Insults to the honour and dignity of leading human rights defenders go unpunished

On June15, 2016, the Pervomaysk region court of Bishkek dismissed the lawsuit broughtby Ms. Tolekan Ismailova, President of Bir Duino Kyrgyzstan, and Ms. AzizaAbdirasulova, President of Kylym Shamy, against the Kyrgyz PresidentAlmazbek Atambayev, in relation to a public speech he gave on May 14, 2016, inwhich he mentioned their names next to those of alleged organisers of apolitical upheaval, promising to ruthlessly suppress any attempts todestabilise the country. Moreover, in his speech, the President resorted to the“foreign agents” terminology, presenting Ms. Ismailova and Ms. Abdirasulova asNGOs “faithfully serving their financial donors”.

Thisdecision of the Pervomaysk region court was issued after the President's legalrepresentative highlighted in court that both human rights defenders hadmisinterpreted the words of Mr. Atambayev, adding that the latter's commentshad been formulated in a positive spirit through the word “faithfully” and thatthe words "serving financial donors" merely meant a praise for a welldone job.

“We are concerned about thearguments presented by the legal representative of the Kyrgyz President.Suggesting that these human rights defenders act as “foreign agents”sends a very negative signal to the whole civil society in Kyrgyzstan and fuelsan atmosphere of impunity. It further shrinks the space, rather than wideningit”, regretted FIDH Honorary President Souhayr Belhassen.

“We are all the more concerned thatthe decision of the Pervomaysk region court of Bishkek was issued after aseries of violations of fair trial standards and equality of arms principleswere reported”, said OMCT Secretary GeneralGerald Staberock. “We hope that international standards will be respectedin appeal”, he added.

TheObservatory was indeed informed of a series of irregularities within theframework of this trial: firstly, the court refused to add to the case filecertain documents which were aiming at strengthening the arguments of theplaintiffs; secondly, several motions tabled by the plaintiffs, including thosesummoning the President himself to the trial, requesting video recording of thehearings, and requesting the removal of the judge from the case for lack ofimpartiality (after the latter took stance in favour of the President'srepresentative on several occasions) were all rejected. It is also important toemphasise that while an expert analysis requested by Ms. Ismailova to detectthe presence of elements of hatred in the President's speech was added to thecase file, the court did not refer to its findings when issuing its judgement.The expert analysis stated that negative parallels, disproportionatecomparisons and generalisations referring to the plaintiffs' belonging togroups aiming to destabilise the country as part of the alleged organisation ofa coup d'état contributed to give a negative perception of the two human rightsdefenders towards the Kyrgyz public opinion.

TheObservatory recalls that the first trial hearing took place on June 8, 2016 andwas observed by an Observatory delegation headedby FIDH Honorary President Souhayr Belhassen to present the Observatory latest report onKyrgyzstan.

TheObservatory also deplores the continuation of slanderous statements in a numberof pro-government Kyrgyz media, accusing Ms. Ismailova and Ms. Abdirasulova ofanti-patriotic acts, such as “advocating against the “Foreign Agents Bill”,supporting the LGBTI community, opposing the “Bill on the promotion of nontraditional sexual relationships" and defending those accused of terrorismand extremism”. The Observatory recalls that similar statements had been madelast week against the Observatory mission delegates and personally against Ms.Souhayr Belhassen, accusing them, inter alia, of “meddling in theinternal affairs of Kyrgyzstan” and “destabilising the country” in relationwith the mission's human rights and solidarity activities.

TheObservatory calls upon the Kyrgyz authorities to comply with fair trialstandards and equality of arms principles in the upcoming appeal trial opposingMs. Ismailova and Ms. Abdirasulova to the President of Kyrgyzstan, and to putan end to all acts of harassment against them and all human rights defenders inthe country so they are able to carry out their work without hindrances.

TheObservatory more generally urges the Kyrgyz authorities to comply with therecommendations outlined in the report published on June 8, 2016 and availableat:

https://www.fidh.org/IMG/pdf/kyrgyzstanobsang2016web.pdf

http://www.omct.org/files/2016/06/23793/kyrgyzstan_mission_report_2016_english.pdf

TheObservatory for the Protection of Human Rights Defenders (the Observatory) wascreated in 1997 by FIDH and the World Organisation Against Torture (OMCT). Theobjective of this programme is to intervene to prevent or remedy situations ofrepression against human rights defenders.