Kyrgyzstan
11.05.00
Urgent Interventions
Kyrgyzstan: Harassment of activists/legal proceedings
URGENT ACTION - THE OBSERVATORY
KGZ 001 / 0005 / OBS 036
Harassment of activists/legal proceedings
Kyrgystan
11th May 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, has requests your urgent intervention in the following situation in Kyrgystan.
Brief description of the situation :
The Observatory for human rights defenders has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT, of charges, under Article 335 of the Criminal Code, brought against Mr. Mambetaipov, a member of the KCHR.
According to the information received, on May 2nd 2000, Investigator Esenalieva of Pervomai ROVD (district militia department) of Bishkek, charged Mambetaipov with Article 335 of the Criminal Code of the Kyrgyz Republic, concerning illegal actions toward property. Mambetaipov, who is responsible for administrative issues in KCHR, including the maintenance of the property, is forbidden to leave Bishkek city and if charged could face a fine of 100 to 200 minimum monthly salaries or arrest for a term of up to 6 months, or imprisonment for up to two years.
The property in question in fact belongs to Ministry of Agriculture. KCHR offices are at the Agriculture Ministry where they rent a room as a reception dealing with complaints of individuals. The furniture, inventoried on March 24th 1999, and used in accordance with the lease agreement Number 21 of January 1 1999, is, according to KCHR, still in its place.
According to the information received, the assistant of the prosecutor of Pervomai district, as well as the investigator from the Investigations Department of ROVD had previously investigated the circumstances of the case, for which charges have now been brought, and rejected it as a case. However, under pressure from the executive, the case against Mambetaipov was opened on March 24th 2000.
The Observatory believes that these legal proceedings are in fact directed at the KCHR who has previously been subjected to similar attacks. (See 1998 and 1999 Annual Reports of the Observatory) According to KCHR, in addition to these legal proceedings, the Pervomai district court has repeatedly, under the pressure of Cholpon Baekova, Chair of the Constitutional Court, ruled in favour on the same case of Eliseev former acting deputy chair of the KCHR and fired from his position, in December 1997, for creating a bad atmosphere and avoiding fulfilling his responsibilities. KCHR currently faces a fifth attempt by Eliseev for compensation despite a successful appeal by the KCHR in a prior decision by the court. He is claiming compensation for moral damage, estimated at 500,000 soms as well as legal costs. This case is currently in the stage of investigations.
These new events come within the context of a great many other events as part of what seems to be a concerted policy on the part of the authorities, to constantly harass and place obstacles in the work of a legitimate human rights organisation. Previously, in June 1999, the Kyrgyz authorities had unsuccessfully attempted to appropriate the KCHR’s office equipment and furniture for a bogus organisation also named KCHR which was to “re-register” on 21st April 1999 in the place of the real of KCHR. Following international pressure on the government, this attempt was dismissed and on 19th August 1999, the organisation was registered with legal status. It is important to note, however, that KCHR was informed that the granting of the registration could be removed at any time “in case of the commands from upper instances”.
Action requested:
Please write to the Kyrgyz Authorities demanding that they:
i immediately drop the charges against Mr Mambetaipov;
ii. put an end to all forms of harassment of human rights defenders and their organisations, in particular the current legal proceedings against the KCHR and its members;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) 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. »
v. 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 Kyrgystan.
Addresses:
The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627
Geneva, Paris, 11th May 2000
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 : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch
KGZ 001 / 0005 / OBS 036
Harassment of activists/legal proceedings
Kyrgystan
11th May 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, has requests your urgent intervention in the following situation in Kyrgystan.
Brief description of the situation :
The Observatory for human rights defenders has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT, of charges, under Article 335 of the Criminal Code, brought against Mr. Mambetaipov, a member of the KCHR.
According to the information received, on May 2nd 2000, Investigator Esenalieva of Pervomai ROVD (district militia department) of Bishkek, charged Mambetaipov with Article 335 of the Criminal Code of the Kyrgyz Republic, concerning illegal actions toward property. Mambetaipov, who is responsible for administrative issues in KCHR, including the maintenance of the property, is forbidden to leave Bishkek city and if charged could face a fine of 100 to 200 minimum monthly salaries or arrest for a term of up to 6 months, or imprisonment for up to two years.
The property in question in fact belongs to Ministry of Agriculture. KCHR offices are at the Agriculture Ministry where they rent a room as a reception dealing with complaints of individuals. The furniture, inventoried on March 24th 1999, and used in accordance with the lease agreement Number 21 of January 1 1999, is, according to KCHR, still in its place.
According to the information received, the assistant of the prosecutor of Pervomai district, as well as the investigator from the Investigations Department of ROVD had previously investigated the circumstances of the case, for which charges have now been brought, and rejected it as a case. However, under pressure from the executive, the case against Mambetaipov was opened on March 24th 2000.
The Observatory believes that these legal proceedings are in fact directed at the KCHR who has previously been subjected to similar attacks. (See 1998 and 1999 Annual Reports of the Observatory) According to KCHR, in addition to these legal proceedings, the Pervomai district court has repeatedly, under the pressure of Cholpon Baekova, Chair of the Constitutional Court, ruled in favour on the same case of Eliseev former acting deputy chair of the KCHR and fired from his position, in December 1997, for creating a bad atmosphere and avoiding fulfilling his responsibilities. KCHR currently faces a fifth attempt by Eliseev for compensation despite a successful appeal by the KCHR in a prior decision by the court. He is claiming compensation for moral damage, estimated at 500,000 soms as well as legal costs. This case is currently in the stage of investigations.
These new events come within the context of a great many other events as part of what seems to be a concerted policy on the part of the authorities, to constantly harass and place obstacles in the work of a legitimate human rights organisation. Previously, in June 1999, the Kyrgyz authorities had unsuccessfully attempted to appropriate the KCHR’s office equipment and furniture for a bogus organisation also named KCHR which was to “re-register” on 21st April 1999 in the place of the real of KCHR. Following international pressure on the government, this attempt was dismissed and on 19th August 1999, the organisation was registered with legal status. It is important to note, however, that KCHR was informed that the granting of the registration could be removed at any time “in case of the commands from upper instances”.
Action requested:
Please write to the Kyrgyz Authorities demanding that they:
i immediately drop the charges against Mr Mambetaipov;
ii. put an end to all forms of harassment of human rights defenders and their organisations, in particular the current legal proceedings against the KCHR and its members;
iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) 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. »
v. 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 Kyrgystan.
Addresses:
The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627
Geneva, Paris, 11th May 2000
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 : Fax : +033 (0) 1 55 80 83 92
Tel : FIDH 33 (0) 1 43 55 20 11 OMCT +41 22 809 49 39
E-mail : observatoire@iprolink.ch