Kyrgyzstan
16.06.00
Urgent Interventions
Kyrgyzstan: Harassment of activists/legal proceedings
URGENT ACTION - THE OBSERVATORY
New Information
KGZ 001 / 0005 / OBS 036.02
Harassment of activists/legal proceedings
Kyrgystan
16th June 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, requests your urgent intervention in the following situation in Kyrgyzstan.
New Information :
The Observatory for human rights defenders has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT network, of further developments in the legal proceedings against Eleman Mambetaipov, responsible for administrative issues at the KCHR, and Ramazan Dyryldaev, Chairman of the KCHR.
The Observatory is gravely concerned for the physical and psychological integrity of Eleman Mambetaipov who collapsed during his trial on 16th June 2000. The Observatory has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT network, that Mambetaipov, a disabled person of the second category as a result of a weak heart, fell down in court causing the judge to postpone the trial to June 21st 2000.
Mambetaipov is charged with illegal actions towards property. 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. The case was opened on May 2nd, 2000, under Article 335 of the Criminal Code. In this latest development, the judge did not accept all the evidence submitted by the defending party, including the argument that the property in question was still where it should be.
In the case of Dyryldaev, who was informed on 31st May 2000 of a case opened against him on April 7th 2000 by District Prosecutor Toktomambetov under Article 338 of the Criminal Code, the investigator Kojonaliev was addressed with a request to abandon the case because it was initiated unlawfully and is seen as groundless. According to KCHR, Kojonaliev responded that nothing depends on him, because it is an "order" from the Presidential Administration. KCHR believes that Dyryldaev could be arrested at any moment.
Furthermore, Dyryldaev with his lawyer Kamarda brought a complaint for the unlawful actions of the prosecutor Toktomambetov who opened the criminal case to the Pervomai district court and to the city prosecutor. However, judge Abylkasymov and prosecutor Makeshev upheld the decision without considering all the evidence submitted by Dyryldaev and Kamarda and gave their agreement to continue the investigation.
The accusation is related to a complaint made by Eliseev, former acting deputy chair of the KCHR who was fired from his position, in December 1997, for creating a bad atmosphere and avoiding fulfilling his responsibilities. He is claiming compensation for moral damage, estimated at 500,000 soms as well as legal costs. A first trial already took place on May 23rd 1999, when the KCHR was deregistered and replaced by a bogus association, directed by Botaliev (see annual report 1999 of the Observatory). Botaliev, representing the bogus KCHR, said he would pay the compensation. Afterwards however, the Court asked the execution of the decision to Ramazan Dyryldaev, president of the real KCHR, re-registered since then.
Both Mambetaipov and Dyryldaev could face a fine of 100 to 200 minimum salaries, or arrest for a term of up to 6 months, or imprisonment for up to two years.
Brief reminder of the situation
The Observatory believes that this legal proceedings is in fact directed at the activities of KCHR, which has previously been subjected to similar attacks. (See Annual Report 1999 of the Observatory and the appeal KGZ 001/0005/OBS 036). This new event comes within the context of the next presidential elections, during which the KCHR is to act as an independent observer.
The Observatory considers these facts to be a part of a concerted policy on the part of the authorities, to constantly harass and place obstacles in the work of legitimate human rights organisations, and this, in flagrant violation of the Declaration on Human Rights Defenders adopted by the UN General Assembly in December 1998.
Action requested:
Please write to the Kyrgyz Authorities demanding that they:
i immediately drop the charges against Mr Dyryldaev and 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;
iii. 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. »
iv. 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:
The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627
Geneva, Paris, 16th June 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
New Information
KGZ 001 / 0005 / OBS 036.02
Harassment of activists/legal proceedings
Kyrgystan
16th June 2000
The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, requests your urgent intervention in the following situation in Kyrgyzstan.
New Information :
The Observatory for human rights defenders has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT network, of further developments in the legal proceedings against Eleman Mambetaipov, responsible for administrative issues at the KCHR, and Ramazan Dyryldaev, Chairman of the KCHR.
The Observatory is gravely concerned for the physical and psychological integrity of Eleman Mambetaipov who collapsed during his trial on 16th June 2000. The Observatory has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT network, that Mambetaipov, a disabled person of the second category as a result of a weak heart, fell down in court causing the judge to postpone the trial to June 21st 2000.
Mambetaipov is charged with illegal actions towards property. 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. The case was opened on May 2nd, 2000, under Article 335 of the Criminal Code. In this latest development, the judge did not accept all the evidence submitted by the defending party, including the argument that the property in question was still where it should be.
In the case of Dyryldaev, who was informed on 31st May 2000 of a case opened against him on April 7th 2000 by District Prosecutor Toktomambetov under Article 338 of the Criminal Code, the investigator Kojonaliev was addressed with a request to abandon the case because it was initiated unlawfully and is seen as groundless. According to KCHR, Kojonaliev responded that nothing depends on him, because it is an "order" from the Presidential Administration. KCHR believes that Dyryldaev could be arrested at any moment.
Furthermore, Dyryldaev with his lawyer Kamarda brought a complaint for the unlawful actions of the prosecutor Toktomambetov who opened the criminal case to the Pervomai district court and to the city prosecutor. However, judge Abylkasymov and prosecutor Makeshev upheld the decision without considering all the evidence submitted by Dyryldaev and Kamarda and gave their agreement to continue the investigation.
The accusation is related to a complaint made by Eliseev, former acting deputy chair of the KCHR who was fired from his position, in December 1997, for creating a bad atmosphere and avoiding fulfilling his responsibilities. He is claiming compensation for moral damage, estimated at 500,000 soms as well as legal costs. A first trial already took place on May 23rd 1999, when the KCHR was deregistered and replaced by a bogus association, directed by Botaliev (see annual report 1999 of the Observatory). Botaliev, representing the bogus KCHR, said he would pay the compensation. Afterwards however, the Court asked the execution of the decision to Ramazan Dyryldaev, president of the real KCHR, re-registered since then.
Both Mambetaipov and Dyryldaev could face a fine of 100 to 200 minimum salaries, or arrest for a term of up to 6 months, or imprisonment for up to two years.
Brief reminder of the situation
The Observatory believes that this legal proceedings is in fact directed at the activities of KCHR, which has previously been subjected to similar attacks. (See Annual Report 1999 of the Observatory and the appeal KGZ 001/0005/OBS 036). This new event comes within the context of the next presidential elections, during which the KCHR is to act as an independent observer.
The Observatory considers these facts to be a part of a concerted policy on the part of the authorities, to constantly harass and place obstacles in the work of legitimate human rights organisations, and this, in flagrant violation of the Declaration on Human Rights Defenders adopted by the UN General Assembly in December 1998.
Action requested:
Please write to the Kyrgyz Authorities demanding that they:
i immediately drop the charges against Mr Dyryldaev and 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;
iii. 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. »
iv. 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:
The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627
Geneva, Paris, 16th June 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