Ill-treatment by a State agent remains unpunished

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in Kyrgyzstan.

New Information:

The International Secretariat of OMCT has received new information from a reliable source, regarding the case of Ms. Nargiza Turdieva, severely beaten by an inspector, Mr. Ali Mageyev, while pregnant, on 14 January 2006 in Jalal-Abad.

According to the information received, although Ms. Turdieva immediately filed a complaint before the City Prosecutor, Mr. Halmurzaev, it was not pursued. With the assistance of the NGO Spradedlivost another attempt was made before the Oblast Prosecutor’s office, i.e. the Regional office Prosecutor, but Mr. Halmurzaev, who became Oblast Prosecutor at that time, refused again to investigate into the event. According to the information, he argued that no crime had been committed in this case. Following requests from Spradedlivost, the General Prosecutor charged the Regional Prosecutor’s office to investigate the case. However, according to the same information, no thorough investigation was undertaken and Ms. Turdieva was even further harassed.

Furthermore, following the publication in January 2006 by Spradedlivost of the article Women, Even Pregnant Ones, Being Beaten, in its Human Rights Bulletin Law of All People, relating the case of Ms. Nargiza Turdieva, the latter and three members of Spradedlivost, namely Ms. Valentina Gritsenko, Mr. Abdumalik Sharipov and Mr. Mahamatjan Abdujaparov, were accused of slander by Mr. Ali Mageyev.

The court hearing initially took place on 20 and 21 June 2006 but was postponed sine die due to the bad physical condition of Ms. Nargiza Turdieva at that time. According to the information received, during the two-day audience Ms. Turdieva was insulted by Mr. Mageyev’s supporters and several procedural irregularities were registered.

Ms. Turdieva, whose health condition deteriorated after being ill-treated in January 2006, eventually gave birth to a boy on 13 July 2006 and her physical condition is considered as satisfactory now.

OMCT is concerned for the lack of investigation into the case of ill-treatment of Ms. Turdieva and recalls that the Declaration on the Elimination of Violence against Women states in its article 4(c) that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."

Brief reminder of the situation:

According to the information received, Ms. Turdieva was summoned by the Department of Internal Affairs on 14 January 2006, to testify as a witness in a case of theft of golden jewellery that belonged to Mr. Husanbai Mamarazykov (worth 250,000 US dollars) allegedly by his neighbours, Ms. M. and Ms. R..

According to the information received, staff members of the Criminal Investigation Department had found the jewellery in the possession of the two women. However, some time later the criminal investigators who had seized the items let the suspects go and told Mr. Mamarazykov there had been a mistake. Mr. Mamarazykov never received back the golden items seized by the Criminal Investigation Department. The case was then transferred to Mr. Mageyev from the Department of Internal Affairs, who summoned Ms. Turdieva as a witness.

As Ms. Turdieva arrived at Mr. Mageyev’s office and was going to sit down, he reportedly grabbed her arms, pushed her and began insulting her, calling her a “prostitute” and a “thief”. As she asked what she was insulted and beaten for, Mr. Mageyev hit her on the chest and requested that she denies her testimony, threatening her with claims he would “do everything possible to put [her] into prison and let [her] die there”. Ms. Turdieva then started bleeding and told Mr. Mageyev that she was pregnant and feared she could lose her baby. The officer allegedly replied that “at a temporary detention cell [she] will have another baby conceived”. Ms. Turdieva managed to run way and call her husband for help in the street.

After these events, Ms. Turdieva was taken to a Suzak maternity hospital. According to Ms. Bubusara Amanbaeva, head of maternity department, on 14 January 2006, Ms. Turdieva was at “risk of termination of pregnancy.” On 23 January 2006 she was discharged from the hospital.

According to the information received, Ms. Turdieva reported these facts to the Oblast Prosecutor’s office. However, she feared nothing would be done in this regard. Indeed, in August 2005, a complaint had been filed against Mr. Mageyev by Mr. Ibragimov, resident of Suzak district, who stated that Mr. Mageyev had extorted 10,000 soms from him. The case was transferred to the Oblast Prosecutor’s office. However, up until now no reply has been received from the institution. The human rights organisation Spravedlivost decided to address both cases directly to the Minister of the Interior, Mr. Marat Sutalinov. Subsequently, Mr. Mageyev filed a lawsuit against Ms. Turdieva and members of the NGO Spravedlivost, requesting an amount of 25,000 US dollars on the basis of alleged defamation.

Action Requested:

Please continue to write to the authorities in Kyrgyzstan urging them to:

1. Ensure Ms. Nargiza Turdieva’s physical and psychological integrity;
2. Order a prompt, thorough and impartial investigation into the ill-treatment of Ms. Nargiza Turdieva in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, especially article 305-1 of the Kyrgyz Criminal Code;
3. In respect to the judicial proceeding, ensure that Ms. Turdieva, as well as the members of the NGO Spravedilivost – Ms. Gritsenko, Mr. Sharipov and Mr. Abdujaparov are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
4. Guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, particularly the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women.

Addresses:

• Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@rhl.bishkek.su
• Kulov Felix Sharshenbaevich, Prime Minister, Fax: 996312218627
• Omurbek Suvanaliev, Minister of Internal Affairs, Fax: 996312663031, 996312288788
• Marat Kaipov, Minister of Justice, Fax: 996312663044 / 996312656502
• Kambaraly Kongantiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Colonel Nurlan Temirbaev, Head of the Oblast Department of Internal affairs, Jalal-Abad, Fax: +996372250333
• Abdibakyt Halmurzaev, Office of Oblast Public Prosecutor, Jelalabad, Fax: + 996372250119
• Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax : +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

Geneva, 15 January 2007.

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