Arbitrary detention of Mr. Ulukbek Osmonov
KGZ 003 / 1207 / OBS 160
Arbitrary detention / Judicial proceedings
Kyrgyzstan
December 5, 2007
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.
Brief description of the situation :
The Observatory has been informed by the Kyrgyz Committee for Human Rights (KCHR) about the arbitrary detention of Mr. Ulukbek Osmonov, member of the Presidential Commission for Human Rights, of the Coalition of NGOs and civil society, and engaged in the monitoring of elections, who was charged under the Criminal Code of Kyrgyzstan.
According to the information received, on November 26, 2007, Mr. Ulukbek Osmonov was arrested in Kazakhstan, where he had fled to after being informed that he was about to be arrested in Kyrgyzstan. Subsequently, the authorities of Kazakhstan handed him out to the Kyrgyz police and Mr. Osmonov was placed in pre-trial detention at the Department of Internal Affairs in the province of Talas, under charges of “use of force against representatives of authorities” and “infringement on life of law enforcement bodies”, for which he faces a life imprisonment sentence.
These criminal charges are related to events of May 26, 2007, in the province of Talas, when the former Prime Minister Almazbek Atambaev visited the province. On this occasion, during a demonstration that was organised to protest against the reopening of a gold mine in Djerui, the car of the Prime Minister was attacked by people who threw stones. M. Osmonov was participating at this demonstration to protest against the working conditions in the gold mine.
Subsequently, a criminal case was opened against 10 participants in the demonstration, but only Mr. Ulukbek Osmonov has, until now, be imprisoned.
The Observatory expresses its deepest concern about the arbitrary detention of Mr. Osmonov, which, in a context where elections for the Kyrgyz parliament of supposed to be held in December 2007, seems to merely aim at sanctioning his activities in favour of the monitoring of elections in Kyrgyzstan.
The Observatory strongly condemns this new act of harassment against a Kyrgyz human rights defender and recalls that as a member-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”[1].
Action requested :
Please write Kyrgyz authorities urging them to:
- guarantee in all circumstances the physical and psychological integrity of Mr. Ulukbek Osmonov;
- ensure his immediate release since his detention is arbitrary as it merely aims at sanctioning his human rights activities;
- Put an end to the harassment against all human rights defenders in Kyrgyzstan;
- 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”;
- 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.Iskender Aidaraliev , 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.
***
Paris-Geneva, December 5, 2007
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
[1] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.