Kyrgyzstan
16.05.02
Urgent Interventions

Kyrgyzstan: Arrest of M. Dyryldaev and other KCHR members during a demonstration

URGENT APPEAL – THE OBSERVATORY

KGZ 002/0502/OBS 032
Freedom of expression / Detentions
KYRGYZSTAN
16th May 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 that M. Ramazan Dyryldaev, Chairman of the Kyrgyz Committee for Human Rights (KCHR), M. Alexandr Fomenko and M. Mamasadyk Jakyshev, KCHR lawyers, M. Kachkyn Bulatov, KCHR co-ordinator for Naryn region, and M. Tursunbek Akunov, Chairman of Human Rights Defending Movement of Kyrgyzstan, were arrested this morning, May 16th, 2002 at 9.00 am, together with more than 90 people, during a peaceful demonstration in Bishkek, in front of the Parliament of the Kyrgyz Republic.

According to the information received, all the persons that were arrested are detained in the district department of the Ministry of the Interior in Bishkek. They may face administrative arrest for 15 days. Mr. Dyryldaev and M. Akunov are allegedly accused of breaking the public order.

These arrests are part of a larger political context which has emerged since the arrest of M. Beknazarov, Chairman of the Committee of Judicial and Legal Affairs of the Legislative Council of Parliament, on January 5th, 2002, after he had criticised the Government’s policy concerning the transfer of Kyrgyz territories to China and Kazakhstan (see OMCT appeals KGZ 290102 to KGZ 290102.10). After this date, many demonstrations were organised calling for M. Beknazarov’s release, which occurred after six persons were killed and 40 injured in the violent repression of a demonstration on 17th March, in the village of Asky. On 13th May, Ryskeldi Mombekov, a KCHR co-ordinator in the Talas Region, was arrested for distributing leaflets during a demonstration.

The persons arrested today were protesting against the ratification by the Parliament, on 10th May, of the Agreement signed between Kyrgyzstan and China, according to which a part of Kyrgyz territory was transferred to China, in contradiction with the Kyrgyz Constitution. They were also demanding the truth concerning the identification of the persons responsible for the violent repression of the demonstration that took place on 17th March.

The Observatory is very preoccupied by this situation, in particular by the arrest of M. Dyryldaev, who returned to his country on 16th April 2002, after being in exile in Vienna for almost two years, after an arrest warrant was issued against him on 20th July 2000. Since his return, he has continued his work for human rights and democracy in Kyrgyzstan, in particular by fighting against impunity in the Asky events and by monitoring human rights violations during demonstrations, together with other human rights defenders. The Observatory fears that his participation in this demonstration might be used as a pretext by the authorities to sanction him for his human rights activities.

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. Guarantee the physical and psychological security of KCHR members and other human rights defenders and persons arrested;

ii. Release them in the shortest delay, considering that their arrest is arbitrary since it aims at sanctioning freedom of expression ;

iii. Put an end to all forms of harassment against all members of the KCHR as well as all human rights defenders in Kyrgyzstan ;

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. ”;

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, 16 May 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