Kyrgyzstan
08.05.03
Urgent Interventions

Kyrgyzstan: disappearance of Tynshtykbek Dulatov

Case KGZ 060203.1
Follow-up of Case KGZ 060203
Arbitrary detention / Incommunicado detention / Forced disappearance / Risk of torture

Geneva, May 8th, 2003

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 disappearance of Ar-Namys party member and former Bishkek City public referendum monitoring staff member Tynshtykbek Dulatov in Kyrgyzstan.

According to the information received, on April 30th, Tynshtykbek Dulatov, a member of the Ar-Namys party, disappeared. Mr. Dulatov had reportedly left his house after being summoned to a May 2nd meeting with Zoya Kojobekova, an investigator with the Bishkek City Department of the Interior, and his whereabouts remain unknown since this time.

Mr. Dulatov had been invited for interrogation by Ms. Kojobekova regarding a criminal kidnapping charge lodged in February 2003, and there are fears that he is being detained in connection with those charges. Mr. Dulatov was a member of the Bishkek City public referendum monitoring staff in February 2003 overseeing the vote on the new Constitution. On the day of the vote, Mr. Dulatov, who was investigating voting fraud, reportedly asked a young man, who had been with a group of other voters being transported around to various polling stations by city officials, to speak with him at the local election monitoring office. At that time city officials reported the incident as a kidnapping. Mr. Dulatov and several other monitors were arrested and held for several hours before they were released (see information below). The young man admitted to voting multiple times, as directed by city officials. After Ar-Namys reported the fraud, the young man stated that he had been kidnapped and charges were filed against Mr. Dulatov. The young man reportedly withdrew his complaint, but was then committed to a state mental hospital. After two weeks in the hospital, he had changed his testimony again, claiming that he had been kidnapped.

Members of the opposition believe that Mr. Dulatov's disappearance is politically motivated. The Kyrgyz government has attempted to destroy the Ar-Namys party. The head of the Ar-Namys could pose a serious challenge to the current President in an election. The party leader, however, is currently serving a ten-year prison sentence. Other Ar-Namys members have been threatened and bullied into leaving the party. In May 2002, 80 protesting Ar-Namys members were detained by the police, and were only released after pressure, notably from the Organization for Security and Cooperation in Europe (OSCE).

OMCT is gravely concerned by Mr. Dulatov's disappearance and the possibility that he may be being held incommunicado. It is feared that Mr. Dulatov is at risk of being subjected to ill-treatment and/or torture during this time. OMCT calls on the Kyrgyz government to immediately locate Mr. Dulatov and to guarantee his physical and psychological integrity at all times. OMCT also calls for the Kyrgyz authorities to order his immediate release in the absence of valid legal charges against him that are in line with international law, or, if such charges exist, for him to be receive a prompt and fair trial. OMCT calls upon the Kyrgyz government to end the harassment towards opposition groups in Kyrgyzstan.

Brief reminder of the situation

On February 3rd, 2003, members of the Bishkek City public referendum monitoring staff were arbitrarily arrested and detained, and the deputy head of the staff, J. Jeksheev, was beaten and held incommunicado.

President Akaev was reportedly seeking over 70% support for the new Constitution in a referendum, which our sources claim will consolidate his position in power and diminish any hopes for an end to the impunity of State officials that have perpetrated human rights violations, including arbitrary arrests, incommunicado detentions, ill-treatment, torture and even killings, against opponents to the current regime.

About 20 staff members from the Bishkek City monitoring staff including “Ar-Namys” party members: Balalinov and T. Dulatov; “Ata Meken” party leaders: O.Tekebaev, D.Chotonov and " Erkin Kyrgyzstan" party leader, B. Asanovwere were arrested during a visit to a voting area on February 3rd. Victor Chernomores, the head of the monitoring staff reported that the members of the monitoring group reportedly received a phone call regarding a violation of the voting process from one of their observers but were arrested when the went to investigate the complaint. They were allegedly held on charges of "kidnapping" one of the voters. According to Chernomores, the staff members were investigating the possibility that one young man had voted more than once.

On February 4th, 2003, the offices of the organization of observers, located in the "Ar-Namys" party office were blocked by Special Forces of National Security Service and Ministry of Internal Affairs officials, who were reportedly also engaged in the surveillance of all visitors to this office.

The Kyrgyz Committee for Human Rights reported that the referendum should be deemed illegal because of the violations of the electoral process. Multiple voting, voting without registration, voting from home, forced and/or bribed voting, and the reported voting by a deceased person are all electoral violations likely to have significantly influenced the final results of the referendum.

Action requested:

Please write to the authorities in Kyrgyzstan urging them to:

i. immediately locate Mr. Tynshtykbek Dulatov’s whereabouts and take all necessary measures to guarantee his physical and psychological integrity;
ii. order his immediate release in the absence of valid legal charges, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. put an immediate end to the persecution and harassment of the political opposition groups in Kyrgyzstan;
v. 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: 996 312 661 382, 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, May 8th, 2003

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.