The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), requests your urgent intervention in the following situation in Kyrgyzstan.
Description of the situation:
According to the information received, on December 20, 2007, Ms. Tolekan Ismailova, Director of the human rights centre "Citizens against Corruption", Ms. Toktaim Umetalieva, head of the Association of Non-Governmental Organisations (NGOs) and Non-Commercial Organisations (NCOs), Ms. Nazgul Turdubekova, leader of the Youth Human Rights group, Ms. Aigul Kizalakova and Ms. Natalia Utesheva, members of the Youth Human Rights Group, as well as Mr. Maxim Kuleshov, leader of the NGO "World, Light, Culture", were arrested along with 27 other activists from different movements, as they were peacefully demonstrating against election irregularities in the neighbourhood of the Jogorku Kenesh parliamentary building. Some of them, including Ms. Tolekan Islamova and Mr. Kuleshov, were injured and brutalised by several policemen, and subsequently forced to enter police vans. Ms. Tolekan Ismailova was taken to the city police department (located on Orozbekova street, n°271), together with the majority of the December-20 demonstrators, who were all placed in pre-trial custody and charged under Article 371 (disobeying policemen) and 392 (violating rules of peaceful processions and demonstrations) of the Code of Administrative Responsibility. Mr. Kuleshov was brought to the Pervomaisky police department of Bishkek, where he was denied medical check-up and access to his lawyer. They were then brought to the Court of First Instance.
Two days before, on December 18, 2007, Ms. Tolekan Ismailova had already been arrested, along with 18 other human rights defenders, including Mr. Mirsujlan Namazaliev and Ms. Jibek Ismailova, members of the Human Rights Centre "Kylym Shamy", while peacefully demonstrating in the Old Square of Bishkek. These activists were subsequently taken to the Militia Office of the Pervomaisky District on the same day, but were denied access to their lawyers. They were charged under Article 392 of the Code of Administrative Responsibility. They were released on the same day, awaiting trial which was scheduled for December 20, 2007.
On December 20, 2007, Ms. Tolekan Ismailova, Ms. Toktaim Umetalieva, Ms. Nazgul Turdubekova, Mr. Maxim Kuleshov, Mr. Mirsujlan Namazaliev, Ms. Jibek Ismailova, Ms. Aigul Kizalakova and Ms. Natalia Utesheva were tried in camera by the Court of First Instance of Bishkek, in spite of their requests to be judged in a public hearing, as provided by the normal procedure. They did not have enough time to organise their legal representation and were convicted of administrative penalties, ranging from fines to seven days’ imprisonment.
In this regard, Ms. Tolekan Ismailova and Mr. Mirsujlan Namazaliev were sentenced to seven days’ imprisonment, while Ms. Nazgul Turdubekova, Ms. Aigul Kyzalakova and Mr. Maxim Kuleshov received a five days’ prison sentence. Ms. Natalia Utesheva and Ms. Toktaim Umetalieva were sentenced to pay a 500 soms’ fine. No information could be obtained regarding Ms. Jibek Ismailova.
All the convicted appealed the decision, and were subsequently released awaiting trial before the Court of Appeal, as provided by the Code of Administrative responsibility.
In the meantime, three lawyers relied upon Article 548-1 of the Code of Administrative Responsibility to submit petitions to the Bishkek inter-District Court, on the illegality and unconstitutionality of various regulations adopted by some State bodies, including the Bishkek city Parliament, regarding peaceful assembly and demonstrations [2].
The Observatory expresses its deepest concern over these acts of judicial harassment, which are clear evidence of the ongoing determination of the Kyrgyz authorities to strike down any dissenting voice in the country, and recalls that as a Participating State of the Organisation for Security and Cooperation in Europe (OSCE), Kyrgyzstan acknowledges that "the [...] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", and recognises "the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States" [3].
Action requested :
Please write Kyrgyz authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of the above-mentioned human rights defenders;
ii. Drop all charges against the above-mentioned human rights defenders since they merely aim at sanctioning their human rights activities and as such are arbitrary;
iii. Put an end to any kind of harassment, including judicial, against all human rights defenders in Kyrgyzstan;
iv. Conform with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its article 1 which provides that "every person has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental liberties at the national and international levels", 6.b, which reads that "everyone has the right, individually and in association with others [...] freely to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms" and 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 discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the [...] Declaration";
v. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Kyrgyzstan.
Addresses:
Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
Mr. Igor Vasilevitch Tchudinov, Prime Minister, Fax: 996 312 218 627
Mr. Bolotbek Nogoybaev, Minister of Internal Affairs, Fax: 996312663031, 996312288788
Mr. Marat Kaipov, Minister of Justice, Fax: 996312663044 / 996312656502
Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21
Embassy of Kyrgyzstan in Brussels, 47 rue de l’Abbaye, 1050 Ixelles, Belgium, Tel: + 32 2 640 18 68 / + 32 2 640 38 83, Fax: + 32 2 640 01 31, Email: aitmatov@infonie.be
Please also write to diplomatic representations of Kyrgyzstan in your respective countries.
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Paris-Geneva, January 16, 2008
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need. The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 20 11 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29