Kyrgyzstan
08.03.02
Urgent Interventions

Kyrgyzstan: further developments in the case of Mr. Azimbek Beknazarov

Case KGZ 290102.5
Follow-up to case KGZ 290102
Arbitrary arrest and detention / Torture

Geneva, March 8th, 2002

The International Secretariat of OMCT requests your URGENT intervention in 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, that Mr. Asanbay Jusupbekov has been forced into hiding for having disclosed information regarding the case of Mr. Azimbek Beknazarov, a member of the Kyrgyz Parliament, who has been arbitrarily detained and tortured since January 5th, 2002. Mr. R. Kozukeev and “Azattyk” radio correspondent Mr. R. Abdraimov have reportedly been interrogated and charged for similar reasons. As a result of these announcements Mr. Azimbek Beknazarov is reported as being increasingly subjected to torture, which, it is feared, may result in his death.

According to the information received, Mr. Jusupbekov, who is currently in hiding, was charged under article 329 of the Criminal Code of Kyrgyz Republic for the “dissemination of false and unauthentic information” following his report concerning the ill-treatment and torture to which Mr. Beknazarov has reportedly been subjected while in detention. Since February 21st, 2002, when it was publicly announced that Mr. Juspbekov was being sought by the Kyrgyz authorities, Mr. R. Kozukeev and Mr. R. Abdraimov, along with several other persons whose identities are currently unknown, have also been interrogated in connection with this affair, and have consequently been charged for making an announcement on Jalal-Abad’s “Azattyk” radio about Mr. Beknazarov’s situation. Mr. Beknazarov has reportedly been tortured at the hands of security officials while in captivity at the pre-trial detainment facilities. On March 7th, 2002, parliament members A. Madumarov and B. Asanov were also reportedly summoned for questioning at the General Prosecutor’s Office, and D. Chotonov is also expected to be soon. All the persons who have released information about Mr. Beknazarov’s condition appear to be being charged for their actions. The Kyrgyz authorities are reportedly interested in concealing these facts and discrediting and harassing those who support Mr. Beknazarov.

According to the information received, following these events, Mr. Beknazarov, who is currently being held in isolation at the Jalal-Abad General Department of Internal Affairs under the control of the special services of SNB, is reportedly increasingly being subjected to torture, to the extent that it is thought that his life is in grave danger. Mr. Jusupbekov, Mr. Kozukeev, and deputies Chotonov, and B. Asanov declared after visiting Mr. Beknazarov on February 19th, 2002, that he could hardly move and that he was limping. Mr. Beknazarov was reportedly pressured to announce that he had not been subjected to torture, under the threat of further reprisal. Militia officers were reportedly present during the visits to guarantee his silence. Mr. Jusupbekov has stated that on his first visit, Mr. Beknazarov had complained about being beaten. Access to Mr. Beknazarov is currently very restricted, as not even his wife, Saken Mamakeeva, has been allowed to see him. The reports also state that no independent investigation is being conducted concerning these events, giving rise to fears that the perpetrators of these acts will enjoy total impunity.

According to the information received, on February 19th, 2002, President Akaev reportedly announced on national television that Mr. Beknazarov was arrested according to the law and that there will be a trial, set for March 11th, 2002, but it is feared that due to the suspected political agenda which has likely motivated Mr. Beknazarov’s arrest, he may not be afforded a fair trial. The court hearings began on February 12th, 2002, at the Toktogul District Court, in the Jalal-Abad region, but these have now been postponed until March11th, 2002, due to the defendant’s request to have the presiding judge removed from the case. The trial will now take place at the Kara-Kul Court in the town of Toktogul, Kyrgyzstan.

The International Secretariat of OMCT condemns the ill-treatment and torture to which Mr. Azimbek Beknazarov has reportedly been subjected while in detention, and is gravely concerned for his physical and psychological integrity, especially given the reports that he is now increasingly being subjected to torture. OMCT is gravely concerned about the Kyrgyz authorities’ use of arbitrary arrests, detention and/or harassment of persons connected with or protesting in favour of Mr. Bernazarov, as is the case with Mr. Asanbay Jusupbekov, Mr. R. Kozukeev, and Mr. R. Abdraimov. OMCT is also gravely concerned that Deputy Beknazarov will not be granted a fair trial.

Brief reminder of the situation

According to the information received, Deputy Beknazarov was arrested on January 5th, 2002, and was charged under two clauses of the Kyrgyz Criminal Code: clause 177(2) – abuse of power; and clause 185(2) – deliberate detention of an innocent person, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. It is, however, believed that Mr. Beknazarov’s arrest is largely politically motivated, and is a result of his recent criticism of the Government, most notably the Kyrgyz-Chinese agreement, under which a section of Kyrgyz territory (some 125,000 hectares) was transferred to China, and more recently, he publicly opposed a similar Kyrgyz land transfer to Kazakhstan.

Members of NGOs opposing Mr. Beknazarov’s arrest are increasingly being discredited by the pro-govermental mass media. In parallel, a hunger strike, which started on January 10th, 2002 in protest of these events, still goes on and the number of hunger strikers increases daily. So far, more than 700 protesters have reportedly engaged in hunger strikes in Kyrgyzstan in connection with Deputy Beknazarov’s detention.

Action requested :

Please write to the authorities in Kyrgyzstan urging them to:
i. take all necessary measures to guarantee Deputy Beknazarov’s physical and psychological integrity;
ii. ensure that he be allowed access to his family, legal representation and medical assistance as a matter of urgency;
iii. order a thorough and impartial investigation into the reports of the alleged ill-treatment and torture to which Mr. Azimbek Beknazarov has been subjected, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iv. 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;
v. put an immediate end to the harassment of Mr. Jusupbekov, Mr. R. Kozukeev, Mr. R. Abdraimov and all other persons who are engaged in protesting against Deputy Beknazarov’s detention;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards - notably the right to the freedom of expression and the right to be free from torture, in this case.

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

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

Geneva, March 8th, 2002

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