Dear Minister of Foreign Affairs,
Dear Commissioner Patten,

In the perspective of the Co-operation Council between the EU and the Republic of Kyrgyzstan to be held on 23 July 2002, the International Federation for Human Rights (FIDH) would like to draw your attention on some particular points of concern regarding the persistence of serious violations of human rights in Kyrgyzstan. In particular since the last Co-operation Council held on 17 July 2001.
On the occasion of this last Council, Kyrgyzstan had "recognized the necessity to further strengthen the process of democratisation". Moreover, the EU and Kyrgyzstan had "unreservedly condemned violence and/or other forms of intimidation against democratic opposition and media". They had agreed to "make every efforts to prevent such incidents from taking place in the future". According to the information that we have received from our member organisation, the Kyrgyz Committee for Human Rights (KCHR), the current repression of political opponents, along with the muzzling of any movement or person criticizing the government, through violent or judicial/administrative means, show that no progress has been made in this regard.
The case of Azimbek Beknazarov, the Chairman of the Parliamentary Committee on Judicial Reform and Legality of the Legislative Council is very illustrative of this general context. Mr. Beknazarov was arrested on 5 January 2002 and a criminal case was filed against him, following his critics of the government's policy on the anti-constitutionality of the transfer of Kyrgyz territories to China and the agreement, on 16 December 2001, on border delimitation signed by both Kazakh and Kyrgyz Presidents. On fallacious grounds, Mr. Beknazarov was charged with "abuse of official position" while serving as investigator of the office of Toktogul regional Prosecutor in 1995. He was released on 19 March due to popular pressure upon the government but was declared guilty of abuse of power and official rank (article 177 of the Criminal Code) and exceeding power or official positions (old Criminal Code), on 24 May 2002, by the Judge of Toktogul District. He was sentenced to one-year imprisonment. He was not put in jail but his case was closed by the Jala-Abad Oblast Court and he was denied the right to appeal.

The new charges brought against Felix Kulov, the main opposition figure and leader of the first opposition party Ar-Narmy, are also a flagrant example of the systematic use of the judiciary to political aims. Felix Kulov had already been sentenced to seven years in prison on 22nd January 2001, he has been in prison since then and his appeal was rejected in November 2001. Felix Kulov was newly charged for embezzlement while serving as Province Governor between 1993 and 1997. After a new trial, which started on 25 December 2001 before the Bishkek Pervomai district Court, Kulov was sentenced to 9 years imprisonment in accordance with articles 88 and 305 of the Criminal Code. As a result and after combining both sentences, Mr. Kulov has to spend 10 years in prison in all. In addition, the judge who had acquitted him in August 2000 in the first steps of the long procedure against him was dismissed by presidential decree on 22 May 2002, after being subjected to many pressures.
Three new legislative measures confirm this repressive trend against any kind of opposition to the executive branch:
In October 2001, the Election Code was amended by the introduction of a new article (article 50) prohibiting NGOs to receive foreign aid dedicated to the purpose of election monitoring. This occurred in the context of the preparation of elections of heads of local authorities, in mid-December, during which local authorities allegedly proceeded to an illegal selection of the candidates through personal interviews with the District Governors.
On 24 May 2002, the President of the Republic introduced a law "About the struggle of political extremism", which should be discussed in spring 2003 by the Parliament. This seems to be a reaction to the increasing mobilization of the Kyrgyz civil society during the last months (pickets, demonstrations, hunger strikes,…). The FIDH fears an arbitrary use of this law against civil society and opposition movements, in the context of a quasi-complete lack of independence of the judiciary and grave infringements to the Rule of Law. The FIDH also notes with concern that the introduction of this law is adding to increasing security measures taken by numerous autocratic countries in the CIS, using the pretext of the fight against terrorism, in particular in the aftermath of the terrorist attacks of 11 September 2001.
In addition, a law on demonstrations, meetings and pickets, introduced by the President of the Republic was approved by the Parliament on 24 June 2002, which provides for the obligation to get the permission from local authorities to held demonstrations. This law, which is the first one on demonstrations since the independence of Kyrgyzstan, seems to have been introduced as a way to legalize the repression of demonstrations and pickets against the authorities, demonstrations which have multiplied in the last months and which have been very severely repressed.
The most flagrant act in this regard occurred on 17 March 2002, when 6 people were killed and 40 seriously injured in the violent repression of a demonstration in the village of Asky (South of Kyrgyzstan), as they were protesting against the arrest and detention of Parliamentarian Beknazarov.
Many demonstrations gathering hundreds of people, which took place afterwards to ask for the identification and sentencing of the persons responsible of these killings, were repressed. Finally, an amnesty law was adopted by the Parliament under the pressure of the government on 28 June 2002, granting impunity to the authors of those acts.
During these demonstrations, members of opposition parties and human rights defenders have been on the frontline. On 14 May, Aziza Abdrasulova, from the Guild of Prisoners of Conscience, was beaten up. On 16 May, 90 persons were arrested before the Kyrgyz Parliament as they were gathering to demand for the truth in the events occurred in Asky, to ask for the acquittal of A. Beknazarov, and to protest against the ratification, on 10 May, of the Agreement between Kyrgyzstan and China, providing for the transfer of Kyrgyz territory to China. Many persons arrested, amongst whom women, were beaten up. Jakishev Mamasadyk, a member of the Kyrgyz Committee for Human Rights, had to spend 20 days in hospital following injuries. Many stayed in detention several hours, including members of opposition parties and human rights defenders such as Ramazan Dyryldaev, President of the KCHR, and Tursunbek Akunov, Chairman of the Human Rights Movement in Kyrgyzstan, as was denounced by the FIDH and the World Organisation Against Torture (OMCT), through their joint programme, the Observatory for the Protection of Human Rights Defenders .
The independent and opposition media also continue to be the target of the repression: on 19 January 2002, a bottle with burning substance was thrown into the editorial office of the independent newspaper Agym through the window, burning two rooms and wounding the guard of the office. Some articles were allegedly prepared on the events linked with the arrest of A.Beknazarov. The Ministry of Justice had registered Agym newspaper in May 2001, but in June 2001 the Ministry had cancelled the registration. The first issue of the newspaper was published only in the end of 2001. Its owner, Melis Eshimkanov, is the Chairman of the People's Party and the former owner of the opposition newspaper Asaba, which was declared bankrupt by the government after several lawsuits in April 2001. No investigation was lead into the event.
Moreover, Samagan Orozaliev, the speaker of a TV programme entitled "Who are you Parliamentarians?" was sentenced to 9 years imprisonment in accordance with article 170 of the Criminal Code by the Court of Jalal-Abad, after some policemen had alleged they had found two rounds of ball cartridges in his car. This decision was confirmed by the Supreme Court on 25 June. Mr. Orozaliev had, amongst others, denounced facts of corruption and bribery by some Parliamentarians.
On 19 May, in the Kyrgyz Technological University, policemen confiscated the newspaper "Republic" as the student Atsel Davletbaeva was distributing it. She was threatened with dismissal from the university.
The FIDH would also like to bring light upon the situation of the Kyrgyz Committee for Human Rights (KCHR), about which the EU had expressed concerns during the last Co-operation Council. After his return from two years in exile in Austria, Mr. Ramazan Dyryldaev, the President of the KCHR, has been subjected to surveillance and intimidation acts, as well as his family.
Moreover, it must be stressed that the KCHR does not benefit from decent working conditions. In 20 March 2001, the office of KCHR headquarters in Bishkek, rented from the Ministry of Agriculture and Water, was sealed and all the equipment thrown on the floor in front of the office door . The organisation has then had to move out from this office and rent another one much more expensive. KCHR has had to face several confiscations of equipment upon judicial decision and illegal searches, including in its regional sections.
In addition, the members of the Committee are still subjected to grave acts of harassment and reprisals. On 20 May 2002, Mr. Kachkyn Bulatov, the co-ordinator of KCHR in the town of Naryn, was arrested during the assault and complete ransacking of his office. He was detained two weeks upon decision of the Judge of Naryn district in accordance with the Administrative Code. During his detention, he was subjected to grave acts of torture and ill treatment. Normagan Arkabaev, KCHR co-ordinator in Osh, harassed since a long time, was arrested on 17 May in Osh, accused of organising an unauthorized meeting and beaten up. He was also detained during two weeks, and has had to leave his position at the KCHR since then.
Finally, the FIDH would like to bring your attention to the persistence of acts of ill-treatment and torture perpetrated by the militia during pre-trial detention, most of the time in order to make people confess crimes that they have not committed. In addition, militiamen subject arrested people or witnesses to numerous acts of extortion of money, blackmail and falsification of criminal charges. The FIDH recalls that the crime of torture is still not included in the Criminal Code, disregarding the recommendations made by the UN Committee on Human Rights in 2000 and by the Committee against Torture in 1999.
In view of the violations described above, the FIDH considers that Kyrgyzstan fails to comply with international human rights standards, especially the provisions of the Universal Declaration of Human Rights, the International Covenant on Civil and Political Rights, the UN Convention Against Torture and the Declaration on Human Rights Defenders. In particular, it violates Article 2 of the Partnership and Co-operation Agreement between the EU and Kyrgyzstan, which states that "Respect for democracy, principles of international law and human rights […] underpin the internal and external policies of the Parties and constitute an essential element of partnership and of the Agreement".

Therefore and in view of the clear lack of political will by the Kyrgyz authorities to further strengthen democracy and the Rule of Law or even to show encouraging signs of progress, the FIDH urges the EU to consider the adoption of "appropriate measures" according to article 92 of the Co-operation Agreement, measures which we believe could even include the suspension of the Co-operation Agreement.
The concentration of powers in the hands of the executive branch in Kyrgyzstan is an evolution shared by numerous countries in the CIS. All means are used by the authorities to stay in power, including the use of the fight against terrorism as a pretext to adopt repressive measures. The FIDH stresses that the obstacles put to any political changeover in Kyrgyzstan, far from guaranteeing stability and security in the region, may well be the source of long-term tensions and potential major crises.

The FIDH expects the EU to fully implement its human rights policy when meeting its Kyrgyz partner on 23 July.

We thank you for your attention and remain,

Sidiki KABA
President of the FIDH