Kyrgyzstan
02.09.03
Urgent Interventions

Kyrgyzstan : new acts of harassment against KCHR

URGENT APPEAL - THE OBSERVATORY

KGZ 002/0803/OBS 044
Harassment / Fear for safety
Kyrgyzstan
September 2nd, 2003


The Observatory for the protection of human rights defenders, a joint
programme of FIDH and OMCT, requests your urgent intervention in the
following situation in Kyrgyzstan :

Description of the situation:

The Observatory has been informed by the Kyrgyz Committee for Human
Rights (KCHR), a member organisation of the FIDH and the OMCT, of new
acts of harassment against the KCHR and its Chairman, Mr. Ramazan
Dyryldaev.

According to the information received, on August 14th, 2003, a
courier brought a letter dated August 13th, to KCHR office from the
Ministry of Justice, signed by the deputy Minister Alymbaev N., in
which the Ministry ordered KCHR to apply for a new registration
within ten days in accordance with the new version of the
Constitution that was adopted on February 2nd, 2003, and the Law "On
non-commercial organizations" adopted on October 15th, 1999.
According to the Ministry of Justice, this registration is required
due to the inconsistency of some provisions of KCHR's Charter with
the Constitution and the Law on NCOs (Non-Commercial Organizations).

The Observatory is concerned by this request, since in August 1999,
Mr. E. Mamyrov, Deputy Justice Minister, had notified members of the
KCHR that the organization had been re-registered and had once again
legal status (this occurred after a ten-month period, during which
KCHR had been de-registered by the same Ministry).

Moreover, on August 25th, during a press-conference in AkiPress,
former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and
others, declared that they dismissed Mr. Dyryldaev from the position
of chair of KCHR and selected Mr. Tynaliev as the new chairman.

The Observatory notes that Mr. Dyryldaev was legally re-elected as
KCHR Chairman by KCHR members on 11 May 2003. Moreover, it should be
noted that acting members of KCHR and its Board of Directors did not
participate in this conference and that according to KCHR Charter,
only a majority of the Board of Directors or Chair have the right to
call meetings. Among the participants there were no acting members of
the Board of Directors : only former members, who are supported by
the government, participated in this conference. Finally, it should
be noted that a room in a cinema was provided to them for the
conference while KCHR never has an opportunity to gain access to a
room for holding conferences or assemblies. Therefore this conference
is considered as being illegal by KCHR.

Moreover, it is reported that, after the press conference, Mr.
Tynaliev tried to beat Mr. Giyaz Tokombaev, a son of Mr. Dyryldaev
and Mr. Doolot Nusupov, a collaborator of KCHR. When those present
started to shout, he left Mr. Tokombaev. Later, Mr. Tynaliev called
Mr. Tokombaev several times on a phone and assaulted him including
with death threats. He announced that he will confiscate, with the
support of the government, all the property of Mr. Dyryldaev. Mr.
Tynaliev also declared that he is supported by the General Attorney,
the administration of the President and special services.

According to the information received, Mr. Tynaliev, voluntarily left
KCHR more than one year ago and Mr. Mombekov and Mr. Jakishev were
dismissed by KCHR for activities beyond KCHR mandate.

Finally, on August 1st, Mr. Bulatov, a former coordinator of KCHR in
Naryn oblast, who also had been dismissed by the KCHR for activities
beyond of its mandate, was restored by Pervomaiskii Court in February
2003, to work in KCHR without the participation of the representative
from KCHR, who would have provided proof of circumstances of
dismissal.

These acts against the KCHR are part of a constant strategy of
harassment against human rights defenders in the course of their
duties. The Observatory fears that these manoeuvres, which aims are
visibly to disturb and to discredit the activities of the KCHR, may
be instrumentalized by the authorities to hinder the work of the
KCHR, as it already occurred in the past on several occasions.

The observatory recalls 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"(article 1) and "everyone has the right,
individually or in association with others, to solicit receive and
utilize resources for the express purpose of promoting and protecting
human rights and fundamental freedoms through peaceful means"(article
13).

Action requested:

Please write to the Kyrgyz authorities urging them to :

i. Guarantee in all circumstances the physical and psychological
integrity of Mr. Ramazan Dyryldaev and Mr. Giyaz Tokombaev;

ii. Put an end to the harassment directed at the Kyrgyz Committee for
Human Rights, Mr. Ramazan Dyryldaev and all human rights defenders in
Kyrgyzstan, and ensure that they be allowed to carry out their work
without hindrance;

iii. Ensure the implementation of the provisions on the Declaration
on Human Rights Defenders adopted by the UN general Assembly on
December 9th1998, in particular
article 1 which states 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", as well as its article 12.1 which
stipulates that "everyone has the right, individually or in
association with others, to participate in peaceful
activities against violations of human rights and fundamental
freedoms";

iv. Guarantee the respect of human rights and fundamental freedoms in
accordance with the Universal Declaration on Human Rights and other
international instruments
ratified by the Kyrgyz Republic.

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. Nikolai Tanaev, Prime Minister, Fax: 996 312 218 627

Mr. Kurmanbek Osmonov, Minister of Justice, Fax: 996 312 663 044



Paris - Geneva, September 2nd, 2003

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

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:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch