KGZ 001 /0220 / OBS 010

Attacks / Harassment / Threats

Kyrgyzstan

February 6, 2020

The Observatory for the Protection of Human Rights Defenders, a partnership ofFIDH and the World Organisation Against Torture (OMCT), requests your urgentintervention in the following situation in Kyrgyzstan.

Description of the situation:

The Observatoryhas been informed by reliable sources about an attack and threats against Ms. Cholpon Dzhakupova and otherrepresentatives of the non-governmental human rights organisation “Legal clinic‘Adilet’” (Adilet)[1] during a public discussion of a controversial draft law amending thecurrent legislation on non-governmental organisations.

Accordingto the information received, on January 29, 2020, representatives of the Adiletconvened a roundtable to facilitate public discussion of the draft law № 6-28018/19,which was introduced to the Parliament of Kyrgyzstan (Jogorku Kenesh) inDecember 2019.[2] Adilet had earlier criticized the proposed amendments in media and onits website as tightening the State control over the nonprofit sector andundermining the freedom of association in Kyrgyzstan.[3]

At9 am on January 29, 2020, just prior to the beginning of the roundtable, agroup of 11 unknown individuals attempted to break into the conference room ofthe “Europa Hotel” in Bishkek, where the event took place. The perpetratorswere shouting threats and insults directed at employees of Adilet, securing theentrance, and their attempts to get in persisted for more than two hours. Around11.30 a.m., the perpetrators managed to break in pushing away the employees of Adilet.One of the employees sustained bruises as a result of the assault. Afterentering the room, the perpetrators started threatening the employees withphysical attacks — including by menacing to beat them with bricks andarmatures, — and with the dissemination of false messages alleging that Adiletemployees belong to the LGBT+ community and thus promote LGBT+ rights; asensitive field of work association with which could cause a violent backlashagainst human rights defenders among the general public. They also shoutedinsults at the director of the Adilet Ms. Cholpon Dzhakupova and other participants, including theOmbudsman of the Kyrgyz Republic, Mr. Tokon Mamytov and Ms. Asel Arzybaeva, theRepresentative of the President’s Office. The representatives of the UnitedNations Development Programme office in Kyrgyzstan, the Office of the UnitedNations High Commissioner for Human Rights, German and the United Statesdiplomatic missions present at the event witnessed the assault. Partly, the incidentwas captured on video by the attendees of the event and a number of Kyrgyzmedia published them.[4]

TheObservatory is particularly concerned with inaction of the authoritiesregarding the protection of Adilet members: one of the attendees called thepolice, however police officers remained at the venue for 20 minutes and left,without taking any concrete measures in securing the safety of participants ofthe round table, including by arresting the assailants. As of the date ofpublication of this Urgent Appeal, the identities of these individuals remainunknown, however, they presented themselves as civil society activists andclaimed that they received information about the roundtable from one of theauthors of the draft law, deputy Mr. B. Raiymkulov. On January 30, 2020, Adiletlodged a complaint before the Internal Affairs Office of the SverdlovskDistrict of Bishkek requesting impartial investigation into the case and urgingthe authorities to ensure the safety of the human rights defenders employees ofAdilet. The authorities registered the complaint in the appropriate manner.

TheObservatory fears that these attacks constitute a reprisal for the criticalattitude of Adilet and its employees towards the legislation, including theabove mentioned draft law, which limits the independence of civil societyorganisations. The attack against the human rights defenders seems particularlydisturbing against the backdrop of systematic attempts by the Kyrgysauthorities to tighten State control over civil society and the rising numberof far-right groups harassing civil society activists and independentjournalists.

TheObservatory strongly condemns the attack against the Adilet members and theinaction of the authorities regarding the increasing attacks, acts ofharassment and provocations against human rights defenders, and urges the Stateto take swift and stern measures to reverse the current trend detrimental tothe independence of the civil society and democracy in Kyrgyzstan.

Actionsrequested:

Please write to the authorities ofKyrgyzstan asking them to:

1. Guarantee under all circumstances the physical integrity and the psychological well-being of Ms. Cholpon Dzhakupova, all the members of the Adilet and the other civil society actors who were attacked during the above-mentioned event;

2. Put an end to all forms of harassment against Ms. Cholpon Dzhakupova, the other members of the Adilet, and all the human rights defenders in Kyrgyzstan;

3. Carry out a transparent, impartial, immediate and thorough investigation into the above-mentioned attack in order to identify all those responsible, bring them before an independent tribunal, sanction them as provided by the law and provide the victims with effective remedies;

4. Ensure that human rights defenders and human rights organisations are able to carry out their legitimate activities without any hindrance and fear of reprisals;

5. Stay the course of engagement and liberalisation of civil society and abandon the attempts to tighten the control over the civil society actors;

6. Withdraw the above mentioned draft law № 6-28018/19 from December 30, 2019, as contrary to the State’s domestic and international obligations;

7. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular its Articles 1 and 12;

8. 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. SooronbayJeenbekov, President of the Kyrgyz Republic, Chuy Ave, 205, Bishkek, KyrgyzstanTel: +996 312 63 91 17, Fax: + 996312626191;

· Mr. KashkarJunushaliev, Minister of Internal Affairs, Frunze st. 469, Bishkek, Kyrgyzstan,Tel: +(996 312) 26 60 54, Fax: + 996312682044 / + 996312623853, email: secretariat@mvd.kg;

· Mr. MaratDzamankulov, Minister of Justice, 32 M. Gandi Str., 720010 Bishkek, Kyrgyzstan,Tel: +996 (312) 656490, Fax: +996 (312) 656502, email: jm.26@mail.ru;

· Ms.Otkurbek Dzhamshitov, General Prosecutor Office, 39 Erkindik Avenue, 720040Bishkek, Kyrgyzstan,Tel: +996 (312) 663373, Fax: +996 (312) 661734;

· PermanentMission of Kyrgyzstan to the United Nations in Geneva, Avenue Blanc 51 (3rdFloor) 1202 Geneva, Tel: +41 22 707 92 20, Email: kyrgyzmission@bluewin.ch,Fax: +41 22 707.92.21;

· Embassyof Kyrgyzstan in Brussels, Abdijstraat 47 1050 Brussels, Belgium, Tel: + 32 2640 18 68 / + 32 2 640 38 83, Fax: + 32 2 640 01 31, Email:aitmatov@infonie.be;

· Mr. MamytovTokon Bolotbekovich, Kyrgyz Republic Akyikatchy (Ombudsman), +996 (312) 66-32-80ombudsman@inbox.ru;

· MsBolormaa Amgaabazar, World Bank Representative in the Kyrgyz Republic,niosipenko@worldbank.org, dpccsecretariat@outlook.com;

· Mr. MichaëlRoux, French Ambassador to Kyrgyzstan, Embassy’s coordinator Guzel, Email :guzel.ishenova@diplomatie.gouv.fr;

· Ms.Natalia Gherman, Special Representative of the United Nations Secretary-Generalfor Central Asia, @Natalia_Gherman / press contact: muhiyeva@un.org;

· Mr. PeterBurian EU Special Representative for Central Asia, @EUSR_CA;

· Mr. EduardAuer, Head of EU Delegation, Eduard.AUER@eeas.europa.eu;

· Mrs.Charlotte Adriaen, Head of Cooperation of the Delegation of the European Unionto the KR, charlotte.ADRIAEN@eeas.europa.eu.

Please also write to diplomatic representations ofKyrgyzstan in your respective countries.

***

Paris-Geneva, February 6 2020

Kindly inform us of any action undertaken quoting thecode of this appeal in your reply.

The Observatory for the Protectionof Human Rights Defenders (the Observatory) was created in 1997 by FIDH and theWorld Organisation Against Torture (OMCT). The objective of this programme isto intervene to prevent or remedy situations of repression against human rightsdefenders. FIDH and OMCT are both members of ProtectDefenders.eu, theEuropean Union Human Rights Defenders Mechanism implemented by internationalcivil society.

To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29

[1] Public Foundation“Legal Clinic “Adilet” is a one of the largest human rights organizations inKyrgyzstan. Founded in May 2002, it employs around 20 lawyers andattorneys-at-law supported by a developed volonteer network. Since 2010, theAdilet is organisation member of the FIDH. The mission of the organisation ishuman rights protection and promotion of democratic values and the rule of law.

[2] See: https://www.fidh.org/en/region/europe-central-asia/kyrgyzstan/kyrgyzstan-amendments-to-ngo-law-would-threaten-freedom-of-expression

[3] https://kaktus.media/doc/403926_uristy:_zakonoproekt_depytata_rayymkylova_naryshaet_konstityciu_i_mejdynarodnye_normy.html?fbclid=IwAR2S34puy-1xAZLIHAVQYPSn2cOUAzJYwQUGiSNgLfw6iSAfkITdYnSiABA ; http://adilet.kg/ru/news/full/394

[4] https://kaktus.media/doc/404968_na_kryglom_stole_po_nko_proizoshla_potasovka_video.html ;https://24.kg/obschestvo/141934_vorvalis_vzal_itolkalis_naforume_pravozaschitnikov_proizoshla_potasovka/