Kyrgyzstan: Follow-up of case KGZ 050809_Whereabouts of Mr. Sopiev Kanat located_Denial of adequate medical care

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Kyrgyzstan.

New Information

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture Network, that the whereabouts of Mr. Sopiev Kanat (coordinator of KCHR in Issyk-Kul region), who had remained disappeared since 23 July 2009, were located on 14 August 2009 and he is currently detained in pre-trial detention centre (SIZO) in Balykchy. His health condition is reportedly very poor. He would suffer a brain concussion and from aseptic meningitis. Furthermore, due to the beatings he received during his arrest, he would also suffer from kidney problems. Mr. Sopiev Kanat would need an immediate hospitalisation. However, according to the same information received, the authorities are failing to provide him with adequate medical care.

According to the same information received, Ms. Ayzharkyn Asanova, Ms. Gulnaz Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev and Mr. Anarbek Urmanbektov, who were arrested along with Mr. Sopiev Kanat while protesting in front of the administration building in Balykchy on 23 July 2009, were transferred and are also currently detained in pre-trial detention centre in Balykchy pending investigation. Most are still detained incommunicado or with limited access to a lawyer.

The International Secretariat of OMCT is gravely concerned for the safety of Mr. Sopiev Kanat, as his health condition is reportedly critical, as well as for the safety of Ms. Ayzharkyn Asanova, Ms. Gulnaz Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev and Mr. Anarbek Urmanbektov. OMCT fears that they may be subjected to torture or other ill-treatment.

OMCT urges the competent Kyrgyz authorities to guarantee the physical and psychological integrity of all the above mentioned individuals at all times in accordance with international human rights law, in particular the provisions of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights.

Finally, OMCT recalls to the authorities of Kyrgyzstan that no one shall be subjected to arbitrary arrest or detention.

Brief reminder of the situation

OMCT had been informed about the violent arrest of Ms. Ayzharkyn Asanova, Ms. Gulnaz Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev and Mr. Anarbek Urmanbektov as well as of the enforced disappearance of Mr. Sopiev Kanat since 23 July 2009.

According to the information received, on 23 July 2009, Ms. Ayzharkyn Asanova, Ms. Gulnaz Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev, Mr. Anarbek Urmanbektov and Mr. Sopiev Kanat were arrested and severely beaten by police officers while they were protesting in front of the administration building in Balykchy. They were reportedly urging the authorities not to manipulate the votes on the occasion of the presidential elections.

According to the same information, all of them, except Mr. Sopiev Kanat, whose whereabouts was unknown since his arrest, were detained in prison n°3 in Karakol, with reportedly no access to a lawyer or their families. They were charged with “obstruction of the exercise of electoral rights and interference in the work of electoral commission” (article 139 of the Kyrgyz Criminal Code), “mass riots” (article 233 of the Kyrgyz Criminal Code) and “public calls to violent change of the constitutional regime” (article 297 of the Kyrgyz Criminal Code).

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

1. Guarantee, in all circumstances, the physical and psychological integrity of Ms. Ayzharkyn Asanova, Ms. Gulnaz Zhamgyrchieva, Mr. Baktybek Asanakunov, Mr. Sadyr Musabayev, Mr. Kurmanbek Abdykadyrov, Mr. Nurdolo Kozhokmatov, Mr. Mirbek Sagyn, Mr. Salamat Kudaibergenov, Mr. Syrgak Mambetaliev, Mr. Anarbek Urmanbektov and Mr. Sopiev Kanat;
2. Order the immediate transfer of Mr. Sopiev Kanat to a hospital where he can receive adequate medical care;
3. Guarantee unconditional access to a lawyer of their choice and their families, as well as guarantee that they are examined by independent doctors and receives adequate medical care, in accordance, inter alia, with the UN Standard Minimum Rules for the Treatment of Prisoners;
4. Order their immediate release in the absence of valid legal charges that are consistent with international legal standards, or if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
5. Carry out a prompt, effective, thorough, independent and impartial investigation into these reports, in particular the allegation of ill-treatment during the arrest, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;
6. Ensure the respect of human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards.

Addresses

• Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@rhl.bishkek.su
• Mr. Chudinov Igor, Prime Minister, Fax: 996312218627
• Mr. Kongantiev Moldomusa Tashpolotovich, Minister of Internal Affairs, Fax: 996312663031, 996312288788
• Mr. Tursunkulov Nurlan Zhanyshevich. , Minister of Justice, Fax: 996312663044 / 996312656502
• Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Permanent mission of Kyrgyzstan, Rue du Lac 4-6, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

*

Geneva, 21 August 2009

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