The International Federation for Human Rights (FIDH) would like to express its deepest concern regarding the current situation in Kyrgyzstan, and notably regarding the continuing repression against the opposition and democratic movements - political opponents, non-governmental organisations, independent media, and demonstrators.
This repression has clearly taken a new turn since the last parliamentary elections (February, 21 and March 12, 2000), when 105 deputies were elected. 90 of those deputies were elected individually and 15 as representatives of political parties.
According to information received from the Kyrgyz Committee for Human Rights (KCHR), many infringements of democratic principles and of the rule of law were witnessed during the elections, resulting in the eviction of major opposition parties and political opponents.
Indeed, nine opposition parties were prevented from participating in the elections before the first round, including the two main opposition parties, Ar-Narmy and El Party, due to very restrictive electoral conditions, resulting from provisions of the new electoral code of May 1999 and extra conditions issued by the Ministry of Justice.
As a result, only the weakest opposition parties were able to run for the elections on the party list. Only two opposition parties won seats at the new assembly, the Communist party (27% of the vote) and Ata Meken (5,6%).
Parallel to the exclusion of political parties, political opponents were arbitrarily removed from the elections as individual candidates, either through the denial of the right to register or through electoral forgery regarding the results.
The second strongest opponent, Daniyar Usenov, leader of El Party, who had been the subject of legal action since January 2000, was de-registered just before the second round, though he had obtained more than 50% of the votes during the first round in his constituency. He was prosecuted for allegedly beating-up a former intelligence officer, in 1996. Another opponent, Mr. Suvanaliev,
was also de-registered before the second round by a Supreme Court decision upholding a decision of Issyk-Kul district court, though he had won in this district during the first round. Two other opponents, Nur Uulu Dosbol and Nomanjan Arkabaev were de-registered through legal action, after winning both rounds in their constituencies.
Some of the opposition candidates were also evicted from the elections through the falsification of their results; for example, Felix Kulov, leader of Ar-Narmy and main political opponent, won both rounds of the elections in the constituency of Kara-Buura but Alymbai Sultanov, the head of the Police of Talas region, was declared the successful candidate.
Electoral forgery was also witnessed in some key constituencies at all stages of the elections: lack of transparency of the results, irregularities concerning the voters’ lists, bribery of the electorate, pressure on the candidates to make them abandon their campaign, pressure on the electorate and on Territorial Electoral Commissions (in the Kara-Buura constituency, the stronghold of Kulov, the chairman of an electoral district even committed suicide under the pressure).
This large crackdown on the opposition has unfortunately not diminished since the parliamentary elections. On the contrary, it appears that every effort is being made to muzzle democratic movement in the preparation of the presidential elections, in October 2000.
Thus, the leaders of the three most important opposition parties of Kyrgyzstan have been continuously subjected to harassment :
On March 22nd, Felix Kulov was arrested in Bishkek and has been detained since then at the pre-trial investigation isolation unit (SIZO) of the National Security Ministry. He first went on hunger strike from March 24th to April 10th, in order to protest about the atrocious conditions of his detention and to ask for a transfer to hospital becuase of his failing health; he began a second hunger strike on May 7th, to protest about the fact that his family were prohibited to bring him food. Mr. Kulov is charged with instigating and being an accessory to official forgery (article 30 of the penal code), abuse of power (article 177), abuse of authority (article 304).
Of particular importance is the fact that his lawyer, Lyubov Ivanova, harassed and threatened many times since the beginning of the proceedings, is not allowed to make public comment relating to the development of the case. Moreover, when Kulov asked for two Russian defence lawyers in April, his request was refused, with reference to the Law " on protection of state secrets of Kyrgyz Republic ". It appears that every effort is being made to hold the proceedings in camera, in order to condemn Kulov at all costs, thereby rendering him ineligible for the approaching presidential elections.
After his deregistration, Daniyar Usenov was arrested on April 5th and released on April 7th. He was tried and convicted on May 16th, and sentenced to three years of colony settlement, with two years of correction. As a result, he is not allowed to change address, has to appear before the Police regularly and most importantly, he is banned from competing in the next presidential elections.
Moreover, his brother, Eldiyar Usenov, is subjected to harassment on the part of the authorities, with the seeming aimof destroying his business, suspected to fund Usenov’s party: his flat was searched on March 16th, during which search his wife was humiliated; five grenades were found, probably planted there in order to charge him.
Furthermore, the coordinator of El Party, Beishaly Kenebaev, was sentenced to seven years’ imprisonment on April 25th. He was arrested in October 1999 and remained in preventive detention until it was possible to trump up some charges of false entrepreneurship and abuse of authority against him - based on the fact that he had failed to reimburse 200 soms (US$4) to a friend.
Finally, a case was opened against Jypar Jeksheev, leader of the Democratic Movement of Kyrgyzstan, who is charged with forgery (article 166 of the Criminal Code) and false entrepreneurship (article 155.1 of the old Criminal Code) for an alleged crime going back to 1994.
These actions, targeting political figures, illustrate the flagrant lack of independence of the judiciary in Kyrgyzstan, and are accompanied by the harassment of non-governmental organisations and independant media, which support democratic reforms in Kyrgyzstan.
Thus, two members of the Kyrgyz Committee for Human Rights (KCHR) are the subject of legal actions (see urgent appeals of the Observatory for the Protection of Human Rights Defenders, a joint programme of the FIDH and the World Organisation Against Torture): Ramazan Dyryldaev, director of the KCHR, is charged under article 338 of the Criminal Code, which relates to non-observance of a court’s judgment, decision or any judicial act. Mr. Mambetaipov, responsible for administrative issues in KCHR, is charged under article 335 of the Criminal Code, concerning illegal actions towards property. These actions aim at sanctioning the activities of the KCHR and at weakening the association.
The NGO’s Coalition for Democracy and Civil Society is also subjected to constant persecution from the authorities, notably its leader, Tolekan Ismaelova, who is regularly followed. The office of the Coalition was searched on April 5th. Both KCHR and the NGO’s Coalition for Democracy and Civil Society are to observe the presidential elections in October.
The Guild of Conscience Prisoners (GCP), comprising of journalists and political figures, was denied registration in May 2000.
As far as the independent media are concerned, the weekly Res Publica is also systematically harassed by the authorities. On March 28th, the office of the paper was searched and its chief-editor, Zamira Sydykova, interrogated, after the publication of a statement in favor of Felix Kulov. The weekly was also fined in a case against the President of the National Radio and Television Corporation. Another newspaper, Delo No, is also continuously harassed, for bringing its support to Kyrgyz democrats.
The authorities’ repression also extends to the demonstrators, who have expressed their discontent regarding the running and the results of the elections, as well as the detention of political opponents.
Numerous daily pickets have taken place to protest the eviction of Usenov from the second round, as well as the arrest and detention of Kulov ; some 20 people even begun hunger strikes in support to Kulov, notably in Talas region and in Bishkek.
Many people have been severely injured and arrested during these demonstrations, including elderly women. Independent journalists, members of NGOs and political parties have been arrested and fined for " participating in an unsanctioned meeting ", under article 352 of the administrative Code or " organising an unsanctioned meeting ". Moreover, the relatives of the people who had begun hunger strikes were harassed.
The FIDH is very concerned by the above infringements which illustrate transgressions of Kyrgyzstan’s international commitments and in particular:
– articles 19, 21 and 25 of the International Covenant on Civil and Political Rights, which enact respectively the rights of expression, peaceful assembly and equal opportunity to take part in the conduct of public affairs,
– the Helsinki Final Act and the Charter of Paris, ratified in the framework of the OSCE - the FIDH recalls that the OSCE noted on February 22nd, 2000, that " the parliamentary elections were not in full compliance with OSCE commitments " and that the OSCE chairperson-in-office said in April, that she was " seriously concerned about reports on the harassment of human rights activists and leaders of the political opposition in Kyrgyzstan ".
These events further contradict the Kyrgyz Constitution, and in particular, article 16 relative to the rights of free expression and peaceful assembly.
In this context, the FIDH calls the highest Kyrgyz authorities to take all necessary measures to immediately stop the current political repression as well as to ensure, in all circumstances, the full respect of fundamental freedoms.
The FIDH particularly urges you to take all appropriate measures to ensure the respect of the physical integrity of the persons being arbitrarily detained by reason of their opinions, notably Felix Kulov, and to free them immediately ; in case of any valid charges against any person subjected to legal action, to ensure that they benefit from a fair and impartial trial.
The FIDH would finally like to underline that the next months are going to constitute a key-period for Kyrgyzstan and that the Kyrgyz authorities should seize the next presidential elections as a unique opportunity to invert the repression and show their will to join the community of democratic States.
We thank you, Mr. President, for your consideration in this matter and remain,
Yours sincerely,
Paris, 19th June, 2000
Patrick BAUDOUIN
President