Kyrgyzstan
08.08.05
Urgent Interventions
Press release: Kyrgyzstan: After the revolution, time for reforms?
PRESS RELEASE
Upon return from an international mission of investigation
Geneva-Paris, August 8, 2005. The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), sent an international mission of investigation to Kyrgyzstan from 26 June to 6 July 2005. The mission went to Bishkek and to the Western region, more precisely in the cities of Osh, Jalalabad Bazar-Kourgan, Tachkoumyr and Toktogoul, which were chosen because of the presence of Uzbek refugees as well as reports of widespread police violence. Several interviews were organised with representatives of official authorities, local NGOs, independent magistrates and journalists, as well as with international and inter-governmental organisations.
The mission of investigation was held in the particular political context of the preparation of the presidential elections of July 10, 2005, which were expected for launching the march to democracy.
The presidential elections, which the Organisation for Security and Cooperation in Europe (OSCE) called “a tangible change on the road to democracy”, were won by Mr. Bakiev with 88.9% of the votes. Mr. Kofi Annan, United Nations Secretary General, was pleased that the elections were held in a “credible manner”, as they seemed to comply with international standards. However, the Observatory noted that the candidacy of Mr. Bakiev was given preferential treatment. In all the cities visited, a vast majority of the leaflets favoured Mr. Bakiev, and nearly all the local authorities the mission met openly supported him. According to “Journalists”, an NGO that monitored the electronic mass media, Mr. Bakiev would have been given 95% of the speaking time during the election campaign.
Furthermore, the Observatory noted with interest Kyrgyzstan’s commitment towards a constitutional reform, along with the participation of civil society in the draft of the new Constitution. The Observatory also took note of the appeasment of the relations between the government representatives and human rights defenders, which may augur well for the outcome of certain pending cases against associations that had been filed by Mr. Akaev’s government.
Nonetheless, although since the revolution on March 23, 2005 that overthrown the regime of President Askar Akaev, Mr. Kourmanbek Bakiev, interim new President, has made some changes in the government, the mission noted that the practices of the former regime were not completely discontinued.
Regarding freedom of demonstration, human rights defenders obtained a decision from the Constitutional Court on October 14, 2004, repealing as unconstitutional several provisions of the Law of June 22, 2002 on the right of assembly, such as the obligation to apply to the local authorities at least ten days in advance for an authorisation to hold meetings, demonstrations or other events. But as regards the capital city, Bishkek, a decision of the Council of Deputies, dated January 11, 2005, reinstated the obligation to contact the authorities ten days in advance of an event. Although the order is said to be only aimed at “informing” the authorities, the district authorities were instructed to take the necessary steps to put an end to meetings, demonstrations or other events “if public order was disturbed”, and the organisers of the meetings or events were “recommended” to held them in a specifically demarcated area, at the intersection of Koenkozova and M. Ryskoulova streets, near the Gorki monument, where the visibility is limited. The Observatory is also concerned that the police used force and tear gas to break up a peaceful demonstration on June 17, 2005. This is an alarming example of how the new regime is handling demonstrations.
As concerns freedom of expression, one observed a certain progress with freedom of the press: a reform has been launched to free the media of state control. However, access to information remains difficult as local authorities try to hide problems in their regions. For instance, it was nearly impossible for journalists to visit Uzbek refugee camps until international attention was raised. And the management of the TV channel KHTV put pressure on the journalist Mrs. Azima Rassoulova for having scheduled to broadcast her documentary on events at Andijan and Uzbek refugees. Furthermore, the media still have to cope with judicial harassment and prosecution against their journalists for “libel and slander”.
As regards freedom of assembly, local authorities sometimes take advantage of the transition in the central power to levy pressure on NGOs of their regions. And several cases started by the former regime against independent NGOs are still not settled. Thus, the Kyrgyz Committee for Human Rights (KCHR) has still not had the registration of its juridical namesake (which tries to discredit KCHR activities) invalidated.
Moreover, the mission had to study one especially urgent situation, namely, the fate of over 400 Uzbek refugees who, at the time of the mission, were in the refugee camp near Jalalabad, and 29 Uzbeks who were in preventive detention at Osh. During the first days of exile, the Kyrgyz authorities drew up lists of all the refugees and sent them to Uzbekistan. Despite an official request from the Kyrgyz government, what happened to the refugees who have already been delivered to the Uzbek authorities remains unknown.
According to recent information, the UN High Commissioner for Refugees (UNHCR) has transferred certain Uzbek refugees to Romania, pending onward departure to various host countries. The Observatory is pleased with this decision, as long as the refugees are sent to countries that can ensure their safety and respect for their rights. However, the Kyrgyz Prosecutor General, Mr. Beknazarov, did not authorise 15 of the 29 persons being held in preventive detention in Osh to leave the country, announcing that they would be judged in Kyrgyzstan according to laws in effect. On August 1, 2005, the Deputy Prosecutor General confirmed to journalists that these people may indeed be deported to Uzbekistan. The Observatory expresses serious concern for their safety, especially since the Uzbek special services have always demanded that persons detained in Osh be deported immediately. The HCR contacted the government in favour of all Uzbek citizens still being detained in Osh and granted 12 of the 15 detainees official refugee status. The case of the other 3 persons is still pending. The mission appeals to the Kyrgyz authorities to respect the Convention relating to the Status of Refugees and the Convention against torture and other cruel, inhuman or degrading treatment or punishment and in particular, to allow all the refugees to leave the country, and not deliver them to the dictatorial regime in Uzbekistan where torture is commonplace and the death sentence is still being applied.
Other human rights problems that date back to the former regime are still worrying.
The situation of other groups of refugees is alarming, e.g. the Chechens and the Uigurs in particular. In response to pressures from Russia and China, Kyrgyzstan refuses to give the refugee status to these nationalities. While Chechens are authorised to register in Kyrgyzstan, Uigurs are not, which means that they are in the country illegally and, hence, are especially subjected to police harassment. Information on the recent requests from China to extradite eight Uigurs being detained in Kyrgyzstan is most alarming since in the past such extraditions led to the death of certain persons who were delivered to the Chinese authorities.
Police harassment and corruption both in the police and among the judicial corpus remain a major problem in Kyrgyzstan. Low wages of policemen, lack of resources for investigations, and the desire to produce better statistics encourage the police to use force, and torture is often used in the prisons to extort confessions. Magistrates and lawyers who met the mission said that in Kyrgyz investigations, confessions were considered to be the main proof. The Observatory expresses its concern about the almost absolute impunity for the authors of acts of torture.
Finally, the prisoners’ conditions of detention are still very poor. The penitentiary administration is very short of resources since the State only pays 40% of its funding. Because of overcrowding in the prisons, minors are incarcerated together with adults. Besides, an epidemic of tuberculosis has broken out in the prisons.
For more information, please contact: FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 39
KYRGYZSTAN: After the revolution, time for reforms?
Upon return from an international mission of investigation
Geneva-Paris, August 8, 2005. The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), sent an international mission of investigation to Kyrgyzstan from 26 June to 6 July 2005. The mission went to Bishkek and to the Western region, more precisely in the cities of Osh, Jalalabad Bazar-Kourgan, Tachkoumyr and Toktogoul, which were chosen because of the presence of Uzbek refugees as well as reports of widespread police violence. Several interviews were organised with representatives of official authorities, local NGOs, independent magistrates and journalists, as well as with international and inter-governmental organisations.
The mission of investigation was held in the particular political context of the preparation of the presidential elections of July 10, 2005, which were expected for launching the march to democracy.
The presidential elections, which the Organisation for Security and Cooperation in Europe (OSCE) called “a tangible change on the road to democracy”, were won by Mr. Bakiev with 88.9% of the votes. Mr. Kofi Annan, United Nations Secretary General, was pleased that the elections were held in a “credible manner”, as they seemed to comply with international standards. However, the Observatory noted that the candidacy of Mr. Bakiev was given preferential treatment. In all the cities visited, a vast majority of the leaflets favoured Mr. Bakiev, and nearly all the local authorities the mission met openly supported him. According to “Journalists”, an NGO that monitored the electronic mass media, Mr. Bakiev would have been given 95% of the speaking time during the election campaign.
Furthermore, the Observatory noted with interest Kyrgyzstan’s commitment towards a constitutional reform, along with the participation of civil society in the draft of the new Constitution. The Observatory also took note of the appeasment of the relations between the government representatives and human rights defenders, which may augur well for the outcome of certain pending cases against associations that had been filed by Mr. Akaev’s government.
Nonetheless, although since the revolution on March 23, 2005 that overthrown the regime of President Askar Akaev, Mr. Kourmanbek Bakiev, interim new President, has made some changes in the government, the mission noted that the practices of the former regime were not completely discontinued.
Regarding freedom of demonstration, human rights defenders obtained a decision from the Constitutional Court on October 14, 2004, repealing as unconstitutional several provisions of the Law of June 22, 2002 on the right of assembly, such as the obligation to apply to the local authorities at least ten days in advance for an authorisation to hold meetings, demonstrations or other events. But as regards the capital city, Bishkek, a decision of the Council of Deputies, dated January 11, 2005, reinstated the obligation to contact the authorities ten days in advance of an event. Although the order is said to be only aimed at “informing” the authorities, the district authorities were instructed to take the necessary steps to put an end to meetings, demonstrations or other events “if public order was disturbed”, and the organisers of the meetings or events were “recommended” to held them in a specifically demarcated area, at the intersection of Koenkozova and M. Ryskoulova streets, near the Gorki monument, where the visibility is limited. The Observatory is also concerned that the police used force and tear gas to break up a peaceful demonstration on June 17, 2005. This is an alarming example of how the new regime is handling demonstrations.
As concerns freedom of expression, one observed a certain progress with freedom of the press: a reform has been launched to free the media of state control. However, access to information remains difficult as local authorities try to hide problems in their regions. For instance, it was nearly impossible for journalists to visit Uzbek refugee camps until international attention was raised. And the management of the TV channel KHTV put pressure on the journalist Mrs. Azima Rassoulova for having scheduled to broadcast her documentary on events at Andijan and Uzbek refugees. Furthermore, the media still have to cope with judicial harassment and prosecution against their journalists for “libel and slander”.
As regards freedom of assembly, local authorities sometimes take advantage of the transition in the central power to levy pressure on NGOs of their regions. And several cases started by the former regime against independent NGOs are still not settled. Thus, the Kyrgyz Committee for Human Rights (KCHR) has still not had the registration of its juridical namesake (which tries to discredit KCHR activities) invalidated.
Moreover, the mission had to study one especially urgent situation, namely, the fate of over 400 Uzbek refugees who, at the time of the mission, were in the refugee camp near Jalalabad, and 29 Uzbeks who were in preventive detention at Osh. During the first days of exile, the Kyrgyz authorities drew up lists of all the refugees and sent them to Uzbekistan. Despite an official request from the Kyrgyz government, what happened to the refugees who have already been delivered to the Uzbek authorities remains unknown.
According to recent information, the UN High Commissioner for Refugees (UNHCR) has transferred certain Uzbek refugees to Romania, pending onward departure to various host countries. The Observatory is pleased with this decision, as long as the refugees are sent to countries that can ensure their safety and respect for their rights. However, the Kyrgyz Prosecutor General, Mr. Beknazarov, did not authorise 15 of the 29 persons being held in preventive detention in Osh to leave the country, announcing that they would be judged in Kyrgyzstan according to laws in effect. On August 1, 2005, the Deputy Prosecutor General confirmed to journalists that these people may indeed be deported to Uzbekistan. The Observatory expresses serious concern for their safety, especially since the Uzbek special services have always demanded that persons detained in Osh be deported immediately. The HCR contacted the government in favour of all Uzbek citizens still being detained in Osh and granted 12 of the 15 detainees official refugee status. The case of the other 3 persons is still pending. The mission appeals to the Kyrgyz authorities to respect the Convention relating to the Status of Refugees and the Convention against torture and other cruel, inhuman or degrading treatment or punishment and in particular, to allow all the refugees to leave the country, and not deliver them to the dictatorial regime in Uzbekistan where torture is commonplace and the death sentence is still being applied.
Other human rights problems that date back to the former regime are still worrying.
The situation of other groups of refugees is alarming, e.g. the Chechens and the Uigurs in particular. In response to pressures from Russia and China, Kyrgyzstan refuses to give the refugee status to these nationalities. While Chechens are authorised to register in Kyrgyzstan, Uigurs are not, which means that they are in the country illegally and, hence, are especially subjected to police harassment. Information on the recent requests from China to extradite eight Uigurs being detained in Kyrgyzstan is most alarming since in the past such extraditions led to the death of certain persons who were delivered to the Chinese authorities.
Police harassment and corruption both in the police and among the judicial corpus remain a major problem in Kyrgyzstan. Low wages of policemen, lack of resources for investigations, and the desire to produce better statistics encourage the police to use force, and torture is often used in the prisons to extort confessions. Magistrates and lawyers who met the mission said that in Kyrgyz investigations, confessions were considered to be the main proof. The Observatory expresses its concern about the almost absolute impunity for the authors of acts of torture.
Finally, the prisoners’ conditions of detention are still very poor. The penitentiary administration is very short of resources since the State only pays 40% of its funding. Because of overcrowding in the prisons, minors are incarcerated together with adults. Besides, an epidemic of tuberculosis has broken out in the prisons.
Conclusions:
The Observatory urges the new Kyrgyz government:- to guarantee freedom of assembly, expression, opinion and peaceful gathering;
- to guarantee the physical and psychological integrity of all human rights defenders in Kyrgyzstan under all circumstances and to put an end to all forms of intimidation against them;
- to carry out, as quickly as possible, impartial and independent investigations on harassment against some human rights defenders that had been orchestrated by Mr. Akaev regime, and ensure full cooperation between the public authorities, defenders and their organisations;
- to put en end to all cases of police violence and to take disciplinary and criminal actions against perpetrators of such violence;
- to carry through the constitutional reform and to abolish capital punishment as soon as possible (as provided for in Article 18.4 of the Law on the “introduction of amendments and additions to the Constitution of the Republic of Kyrgyzstan”);
- to make a complete and impartial review of all applications for asylum, regardless of nationality, and to guarantee respect for the Convention on the Status of Refugees and the Convention against torture and other cruel, inhuman or degrading treatment or punishment;
- to carry out the required changes in the penitentiary system as rapidly as possible, in conformity with international instruments;
- to comply with the provisions of the Declaration on Human Rights Defenders, adopted by the United Nations General Assembly on 9 December 1998, especially article 1, which states that “Everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels”, and article 12.2 which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discriminations, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
- more generally, to comply, under all circumstances, with the provisions of the Universal Declaration on Human Rights, the International Covenant on Civil and Political Rights and other regional and international human rights instruments ratified by Kyrgyzstan.
For more information, please contact: FIDH: 00 33 1 43 55 25 18 - OMCT: 00 41 22 809 49 39