Kyrgyzstan.
New information
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arrest of demonstrators marching in support of imprisoned opposition leader Felix Kulov, in Kyrgyzstan.
According to the information received, on October 29th, 2002, a march from the village of Baitik to the Kyrgyz capital Bishkek, that had been organised to celebrate the birthday of Felix Kulov, a parliamentary candidate detained since elections in March 2000, was blocked and broken up by police. The reports state that 30 members of the Police’s Special Forces (OMON) were deployed, turning the marchers back after they had only travelled for two kilometres. During the confrontation, 6 persons, including members of political opposition groups and civil society, were arrested and later fined. The march was organised to coincide with the Bishkek Global Mountain Summit, in order to draw the delegates’ attention to the plight of Felix Kulov as they left the President's residence.
The head of the Alamdedin Police Department, Batyrkanov Kapar, and his deputy, Ishenbekov Almaz, were both present and ordered the march to be broken up. One of the police officers supposedly provoked the crowd by making inflammatory remarks about Felix Kulov. The members of the law enforcement agencies were armed with truncheons and reportedly used violence during the arrests. Reports state that the arrests were carried out upon the orders of the head of the Chui Provincial Department of the Interior, despite the intervention of a representative of the OSCE in favour of the marchers. On the arrival of this international representative, the police allowed the group of marchers to continue their march, only to block their way again, once the OSCE representative had left. At his point they reportedly arrested several of the demonstrators, taking them to Almedin Department of the Interior.
The 6 persons who were arrested and later tried at the Almedin District Court are: Akunov Tursunbek, Chairman of the Human Rights Movement of Kyrgyzstan; Ibraimov Tynchbek, a relative of Felix Kulov; Sharshenaiev Kanat, mullah and member of Baytik village religious committee; Abdrasulova Aziza, the deputy chairman of the Prisoners' Guild (previously harasesed by security forces, see OMCT Case KRG290102.11); Chonmurunov Arstanbek, Baitik village citizen and supporter of Felix Kulov; and Kadyrov Toktosun, Baitik village citizen and member of the "Ar-Namys" political party .
The following day, 5 of the 6 detainees were sentenced under articles 321 and 392 of the Administrative Code by Judge Svetlana Rustambekova. Akunov Tursunbek, Ibraimov Tynchbek and Sharshenaiev Kanat were fined 1000 soms each; Abdrasulova Aziza and Chonmurunov Arstanbek were both cautioned and Kadyrov Toktosun's case was postponed until 31 October. There are serious reasons to doubt the fairness of the trial that was held on October 30th. The defence lawyers complained during the hearing of complicity between the judge and the pubic prosecutor, Uvalkanova Damira. They claim that the judge left the courtroom with the public prosecutor before making her decision, which likely had an effect on the outcome of her ruling. In addition, defence lawyer Edil Baysalov claims that the decision is invalid as the demonstration took place in the mountains and so the articles of the Administrative Code that regulate street demonstrations cannot be invoked.
The International Secretariat of OMCT is gravely concerned by these reports of violent repression of peaceful demonstrations, the arrest of members of the political opposition and civil society, and the total impunity that is enjoyed by the perpetrators of these acts. OMCT urges the authorities to drop all charges and repeal all sentences handed out to the afore-mentioned persons, as they result from an allegedly unfair trial. OMCT calls upon the Kyrgyz authorities to guarantee the physical and psychological integrity of all peaceful demonstrators, notably in light of the so-called Aksy tragedy in which six demonstrators were killed and some 40 wounded by the police on March 17th, 2002, and to ensure that their rights to the freedom of opinion and assembly are guaranteed.
Brief reminder of the situation
According to the information received, on March 12th, 2000, Felix Kulov lost his campaign for a parliamentary seat in an election that is suspected of having been rigged, following which he was arrested on March 22nd, 2002. There have been a number of demonstrations calling for his release since his arrest, and at present some 77 are engaged in hunger strikes as part of these protests, with at least two persons, the leader of the Democratic Movements in Kyrgyzstan, Chernomores V.V and Onolbaev Adyl having been hospitalised recently as a result of the effects of their hunger strikes.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of all persons engaged in peaceful demonstrations in Kyrgyzstan;
ii. order the immediate dropping of charges and repealing of sentences imposed on the afore-emntioned detainess, 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;
iii. guarantee adequate reparation to all injured demonstrators;
iv. order a thorough and impartial investigation into the circumstances of these attacks and arrests in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
v. put an immediate end to the persecution and harassment of the members of political opposition groups and civil society as well as demonstrators;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with 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: 996 312 661 382, e-mail: pmoffice@mail.gov.kg
· Mr. Daniyar Narymbaev, Minister of Justice, Kyrgyzskaya Respublika, 720040, g. Bishkek, ul. Orozbekova, 37; e-mail: minjust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, November 5th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.