Kyrgyzstan
15.03.02
Urgent Interventions
Kyrgyzstan: OMCT fears that Mr. Azimbek Beknasarov is not being afforded a fair trial
Case KGZ 290102.6
Follow-up to case KGZ 290102
Arbitrary arrest and detention / Torture / Fair trial
Geneva, March 15th, 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 it is feared that Mr. Azimbek Beknasarov is not being afforded a fair trial. The hearings began on March 11th, 2002 in the town of Toktogul, Jalal-Abad Region, Kyrgyzstan.
According to the information received, the trial of Deputy Beknasarov, who has been arbitrarily detained and tortured since January 5th, 2002, began on March 11th, 2002. During the first session, Chief Justice Bolot Mombekov reportedly rejected all the motions raised by Beknasarov and his lawyer, among them, a request to have the judge and Prosecutor Choibek Sydykov removed from the case. Mr. Beknasarov 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 case involving a fight between Mr. Bukeyev and Mr. Kamchibekov, in which Mr. Bukeyev died, but the investigation reportedly showed that Mr. Kamchibekov had acted in self-defence. On the second day of the hearings, 8 out of 48 pages of the Bukeyev-Japaraly Kamchibekov case record, in which Kamchibekov was acquitted from the “murder” charge of Bukeyev, were found to be missing after having been torn out. The pages in question are reported to have contained evidence proving Mr. Kamchibekov’s innocence, as it was on this basis that the criminal proceedings against him were dropped in 1995. Furthermore, it appears that the blame for the missing pages is being placed on Mr. Beknasarov, who is now being charged with attempting to conceal his crime. At the hearing, Mr. Beknasarov and his attorney made a plea for the pages to be restored. The judge allegedly replied that Mr. Beknasarov should be limited to answering questions that accused him. Thus Mr. Beknasarov was reportedly deprived of the right to an equal participation in the trial, and the right to present exonerating evidence.
According to the information received, J. Kamchibekov, who is gravely weakened as a result of torture at the hands of the Kyrgyz authorities, continues to be interrogated as a witness in the trial, and the reported visible traces of the torture to which he has been subjected, notably bruises on his face, have caused further demonstrations to be held in the country, which, inevitably, have led to further arrests. The police reportedly arrested up to 60 peaceful demonstrators in Toktogul and six in Bishkek on March 13th, 2002, who were released later on the same day.
According to the information received, during the hearing on March 13th, 2002, Deputy Beknasarov requested that Mr. Kamchibekov be allowed to be examined by a doctor, but the judge defeated this motion. Mr. Kamchibekov has reportedly been forced, through the use of torture, to make false statements incriminating Deputy Beknasarov, including that they are relatives and that this was the reason behind his acquittal in 1995, which, according to the reports, is not the case in reality. OMCT recalls that Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." The hearings have now been adjourned until March 18th, 2002, and Prosecutor Sydykov has reportedly called for Deputy Beknasarov to be sentenced with seven years’ imprisonment.
The International Secretariat of OMCT is gravely concerned for Mr. Beknasarov and Mr. Kamchibekov’s physical and psychological integrity, especially given the reports that they continue to be subjected to torture. OMCT is also gravely concerned that Deputy Beknazarov is not being granted a fair trial and that his procedural rights are been violated by the authorities. OMCT believes that the trial is politically motivated and that the procedural violations are symbolic of the lack of independence of the judiciary in Kyrgyzstan. OMCT is also 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.
Brief reminder of the situation
According to the information received, it is 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.
Mr. Beknazarov has reportedly been tortured at the hands of security officials while in custody at the pre-trial detention facilities. 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. 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 and Mr. Kamchibekov’s physical and psychological integrity;
ii. order a thorough and impartial investigation into the reports of the alleged ill-treatment and torture to which they have 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;
iii. order that Deputy Beknazarov, Mr. Kamchibekov, and all other persons arrested in connection with this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. put an immediate end to the harassment of the persons who are engaged in protesting against Deputy Beknazarov’s detention;
v. guarantee adequate reparation to Deputy Beknazarov’s, Mr. Kamchibekov’s and all of the protestors who have been injured by the authorities in relation with this case;
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 15th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up to case KGZ 290102
Arbitrary arrest and detention / Torture / Fair trial
Geneva, March 15th, 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 it is feared that Mr. Azimbek Beknasarov is not being afforded a fair trial. The hearings began on March 11th, 2002 in the town of Toktogul, Jalal-Abad Region, Kyrgyzstan.
According to the information received, the trial of Deputy Beknasarov, who has been arbitrarily detained and tortured since January 5th, 2002, began on March 11th, 2002. During the first session, Chief Justice Bolot Mombekov reportedly rejected all the motions raised by Beknasarov and his lawyer, among them, a request to have the judge and Prosecutor Choibek Sydykov removed from the case. Mr. Beknasarov 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 case involving a fight between Mr. Bukeyev and Mr. Kamchibekov, in which Mr. Bukeyev died, but the investigation reportedly showed that Mr. Kamchibekov had acted in self-defence. On the second day of the hearings, 8 out of 48 pages of the Bukeyev-Japaraly Kamchibekov case record, in which Kamchibekov was acquitted from the “murder” charge of Bukeyev, were found to be missing after having been torn out. The pages in question are reported to have contained evidence proving Mr. Kamchibekov’s innocence, as it was on this basis that the criminal proceedings against him were dropped in 1995. Furthermore, it appears that the blame for the missing pages is being placed on Mr. Beknasarov, who is now being charged with attempting to conceal his crime. At the hearing, Mr. Beknasarov and his attorney made a plea for the pages to be restored. The judge allegedly replied that Mr. Beknasarov should be limited to answering questions that accused him. Thus Mr. Beknasarov was reportedly deprived of the right to an equal participation in the trial, and the right to present exonerating evidence.
According to the information received, J. Kamchibekov, who is gravely weakened as a result of torture at the hands of the Kyrgyz authorities, continues to be interrogated as a witness in the trial, and the reported visible traces of the torture to which he has been subjected, notably bruises on his face, have caused further demonstrations to be held in the country, which, inevitably, have led to further arrests. The police reportedly arrested up to 60 peaceful demonstrators in Toktogul and six in Bishkek on March 13th, 2002, who were released later on the same day.
According to the information received, during the hearing on March 13th, 2002, Deputy Beknasarov requested that Mr. Kamchibekov be allowed to be examined by a doctor, but the judge defeated this motion. Mr. Kamchibekov has reportedly been forced, through the use of torture, to make false statements incriminating Deputy Beknasarov, including that they are relatives and that this was the reason behind his acquittal in 1995, which, according to the reports, is not the case in reality. OMCT recalls that Article 15 of the Convention against Torture states: "Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made." The hearings have now been adjourned until March 18th, 2002, and Prosecutor Sydykov has reportedly called for Deputy Beknasarov to be sentenced with seven years’ imprisonment.
The International Secretariat of OMCT is gravely concerned for Mr. Beknasarov and Mr. Kamchibekov’s physical and psychological integrity, especially given the reports that they continue to be subjected to torture. OMCT is also gravely concerned that Deputy Beknazarov is not being granted a fair trial and that his procedural rights are been violated by the authorities. OMCT believes that the trial is politically motivated and that the procedural violations are symbolic of the lack of independence of the judiciary in Kyrgyzstan. OMCT is also 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.
Brief reminder of the situation
According to the information received, it is 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.
Mr. Beknazarov has reportedly been tortured at the hands of security officials while in custody at the pre-trial detention facilities. 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. 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 and Mr. Kamchibekov’s physical and psychological integrity;
ii. order a thorough and impartial investigation into the reports of the alleged ill-treatment and torture to which they have 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;
iii. order that Deputy Beknazarov, Mr. Kamchibekov, and all other persons arrested in connection with this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iv. put an immediate end to the harassment of the persons who are engaged in protesting against Deputy Beknazarov’s detention;
v. guarantee adequate reparation to Deputy Beknazarov’s, Mr. Kamchibekov’s and all of the protestors who have been injured by the authorities in relation with this case;
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 15th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.