Unlawful restriction of property rights of human rights defender Azimjan Askarov.

Newinformation

KGZ001 / 0910 / OBS 109.6

Restrictionof property rights

Kyrgyzstan

August 10, 2017

The Observatory for theProtection of Human Rights Defenders, a partnership of FIDH and the WorldOrganisation Against Torture (OMCT), has received new information and requestsyour urgent intervention in the following situation in Kyrgyzstan.

New information:

The Observatory has been informed by reliable sources about the unlawfulrestriction of property rights ofthe Director of the human rights organisation “Vozdukh” (Air) Mr. Azimjan Askarov, who currently serves alife sentence in the Pre-trial detention centre in Bishkek.

According to the information received, on August 16, 2017, Bazar Korgon DistrictCourt of Jalal Abad Oblast will consider the lawsuit filed by Mr. Azimjan Askarov requesting thecourt to release the family main residence house from seizure[1].

The Observatoryrecalls that on September 15, 2010, the Bazar Korgon District Court had orderedthe confiscation of Mr. Azimjan Askarov’s property as part of a life sentencehanded down against him which was upheld bythe Chuy Regional Court of Kyrgyzstan on January 24, 2017[2]. However,the Penal Enforcement Code of Kyrgyzstan (Annex to the Section VII, Chapter 22)prohibits confiscating convicted person's main residence or the main residenceof convicted person’s family members. Mr. Azimjan Askarov’s house, where hiswife lives, is their only residence and therefore according to Kyrgyz law isnot subject to confiscation and therefore nor to seizure[3].

Since 2010, theProsecutor's Office of Bazar-Korgon District has conducted to several visits inview of confiscating Mr. Azimjan Askarov's house.

On May 25, 2016,shortly after the United Nations (UN) Human Rights Committee (CCPR) requestedKyrgyzstan to release Mr. Azimjan Askarov, the court bailiffs and representatives of the State Property Fund ofKyrgyzstan (SPFK) led a visit at Azimjan Askarov’s house and took photos of theproperty. SPFK explained to Mr. Askarov's wife that they were implementing adecision adopted on April 27, 2016 to execute the confiscation order.

Then Mr.Askarov's lawyer filed a lawsuit before the Inter-district Court of Bishkekrequesting it to declare the abovementioned SPFK decision unlawful. Before thecase was brought to trial, on September 26, 2016, SPFK annulled its decision.

Despite multiplerequests from Mr. Askarov's lawyers, the Office of the Prosecutor General ofthe Kyrgyz Republic has still not released Askarov's house from seizure.

The Observatory thus expresses its concern over theongoing unlawful restriction of property rights of Mr. Azimjan Askarov andconsiders this unlawful measure as a means of harassment and pressure on thehuman rights defender and his family. Furthermore, the Observatory reiteratesits call to implement the UN CCPR Opinion and release immediately andunconditionally Azimjan Askarov.

Background information:

As the Director of the human rights organisation“Vozdukh” (Air), Mr. Azimjan Askarov has been documenting policeill-treatment of detainees and monitoring the human rights situation in theprovince of Jalal-Abad, in particular the mass violence in Bazar Korgon in June2010.

On June 15, 2010, Mr. Askarov was arbitrarilyarrested by agents of Bazar Korgon police department for allegedly having urgedethnic Uzbeks to take the district official Mr. A. Artykov hostage, forhaving ordered the blockade of the Bishkek-Osh highway and for urged to attackpolice officers. One of the attacks caused the death of a policemanMr. Sulaimanov.

On September 15, 2010, following an unfair trial,Mr. Askarov was sentenced to life imprisonment after he was found guiltyof complicity in Mr. Sulaimanov’s murder. The trial was marred withirregularities, including alleged torture and the courtroom intimidation ofwitnesses by police and of lawyers by the audience. Mr. Askarov and theother defendants had pleaded not guilty during the trial. His lawyer,Mr. Nurbek Toktakunov, asked for a medical examination, which was denied.According to family members of the suspects and human rights organisations, allof them were subjected to acts of torture and ill-treatment by prison guards incustody and presented visible physical injuries.

On November 10, 2010, the court of appeal upheld thelife sentence of Mr. Azimjan Askarov following a trial marred byirregularities. At that time the health of Mr. Askarov had alreadyseverely deteriorated.

On January 26, 2011, the defence lawyers requested theSupreme Court to examine and include new evidence in the criminal case,including a testimony made by Ms. Aziza Abdirasulova, Director of the humanrights organisation Kylym Shamy, that showed that, in May 2010,Mr. Azimjan Askarov had warned the authorities that acts of violence werebeing prepared in Bazar Korgon. According to Mr. Azimjan Askarov’s lawyerNurbek Toktakunov, this warning might have triggered the fabrication of thiscase. In addition, defence lawyer Kairat Zagibaev provided evidence showingthat Mr. Askarov was not present at the scene where the incidents tookplace. The Supreme Court accepted the new evidence. On February 8, 2011, thesame Court decided to open an investigation into the conditions of detention inKyrgyzstan, especially in provisional detention centres, and to suspend sinedie the trial against Mr. Askarov. This decision was taken following apetition made by Mr. Nurbek Toktakunov, lawyer of Mr. Askarov, on theappalling conditions of detention of his client and other prisoners in thetemporary detention facilities of Bazar Korgon, which have hampered thepreparation of the defence.

In October 2011, Mr. Askarov’s defence teamconducted a private investigation and gathered evidence pointing to theinnocence of the latter and reporting use of torture and inhuman treatmentagainst him.

On December 20, 2011, the Supreme Court upheld thesentence to life imprisonment. After years of pressure, in May 2013, a newinvestigation was ordered by the Vice Prosecutor General of the KyrgyzstanRepublic, but was closed nine months later for lack of legal basis.

On September 3, 2014, the Supreme Court reversed theBishkek District Court decision of April 30, 2014 which was in favour of are-opening Mr. Askarov’s case. The hearing was marked by acts ofintimidation against Mr. Askarov. It is reported that several unidentifiedindividuals stopped the hearing and brought the convict outside of thecourtroom to talk privately.

On April 21, 2016, the CCPR confirmed that Mr. AzimjanAskarov was tortured, subject to inhuman conditions while in pre-trialdetention and that his trial did not respect minimum international fair trialstandards. The CCPR urged Kyrgyzstan to immediately release Mr. AzimjanAskarov.

On July 11 and 12, 2016, the Kyrgyzstan Supreme Court heard the appeal that had been filed bythe lawyers of Mr. Azimjan Askarovunder Article 41.2 of the Constitution, which obliges Kyrgyzstan to restorehuman rights in the event that international bodies confirm a violation, andordered a fresh appeal hearing before the Chuy Regional Court in Bishkek in thecase of human rights defender Azimjan Askarov, and left his life sentenceconviction unchanged.

On January 24,2017, the Chuy Regional Court of Kyrgyzstan confirmed the life sentence againstMr. Azimjan Askarov following a trial marked by bias and proceduralirregularities, including court refusal to hear some defence witnesses,inaction towards threats and violent behavior of deceased police officer'swife, restrictions to access to the courtroom, failure to investigate credibleallegations of torture and ignoring acts of pressure and intimidation targetingdefence witnesses and lawyers.

Actions requested:

Please write to the authorities ofKyrgyzstan, urging them to:

i. Immediately release Mr. Azimjan Askarov, quash hisconviction and provide him with adequate compensation in accordance with thedecision of the UNCCPR;

ii. Undertake aprompt, impartial and thorough investigation into the claims of ill-treatmentand torture while in prison of Mr. Azimjan Askarov;

iii. Comply with the national legislation regulatingproperty arrest and property confiscation;

iv. Put an end to all acts of harassment, including atthe judicial level, against Mr. Azimjan Askarov and all human rights defendersin Kyrgyzstan;

iv. Ensure in all circumstances respect for humanrights and fundamental freedoms in accordance with international human rightsstandards and international instruments ratified by Kyrgyzstan.

Addresses :

· Mr. Almazbek Atambaev,President of the Kyrgyz Republic, Chuy Ave, 205, Bishkek, Kyrgyzstan Tel: +996 312 63 91 17, Fax: +996312626191

· Mr. Ulan Israilov,Minister of Internal Affairs, Frunze st. 469, Bishkek, Kyrgyzstan, Tel: +(996312) 26 60 54, Fax: + 996312682044 / + 996312623853, email: secretariat@mvd.kg

· Mr. Uran Akhmetov,Minister of Justice, 32 M. Gandi Str., 720010 Bishkek, Kyrgyzstan, Tel: +996(312) 656490, Fax: +996 (312) 656502, email: jm.26@mail.ru

· Ms. Indira Joldubayeva,General Prosecutor Office, 39 Erkindik Avenue, 720040 Bishkek, Kyrgyzstan ,Tel:+996 (312) 663373, Fax: +996 (312) 661734

· Permanent Mission ofKyrgyzstan to the United Nations in Geneva, Avenue Blanc 51 (3rd Floor) 1202Geneva, Tel: +41 22 707 92 20, Email: kyrgyzmission@bluewin.ch, Fax: +41 22707.92.21

· Embassy of Kyrgyzstan inBrussels, Abdijstraat 47 1050 Brussels, Belgium, Tel: + 32 2 640 18 68 / + 32 2640 38 83, Fax: + 32 2 640 01 31, Email: aitmatov@infonie.be

Please also write to diplomatic representations of Kyrgyzstan in yourrespective countries.

***

Paris-Geneva, August 10, 2017

Kindlyinform us of any action undertaken quoting the code of this appeal in yourreply.

The Observatory,a FIDH and OMCT venture, is dedicated to the protection of Human RightsDefenders and aims to offer them concrete support in their time of need.

To contact the Observatory, call theemergency line:

· E-mail: Appeals@fidh-omct.org

· Tel and fax FIDH + 33(0) 1 43 55 25 18 / +33 1 43 55 18 80

· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] A seizure is a preventive measure to secure the execution of a court order toconfiscate property.

[2] Seethe Observatory Press Release on January 24, 2010.

[3] Article 119 Part 4 of the Criminal Procedure Code ofKyrgyzstan stipulates that seizure cannot be imposed on property that is notsubject to confiscation.