Kyrgyzstan
16.10.02
Urgent Interventions
Kyrgyzstan: a witness for a murder trial is subjected to harassment and death threats by the police
Case KGZ 100400.1
Follow-up of Case KGZ 100400.1
Harassment / Death threats / Impunity / Fair trial
Geneva, October 16th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Kyrgyzstan.
New information
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the repeated harassment of the key witness in a murder case involving three police agents that reopens today, October 16th, 2002, in Kyrgyzstan.
According to the information received, Ms. Nadezhda Maslovets, who was the only witness to the torture and subsequent killing by three policemen of a young boy, Sergei Skromnov, on February 27th, 1998, has again been the victim of repeated intimidation in connection with the resumption of the trial at the Kyrgyz Court of Military Justice of policemen Kubat Moldoshev, Evegeniy Boikov and Doloonbek Beishenbiev. Ms. Maslovets has reportedly been the victim of harassment by the police, in order to prevent her from testifying in the trial concerning Sergei Skromnov’s murder. At the beginning of October 2002 she reportedly received mail which included a death threat. The authorities have reportedly taken no action to protect her, despite her requests for protection to the Minister of Internal Affairs, the Director of National Security Service, and the General Prosecutor.
The trial has been accused of being inadequate and purely for show. The Office of the Prosecutor in Allamedin district investigated this case, but it is reported that it has not led an impartial investigation and has attempted to cover up the policemen’s involvement in the murder. The three policemen were initially acquitted by the Military Court of Bishkek, but the Military Court of the Kyrgyz Republic annulled the verdict. Two of them - Evegeniy Boikov and Doolonbek Beish - were later sentenced to 4 years' imprisonment by the Chiu Military Court, while Kubat Moldoshev was acquitted. The murder case was reportedly closed for lack of evidence. However, soon after the trial, the two policemen received an amnesty by the authorities.
The Skromnov family are contesting the amnesty and the resultant impunity enjoyed by these policemen, and the fact that the murder case was closed for lack of evidence and that the policemen have only been accused of "abuse of power" rather than murder. Given the protection that these policmen are being given by the authorities, it is feared that they will want to get rid of the only witness in the murder of Sergei Skromnov.
The International Secretariat of OMCT is therefore gravely concerned for the personal integrity of Ms. Nadezhda Maslovets, given the death threats that have reportedly been proffered against her by persons who already allegedly enjoy impunity for a previous murder. OMCT condemns the use of threats and harassment against Ms. Nadezhda Maslovets and the apparent lack of independence of the judiciary, which has resulted in impunity for the policemen in question. OMCT calls on the authorities to guarantee Ms. Nadezhda Maslovets' physical and psychological integrity and to enable her to testify before a fair and impartial trial concerning the alleged murder of Sergei Skromnov by the three policemen in question.
Brief reminder of the situation
According to the information received, on February 27, 1998, at about 21:00, Sergei Skromnov was beaten up with truncheons and then pushed into a "Gazel" vehicle by three policemen and taken off in an unknown direction. According to the information received, these three officers then tortured the boy and murdered him. Ms. Maslovets was able to identify the three policemen involved in the death of Sergei Skromkov, she knew one of the participants of the crime, E. Boikov, as he lives on the same street as her. During the trial of E. Boikov, she also recognized another perpetrator, D. Beishenbiev, a sergeant major of ROVD (district militia department) of Leninski district of Bishkek. On December 9, 1999, she recognized K. Moldoshev, the captain of Leninski ROVD as the third policeman who carried out the attack on Skromnov Sergei.
Since the opening of investigations for the case in January 2000, she has been victim of repeated harassment. According to reports, her house was broken into, she was followed by a black car, threatened with physical violence and on March 11, 2000, at about 9:00pm, she was beaten to the ground. These threats have reportedly intensified with the reopening of the case.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Ms. Nadezhda Maslovets;
ii. intervene with the appropriate authorities in order to secure an immediate halt to the surveillance and harassment, including death threats, to which she is being subjected;
iii. guarantee an immediate, effective and impartial investigation into the circumstances of these most recent events and the death of Sergei Skromkov, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
· Mr Askar Akayev, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
· Mr. Nikolai Tanaev, Prime Minister; fax: 996 312 661 382, e-mail: pmoffice@mail.gov.kg
· Mr. Daniyar Narymbaev, Minister of Justice, Kyrgyzskaya Respublika, 720040, g. Bishkek, ul. Orozbekova, 37; e-mail: minjust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, October 16th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Follow-up of Case KGZ 100400.1
Harassment / Death threats / Impunity / Fair trial
Geneva, October 16th, 2002
The International Secretariat of OMCT has received new information regarding the following situation in Kyrgyzstan.
New information
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the repeated harassment of the key witness in a murder case involving three police agents that reopens today, October 16th, 2002, in Kyrgyzstan.
According to the information received, Ms. Nadezhda Maslovets, who was the only witness to the torture and subsequent killing by three policemen of a young boy, Sergei Skromnov, on February 27th, 1998, has again been the victim of repeated intimidation in connection with the resumption of the trial at the Kyrgyz Court of Military Justice of policemen Kubat Moldoshev, Evegeniy Boikov and Doloonbek Beishenbiev. Ms. Maslovets has reportedly been the victim of harassment by the police, in order to prevent her from testifying in the trial concerning Sergei Skromnov’s murder. At the beginning of October 2002 she reportedly received mail which included a death threat. The authorities have reportedly taken no action to protect her, despite her requests for protection to the Minister of Internal Affairs, the Director of National Security Service, and the General Prosecutor.
The trial has been accused of being inadequate and purely for show. The Office of the Prosecutor in Allamedin district investigated this case, but it is reported that it has not led an impartial investigation and has attempted to cover up the policemen’s involvement in the murder. The three policemen were initially acquitted by the Military Court of Bishkek, but the Military Court of the Kyrgyz Republic annulled the verdict. Two of them - Evegeniy Boikov and Doolonbek Beish - were later sentenced to 4 years' imprisonment by the Chiu Military Court, while Kubat Moldoshev was acquitted. The murder case was reportedly closed for lack of evidence. However, soon after the trial, the two policemen received an amnesty by the authorities.
The Skromnov family are contesting the amnesty and the resultant impunity enjoyed by these policemen, and the fact that the murder case was closed for lack of evidence and that the policemen have only been accused of "abuse of power" rather than murder. Given the protection that these policmen are being given by the authorities, it is feared that they will want to get rid of the only witness in the murder of Sergei Skromnov.
The International Secretariat of OMCT is therefore gravely concerned for the personal integrity of Ms. Nadezhda Maslovets, given the death threats that have reportedly been proffered against her by persons who already allegedly enjoy impunity for a previous murder. OMCT condemns the use of threats and harassment against Ms. Nadezhda Maslovets and the apparent lack of independence of the judiciary, which has resulted in impunity for the policemen in question. OMCT calls on the authorities to guarantee Ms. Nadezhda Maslovets' physical and psychological integrity and to enable her to testify before a fair and impartial trial concerning the alleged murder of Sergei Skromnov by the three policemen in question.
Brief reminder of the situation
According to the information received, on February 27, 1998, at about 21:00, Sergei Skromnov was beaten up with truncheons and then pushed into a "Gazel" vehicle by three policemen and taken off in an unknown direction. According to the information received, these three officers then tortured the boy and murdered him. Ms. Maslovets was able to identify the three policemen involved in the death of Sergei Skromkov, she knew one of the participants of the crime, E. Boikov, as he lives on the same street as her. During the trial of E. Boikov, she also recognized another perpetrator, D. Beishenbiev, a sergeant major of ROVD (district militia department) of Leninski district of Bishkek. On December 9, 1999, she recognized K. Moldoshev, the captain of Leninski ROVD as the third policeman who carried out the attack on Skromnov Sergei.
Since the opening of investigations for the case in January 2000, she has been victim of repeated harassment. According to reports, her house was broken into, she was followed by a black car, threatened with physical violence and on March 11, 2000, at about 9:00pm, she was beaten to the ground. These threats have reportedly intensified with the reopening of the case.
Action requested :
Please write to the authorities in Kyrgyzstan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Ms. Nadezhda Maslovets;
ii. intervene with the appropriate authorities in order to secure an immediate halt to the surveillance and harassment, including death threats, to which she is being subjected;
iii. guarantee an immediate, effective and impartial investigation into the circumstances of these most recent events and the death of Sergei Skromkov, identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal, civil and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses:
· Mr Askar Akayev, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627, Email: ghpress2@rhl.bishkek.su
· Mr. Nikolai Tanaev, Prime Minister; fax: 996 312 661 382, e-mail: pmoffice@mail.gov.kg
· Mr. Daniyar Narymbaev, Minister of Justice, Kyrgyzskaya Respublika, 720040, g. Bishkek, ul. Orozbekova, 37; e-mail: minjust@bishkek.gov.kg
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, October 16th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.