In the perspective of the Co-operation Council between the EU and Kyrgyzstan to be held on 17th July 2001, the International Federation for Human Rights (FIDH) would like to draw your attention on the persistence of grave violations of human rights in the Republic of Kyrgyzstan.
The FIDH receives regular information on the human rights situation in Kyrgyzstan from its member organisation, the Kyrgyz Committee for Human Rights (KCHR); we are very preoccupied by recent developments in Kyrgyzstan, which consist in the strengthening of the executive power and the muzzling of any divergent opinion, through the repression of the opposition, the systematic harassment of human rights defenders and independent media, and the obstacles to the freedom of peaceful assembly. Moreover the regular practice of torture and ill-treatments is still very worrying, as well as the numerous arrests of religious activists.
Since the last presidential election in October 2000, which was widely criticised by international observers and gave rise to flagrant violations of civil and political rights, the situation of political opponents has not improved : Felix Kulov, President of Ar-Narmy Party and the main competitor of President Askar Akaev, was sentenced to 7 years in prison on 22nd January 2001 and has been in detention since then. Topchubek Turgunaliev, leader of Erkindik Party (the second main party), was sentenced to 16 years in prison in September 2000, after an unfair trial based on a fabricated case. Other opponents, and notably Emil Aliev, vice-President of Ar-Narmy Party, Klara Adgibekova, the leader of the Communist Party, and Melis Eshimkanov, President of the National Party, were subjected to judicial harassment, after they demonstrated in favour of freedom of expression at the end of April. More generally, supporters of opposition parties are regularly exposed to persecution, arrests and judicial procedures.
Human rights defenders are also victim of a severe repression, in particular the Kyrgyz Committee for Human Rights (KCHR - a FIDH member organisation), which has been subject to judicial harassment for a long time (1). On 29th May, the property of the KCHR was confiscated in the offices of Bishkek and Talas, following a decision of the Urban Court of Bishkek, which confirmed several former decisions of justice. These confiscations have paralysed the current activities of the organisation. Moreover, the organisation has been obliged to pay numerous fines, which constitutes an obstacle to its actions. KCHR members are also systematically harassed :
Ramazan Dyryldaev, President of the KCHR, and Albert Korgoldoev, the co-ordinator of KCHR for Jalal-Abad region, were obliged to flee their country, respectively in July 2000 and January 2001, after arrest warrants were launched against them. They are now living in exile in Austria and Mr. Dyryldaev manages his organisation from there. The brother of Albert Korgoldoev, Eden Korgoldoev, who replaced him after his departure in exile, was accused of " violation of the established order for organising and conducting gatherings, meetings, street processions and demonstrations ". He was fined 2000 soms on 17th May as a result of an unfair trial.
On 27th June, the KCHR office in Osh was closed down by national security services and its co-ordinator, Mr. Normagan Arkabaev, was arrested and put in custody. He is accused of " slander against the urban and district administration " and is still in detention.
On 12th June, Mr. Adymamat Kadyrbekov, a KCHR member was arrested, beaten by militia men and is now being prosecuted for " use of violence in resistance to authority representatives ". He was set free but still remains under militia surveillance.
Moreover, on 21st November 2000, the Director of Kara-Suu Human Rights Center " Pravosudie Istina ", Ravshan Gapirov, was arrested and put in detention. He was accused with hooliganism, arbitrariness and fraud on the basis of fabricated charges and sentenced to 2 years in prison on 28th February 2001. Thanks to international pressure, his sentence was brought down to a 43 000 som-fine on 3rd May 2001 and he was set free.
As far as independent and opposition media are concerned, the recent events have shown that the trend to muzzle these media which had increased during the pre-electoral period in 2000 has been continuing.
The licenses of 16 new independent newspapers, registered between 9th April and 25th May, were cancelled on 20th June by the Ministry of Justice, who stated that no new media could be created during 5th April to 1st July, period during which all existing media had to be re-registered under the " Ministry of Justice Board Resolution on the issue of mass media registration " (5th April 2001).
The opposition media also face legal harassment through civil or criminal procedures. For instance, the independent newspaper Asaba, obliged to pay a very high fine upon a court decision on 27th December, was declared bankrupt on 20th April by the Bishkek Court of Arbitration and was closed down. This followed a lawsuit launched by a Parliament Member close to President Akaev. Moreover, the publication of Res Publica, a famous opposition newspaper, was suspended on 21st February, for not having paid the total amount of a 200.000 som-fine to which it has been sentenced two years before.
Journalists also face regular pressure aiming at preventing them from criticizing President Akaev and his family. For example, the general editor of the newspaper " Tribuna ", was informed on 8th June that he had to take away any criticism towards Akaev and his family from his newspaper. Some other newspapers have been placed under government control to this aim, like the Vechernii Bishkek newspaper, which had been under pressure since a long time and which was finally bought by Akaev’s family. The Kyrgyz version of the well-known newspaper Res Publica was suspended on 8th June, for having published on 5th May an article of the Guardian about the involvement of Akaev’s wife in the construction the Hayat Hotel in Bishkek. Electronic media have also renounced to make any criticism towards the President in reason of the pressure put upon them.
On 27th June, the desk of Ghana Moon (New Generation), the only independent newspaper in Southern Kyrgyzstan in Kyrgyz language, was searched by national security services, who showed no legal document to justify the search ; the phone line was cut off and the manuscript of an article about corruption of officials was confiscated. The editor was summoned to the offices of the national security department to be interrogated on this article.
On 16th April, Beken Nazaraliev, chief-editor of the independent weekly " Kyrgyz Ruhu " was severely beaten by unknown people. He had already been beaten by the militia during a demonstration in Jalal-Abad, in October 2000.
More generally, infringements of freedom of demonstration can be regularly registered, in violation of Article 16 of the Constitution which states that " Every person in the Kyrgyz Republic shall enjoy the right to assemble peacefully and without weapons, to free meetings and demonstrations ". Recently, meetings in favour of Felix Kulov’s release and pickets in protest against the contract with China stating that " Kyrgyzstan concedes about 125.000 hectares from Kyrgyz territory to China " were broken up by force. Moreover, 1st May demonstrations were prohibited in Bishkek and Jalal-Abad. The persons who however demonstrated were broken up. 5 persons, among which 4 members of KCHR and a member of the " Ata-Meken " party, were sued and sentenced to pay a fine. All these measures of repression are based on the law on demonstrations introduced in 1997 which requires a prior authorisation for public actions.
Acts of ill-treatment and torture are practiced on a regular basis in detention facilities or during arrests. Many innocent people, arrested on the basis of fabricated charges by the militia in order to get bribe, relate acts of ill-treatment. Most of the time, they are intimidated and threatened, so that they do not complain about those acts. Between January and March 2001, the KCHR registered 39 people, who had to be admitted at the hospital as a result of ill-treatment by the militia.
Finally, the persecution of religious activists of the organisation Hizbut-Tahrir is very worrying. According to official information, 200 representatives of this religious party were arrested in 2000 and about 60 have been detained and convicted from the beginning of 2001.
The extremely serious human rights situation described above is reflected in the UN Treaty bodies Concluding observations with regard to Kyrgyzstan. The Kyrgyz Republic ratified the UN Convention Against Torture on 5 September 1997 and both Covenants were ratified on 7 October 1994. The Convention on the Elimination of All Forms of Racial Discrimination was ratified on 5 September 1997, but the second periodic report due on 5 October 2000 is still overdue.
The Concluding Observations of the Human Rights Committee include specific recommendations to the Kyrgyz authorities in order to improve the Human rights situation (2). The same is true with regard to the Concluding observations of the UN Committee Against Torture. Our organisation considers that the discussions on Human Rights(4) under the Partnership and Cooperation Agreement between the EU and Kyrgyzstan should be based on those recommendations, as indicated in the Commission communication on Human Rights and in the Council conclusions on Human Rights from 25 June 2001(5).
In view of the violations described above, the FIDH considers that Kyrgyzstan fails to comply with international human rights standards, notably 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, and violates Article 2 of the Partnership and Co-operation Agreement between the EU and Kyrgyzstan.
Therefore, the FIDH urges the EU to use all the measures available in order to bring progress in the field of human rights and democracy in Kyrgyzstan.
First and foremost, the Cooperation Council of 17 July should be the occasion for the EU and Kyrgyzstan to set up clear objectives for Kyrgyzstan in that field and to condition the financial cooperation with that country under the Cooperation Agreement to the accomplishment of clear progress in relation to those objectives before the next Cooperation committee. Such an approach would be in line with the Commission communication on Human Rights of 8 May 2001 (para 3.1 : "Successful dialogues should include the joint establishment of certain goals depending on local circumstances. These are necessary for both the EU and the partner country to measure progress over time... Discussions between the Commission and the partner country should in particular be linked to the establishment of the EC’s assistance programme").
However if there is no progress and if there is a clear lack of will on the side of the Kyrgyz authorities to achieve progress and to cooperate with the EU to that aim, the adoption of negative measures under the Agreement should definitely be considered, as stated in the Commission communication ( 3.1.2 : "However a prerequisite for success is that these states are genuinely ready to co-operate. The EU should pursue this approach wherever possible, while recognising that in some cases, the third country may have no genuine commitment to pursue change through dialogue and consultation, and negative measures may therefore be more appropriate").
Our organisation also believe that the EU should work with the Kyrgyz Republic along the lines defined in the EU guidelines on torture adopted on 9 April 2001. The FIDH expects the EU to fully implement its human rights policy when meeting its Kyrgyz partner on July 17, especially since no progress have been achieved by the Kyrgyz Republic since the last Cooperation Council, on 11 July 2000. We thank you for your attention and remain,
Sincerely yours,
Sidiki KABA
Président
notes :
(1) See annual report 2000 of the Observatory for the protection of Human Rights Defenders, a joint programme of the FIDH and the World Organisation against Torture (OMCT)
(2) CCPR/CO/69/KYR (July 2000) - extracts :
Para. 20. The Committee is concerned about the intimisdation and harassment, in particular by government officials, of journalists and human rights activists, including members of human rights non governmental organizations, who have been subjected to prosecution, fines and imprisonment. It is especially concerned about the use of libel suits against journalists who criticize the Government. Such harassment is incompatible with the freedom of expression and of the press stipulated in article 19 of the Covenant.
The State party must protect journalists and human rights activists from harassment. It should be ensure that journalists can perform their profession without fear of being subjected to prosecution an libel suits for citicizing government policy or government officials. Journalists and human rights activists subjected to imprisonnment in contravention of articles 9 and 19 of the Covenant should be released, rehabilited and given compensation pursuant to articles 9,5 and 14,6 of the Covenant.
Para. 21. The Committee expresses its concern about the closing of newspapers on charge of tax evasion and in order to secure the payment of fines. It is also concerned about the functions of the National Communications Agency, which is attached to the Ministry of Justice and has wholly discretionary power to grant or deny licences to radio and television broadcasters. Delay in the granting of licences and the denial of licences have a negative impact on the exercise of freedom of expression and the press guaranteed under article 19 and result in serious limitations in the exercise of political rights prescribed in article 25, in particular with regard to fair elections. The tasks and competences of the National Communications Agency should be clearly defined by law, and its decisions should be subject to appeal to judicial authority.
Para 22. The Committee is concerned about restrictions on the holding of public meetings and demonstrations, which exceed those permitted under article 21 and about the lack of appeal procedures in the case of denial of permission.
Para 23. The Committee is concerned about the conduct of the parliamentary elections in the Kyrgyz Republic in March 2000 and in particular about the non-participation of political parties which failed to register one year prior to the elections, or the statutes of which did not explicitly declare an intention to stand for elections.
(3) The State party should take the necessary measures to ensure the enjoyment by all its citizens of the rights provided for in article 25 of the Covenant, taking due account of the Committee’s General Comment No. 25 on article 25 of the Covenant. A/55/44, paras.70-75 (Nov. 1999) : Para. 75 : The Committee recommends that:
(a) The State party amend its domestic penal law to include the crime of torture, consistent with the definition in article 1 of the Convention, and supported by an adequate penalty;
(b) In view of the numerous reports of allegations of torture and ill-treatment by law-enforcement personnel, the State party take all necessary effective steps to prevent these events from occurring;
(c) In order to ensure that the perpetrators of torture and ill-treatment do not enjoy impunity, the State party ensure the investigation and, where appropriate, the prosecution of all those accused of having committed such acts, and ensure that amnesty laws exclude torture from their reach;
(d) The State party continue its reforms in the police, prosecution and judicial institutions to ensure that each is sensitive to their obligations under the Convention; in particular, urgent steps should be taken to ensure the centrality and independence of the judiciary in the penal system, particularly with reference to limited renewable-term appointments, so as to bring them into line with the 1985 Basic Principles on the Independence of the Judiciary and the 1990 Guidelines on the Role of Prosecutors;
(e) The State party take measures to improve prison conditions, taking into account the 1955 Standard Minimum Rules for the Treatment of Prisoners;
(f) Military places of detention and prisons be supervised to ensure that inmates are not maltreated and they, as should everyone, can be represented by counsel at their trials;
(g) The State party consider abolishing the death penalty;
(h) The State party consider making the declarations under articles 21 and 22 of the Convention. Para.
(4)3.1.2 : " Discussions should consider how ratification of the fundamental human rights instruments ... and their effective implementation could be pursued, together with consideration of how UN recommendations should be followed up".
(5)Para 13 : "The Council recommends that respect for human rights and democracy, based on international norms and instruments, particularly those of the United Nations [emphasis added], be promoted through dialogue and co-operation without prejudice to the need to speak out in clear terms against violations of human rights"