Kyrgyzstan
12.11.01
Urgent Interventions

Kyrgyzstan: sentencing of Samagan Orozoliev, a television journalist, and Muhtar Topchiev to prison terms of nine and eight years respectively in Jalad-Abad

Case KGZ 121101
Fair trial

Geneva, November 13, 2001

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Kyrgyzstan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the sentencing of Samagan Orozoliev, a television journalist, and Muhtar Topchiev to prison terms of nine and eight years respectively in Jalad-Abad, Kyrgyzstan.

According to the information received, Mr. Orozoliev and his driver, Mr. Topchiev, were sentenced on November 1st, 2001, after having been arrested and detained since May 28th. The town court of Jalad-Abad found Messrs. Orozoliev and Topchiev guilty of falsification of documents and a car license plate, illegal storage of weapons, blackmail, and resistance to authorities.

According to the information received, Mr. Orozoliev, accompanied by his driver, had come to Jalad-Abad from Bishkek to prepare a television news report regarding the corruption of local officials. According to Messrs. Orozoliev and Topchiev, the criminal charges filed against them were fabricated by the National Security Services in an effort to silence the airing of their report. Towards this claim, both men state that police officials planted the two ammunition cartridges in their vehicle that allowed them to be charged with storage of weapons. During their trial, the jury also heard the testimonies of Mr. Ergesh Torebaev, son of Parliament deputy and militia captain, Orozmatov Torebaev, along with Messrs. Shaibekov and Sydykov, both directors of two agricultural organizations, all of whom claimed that Mr. Orozaliev and Mr. Topchiev had tried to blackmail them with bribes. According to our sources, there is the alleged existence of corruption within these organizations.

Following their trial, Mr. Orozoliev’s lawyer, Sooronbar Karabaev, reported that he would appeal the court’s decision, however, no further information has been heard since. Since their imprisonment, it has been reported that Mr. Orozoliev and Mr. Topchiev have been subjected to ill-treatment.

The Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Messrs. Orozaliev and Topchiev. Furthermore, OMCT is gravely troubled by the strong indications of the Kyrgyz judicial system lacking in transparency and independence.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Samagan Orozoliev and Mr. Muhtar Topchiev;
ii. guarantee an immediate investigation into the circumstances surrounding their sentencing;
iii. ensure that all law enforcement and judicial agencies conform to international human rights standards;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights norms and standards, in particular the obligations present in the Covenant on Civil and Political Rights, to which Kyrgyzstan is a state party.

Addresses

· The President of the Kyrgyz Republic, Askar Akaev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627 ; E-mail:ghpress2@rhl.bishkek.su

Please also write to the embassies of Kyrgyzstan in your respective country.

Geneva, November 13, 2001

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