Kyrgyzstan
26.07.00
Urgent Interventions
Kyrgyzstan: Harassment of activists/legal proceedings
URGENT ACTION - THE OBSERVATORY
New Information
KGZ 001 / 0005 / OBS 036.06
Harassment of activists/legal proceedings
Kyrgyzstan
26th July 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 has been informed by the Kyrgyz Committee for Human Rights (KCHR) that its office on Ivanitsin Street were unsealed on 24th July 2000 by the militia. Gulhan Borubaeva, member of the KCHR, who was trapped inside has been able to leave and return home safely.
However, Almaz Dyryldaev, son of Ramazan Dyryldaev the Chair of KCHR, is still actively pursued by the militia and there are still grave fears that he may be arrested again.
An arrest warrant still exists for Ramazan Dyryldaev, who is still has not returned to Kyrgyzstan and the legal proceedings against him continue.
The Observatory wishes to reiterate its concern that these legal proceedings and all other acts of intimidation were in fact directed at the activities of KCHR, which have previously been subjected to similar attacks. (See Annual Report 1999 of the Observatory and appeals KGZ 001/0005/OBS 036). More generally, the Observatory considers such actions 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 principle international human rights instruments, and notably the Declaration on Human Rights Defenders adopted by the UN General Assembly in December 1998.
Brief reminder of the situation
The Observatory was KCHR that on 20th July 2000, at around 5pm, about 20 militiamen, who arrived in 5 or 6 cars, surrounded the KCHR office on Ivanitsin Street 123# 87. Thereafter the offices were sealed. There, allegedly under the orders of the investigator of Pervomai ROVD (district militia department), Kojonaliev, they detained Almaz Dyryldaev and for 50 minutes pressured him to open the office. Almaz Dyryldaev was also subjected to an interrogation of one and a half hours by officers of the ROVD, during which he was reportedly beaten up.
From this date Gulhan Borubaeva, who was inside the office during these incidents, remained inside the office alone and could not leave for fear of arrest. During this time she did not receive any food. The office was also placed under surveillance by the militia who also asked neighbours and children to monitor Gulhan’s movements in the apartment.
It is further reported on 20th July 2000 that an arrest warrant had been issued for Mr R. Dyryldaev. Ramazan Dyryldaev had notably recently visited Geneva, Switzerland, to attend the meeting of the United Nations Human Rights Committee which examined Kyrgyzstan.
Furthermore, the Observatory expressed its sincere condolences on the death of the wife of Eleman Mambetaipov, former deputy chair, who was deeply affected by the trial and sentencing of her husband, (see below). More generally, the Observatory recalled that human rights defenders in Kyrgyzstan are being systematically subjected to harassment (threats, legal proceedings, temporary detention, de-registration…); For the last few months, in the context of the presidential elections, the pressure on human rights defenders has increased dramatically.
In particular, the Observatory has been gravely concerned by legal proceedings and harassment against Eleman Mambetaipov and Ramazan Dyryldaev. In the case of Mambetaipov, according to KCHR, on 14th July 2000, Judge Sydykov, of the Pervomai District Court of Bishkek city sentenced Eleman Mambetaipov, former deputy chair of the KCHR and responsible for administrative issues at the KCHR, to one year of imprisonment with a delay to execute the sentence for one year. This means that Mr. Mambetaipov will not be able to leave Bishkek city for one year and must register with the Interior Ministry which will control his movements during this time.
Mambetaipov was charged with illegal actions towards property. The property in question in fact belongs to the 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; Notably, according to KCHR, the court refused to take into account testimony of Mamysh, responsible for economic and administrative issues at the Agriculture Ministry, which proved that the property in question was in its place.
In the case of Dyryldaev, on Thursday 13th July 2000, the legal executor Aidarov, from the Pervomai district court, visited Dyryldaev’s apartment and attempted to make an inventory of his personal property. Also, on 13th July 2000, officers from the Pervomai ROVD (district militia department) visited the offices of the KCHR asking for the whereabouts of Ramazan Dyryldaev and details regarding the action of Eliseev. The Observatory recalls that Dyryldaev faces charges based on a complaint made by Eliseev, former acting deputy chair of the KCHR who was fired from his position in December 1997 when Dyryldaev’s KCHR had been de-registered and replaced by a bogus association directed by Botaliev.
According to the KCHR, the harassment of human rights defenders has increased following a recent visit of the OSCE representative delegation which raised its concern about the harassment of KCHR and R. Dyryldaev with the Kyrgyz authorities. On this occasion, President Akayev declared that he would take appropriate measures to “correct mistakes”.
Action requested
Please write to the Kyrgyz Authorities demanding that they:
i guarantee the physical and psychological integrity of all members of the KCHR and 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 and their families;
ii. 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 E-mail: ghpress2@rhl.bishkek.su
Geneva, Paris, 26th July 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 036.06
Harassment of activists/legal proceedings
Kyrgyzstan
26th July 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 has been informed by the Kyrgyz Committee for Human Rights (KCHR) that its office on Ivanitsin Street were unsealed on 24th July 2000 by the militia. Gulhan Borubaeva, member of the KCHR, who was trapped inside has been able to leave and return home safely.
However, Almaz Dyryldaev, son of Ramazan Dyryldaev the Chair of KCHR, is still actively pursued by the militia and there are still grave fears that he may be arrested again.
An arrest warrant still exists for Ramazan Dyryldaev, who is still has not returned to Kyrgyzstan and the legal proceedings against him continue.
The Observatory wishes to reiterate its concern that these legal proceedings and all other acts of intimidation were in fact directed at the activities of KCHR, which have previously been subjected to similar attacks. (See Annual Report 1999 of the Observatory and appeals KGZ 001/0005/OBS 036). More generally, the Observatory considers such actions 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 principle international human rights instruments, and notably the Declaration on Human Rights Defenders adopted by the UN General Assembly in December 1998.
Brief reminder of the situation
The Observatory was KCHR that on 20th July 2000, at around 5pm, about 20 militiamen, who arrived in 5 or 6 cars, surrounded the KCHR office on Ivanitsin Street 123# 87. Thereafter the offices were sealed. There, allegedly under the orders of the investigator of Pervomai ROVD (district militia department), Kojonaliev, they detained Almaz Dyryldaev and for 50 minutes pressured him to open the office. Almaz Dyryldaev was also subjected to an interrogation of one and a half hours by officers of the ROVD, during which he was reportedly beaten up.
From this date Gulhan Borubaeva, who was inside the office during these incidents, remained inside the office alone and could not leave for fear of arrest. During this time she did not receive any food. The office was also placed under surveillance by the militia who also asked neighbours and children to monitor Gulhan’s movements in the apartment.
It is further reported on 20th July 2000 that an arrest warrant had been issued for Mr R. Dyryldaev. Ramazan Dyryldaev had notably recently visited Geneva, Switzerland, to attend the meeting of the United Nations Human Rights Committee which examined Kyrgyzstan.
Furthermore, the Observatory expressed its sincere condolences on the death of the wife of Eleman Mambetaipov, former deputy chair, who was deeply affected by the trial and sentencing of her husband, (see below). More generally, the Observatory recalled that human rights defenders in Kyrgyzstan are being systematically subjected to harassment (threats, legal proceedings, temporary detention, de-registration…); For the last few months, in the context of the presidential elections, the pressure on human rights defenders has increased dramatically.
In particular, the Observatory has been gravely concerned by legal proceedings and harassment against Eleman Mambetaipov and Ramazan Dyryldaev. In the case of Mambetaipov, according to KCHR, on 14th July 2000, Judge Sydykov, of the Pervomai District Court of Bishkek city sentenced Eleman Mambetaipov, former deputy chair of the KCHR and responsible for administrative issues at the KCHR, to one year of imprisonment with a delay to execute the sentence for one year. This means that Mr. Mambetaipov will not be able to leave Bishkek city for one year and must register with the Interior Ministry which will control his movements during this time.
Mambetaipov was charged with illegal actions towards property. The property in question in fact belongs to the 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; Notably, according to KCHR, the court refused to take into account testimony of Mamysh, responsible for economic and administrative issues at the Agriculture Ministry, which proved that the property in question was in its place.
In the case of Dyryldaev, on Thursday 13th July 2000, the legal executor Aidarov, from the Pervomai district court, visited Dyryldaev’s apartment and attempted to make an inventory of his personal property. Also, on 13th July 2000, officers from the Pervomai ROVD (district militia department) visited the offices of the KCHR asking for the whereabouts of Ramazan Dyryldaev and details regarding the action of Eliseev. The Observatory recalls that Dyryldaev faces charges based on a complaint made by Eliseev, former acting deputy chair of the KCHR who was fired from his position in December 1997 when Dyryldaev’s KCHR had been de-registered and replaced by a bogus association directed by Botaliev.
According to the KCHR, the harassment of human rights defenders has increased following a recent visit of the OSCE representative delegation which raised its concern about the harassment of KCHR and R. Dyryldaev with the Kyrgyz authorities. On this occasion, President Akayev declared that he would take appropriate measures to “correct mistakes”.
Action requested
Please write to the Kyrgyz Authorities demanding that they:
i guarantee the physical and psychological integrity of all members of the KCHR and 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 and their families;
ii. 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 E-mail: ghpress2@rhl.bishkek.su
Geneva, Paris, 26th July 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