Kyrgyzstan
29.01.02
Urgent Interventions
Kyrgyzstan: arbitrary arrest and detention by the Kyrgyz authorities of Kyrgyz Parliamentarian, Mr. Azimbek Beknazarov
Case KGZ 290102
Arbitrary arrest and detention/Torture/Aggression and other attacks
The international Secretariat of OMCT requests your URGENT intervention in the following situation in Kyrgyzstan.
Brief description of the situation
The International Secretariat of OMCT has received information from the Kyrgyz Committee for Human Rights, a member of the OMCT network, concerning the arbitrary arrest and detention by Kyrgyz authorities of Kyrgyz Parliamentarian, Mr. Azimbek Beknazarov, as well as the use of torture on Mr. Japaraly Kamchybekov and his father, and the harassment and arrest of other persons, who are protesting against Mr. Beknazarov’s arrest.
According to the information received, Mr. Beknazarov, the Chairman of the Committee of Judicial and Legal Matters of the Legislative Council of Parliament, was arrested on January 5th, 2002, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. On January 8th, 2002, Mr. Beknazarov was charged under two clauses of the Criminal Code: clause 177(2) – abuse of power, and clause 185(2) – detention of a deliberately innocent person. It is, however, believed that Mr. Beknazarov’s arrest is largely politically motivated, and is a result of his recent criticism of the government. Mr. Beknazarov reportedly criticised the Kyrgyz Government about the Kyrgyz-Chinese agreement, under to which a section of Kyrgyz territory was transferred to China, and more recently, he publicly opposed a similar Kyrgyz land transfer to Kazakhstan.
According to the information received, the incident that authorities have used to justify Mr. Beknazarov’s arrest happened on February 1st, 1995 in the town of Toktogul, in which a fight occurred between Mr. Kamchybekov and local resident Mr. Jolchu Bukeev. During the fight, Mr. Kamchybekov reportedly stabbed Mr. Bukeev in the leg, but the latter did not see a doctor immediately as he was wanted by authorities for a previously committed crime. Ultimately, Mr. Bukeev was hospitalised, but died due to significant blood loss. As an investigator with the local District Prosecutor, Mr. Beknazarov reviewed the case, but on February 26th, 1995, decided not to file a criminal case against Mr. Kamchybekov as it was discovered that Mr. Bukeev had begun the fight and Mr. Kamchybekov had acted in self-defence. During the investigation, Mr. Beknazarov detained several people that were also involved in the fight for three days, including two of Mr. Bukeev’s brothers.
According to our sources, Mr. Kamchybekov was a captain at the Jalal-Abad district police department. On November 5th, 2001, relatives of Mr. Bukeev appealed to local prosecutors to reconsider the case against him. On November 9th, 2001 a criminal case was filed against Mr. Kamchybekov, and on November 30, he was sentenced to eight years in prison. On January 2nd, 2002, Mr. Bukeev’s relatives appealed to prosecutors that Mr. Beknazarov be punished for having detained Mr. Bukeev’s brothers during the investigation. Two days later, the Prosecutor of the Southern Jalal-Abad Province, Mr. Zootbek Kudaibergenov, gave his sanction to have Mr. Beknazarov detained. It is believed that the authorities exerted pressure on Mr. Bukeev’s two brothers, who are currently serving prison terms for other crimes, to write an appeal against Mr. Beknazarov.
According to the reports, following Mr. Kamchybekov’s imprisonment, the Kyrgyz authorities have repeatedly tortured him in order to get him to sign evidence that incriminates Mr. Beknazarov. Furthermore, several militiamen brought Mr. Kamchybekov’s father by force to the Department of Internal Affairs in Jalal-Abad, where he was subsequently beaten. The authorities reportedly tortured him in order to force him to give evidence against Mr. Beknazarov and to compel his son to do the same. The militiamen threatened them both with further torture if they failed to comply. Both Mr. Kamchybekov and his father are reportedly being kept under conditions that constitute ill-treatment, and there are fears that they may again being subjected to torture.
According to the information received, Mr. Beknazarov’s arrest has been opposed at many levels of civil society. Protests initially began on January 10, 2002, at the office of the Human Rights Movement of Kyrgyzstan in Bishkek and have rapidly spread, resulting in numerous threats to and arbitrary arrests of protesters by Kyrgyz authorities, as indicated below:
· On January 10th, in the village of Kara-Suu in the Aksy district in Jalal-Abad Province, Janysh Kurbanov and Amanbek Tostokov were arrested, held for several hours and then released.
· On January 14, roughly 150 protesters picketed in front of Parliament where they were surrounded by a cordon of militiamen and were threatened with arrests and fines if they failed to disperse.
· Also on January 14, roughly 130 individuals picketed in Kara-Suu, of which 20 were detained, tried and sentenced to short-term prison sentences or fines, while several dozen others received written warnings from the District Prosecutor.
· On January 15, in Bishkek, 25 persons went on hunger strike, including two Deputies of the Legislative Council, Mr. Jogorku Kenesh, the General Editor of Respublica newspaper Mr. Bektur Asanov, journalist Mr. Zamira Sydykova, and human rights defender Mr. Ryskeldy Mombekov.
· On January 17, the Legislative Council announced that it would cease all legislative activities until Mr. Beknazarov’s release.
· Also on January 17, Mr. Chynybekov Talant, who had been conducting a hunger strike for eight days, was arrested in the street by militia officers and taken to an undisclosed location.
· By January 18, reports indicate that there were an estimated 170 hunger strikers in Kyrgyzstan, acting in support of Mr. Beknazarov, with some of this number believed to have reached a critical stage.
· On January 19, the spokesman for the Public Committee in defence of Mr. Beknazarov and coordinator of the Kyrgyz Committee for Human Rights, Mr. Bekberdinov, reportedly had his house illegally searched by militiamen, who also threatened his family. He was later arrested and detained in the Pervomay Prosecutor’s office and threatened with being charged with criminal offenses by Prosecutor Tohtombetov.
· On January 22, the head of the Bishkek Municipal Hospital dismissed Ms. Tolobaeva Batiya, Director of the Rehabilitation Centre as she had offered medical assistance to many of the hunger strikers.
· On January 25, in the Ak-Sii district, more that 1,000 individuals demonstrated in support of Mr. Beknazarov, despite threats prohibiting such protest. Militiamen surrounded the protesters and in certain instances used violence to curb their appeals.
The International Secretariat of OMCT is deeply concerned by the Kyrgyz authorities arrest and detention of Mr. Azimbek Beknazarov, as it appears to be largely politically motivated. Furthermore, OMCT is gravely concerned for the physical and psychological integrity of Mr. Japaraly Kamchybekov and his father who have both been tortured, and fears that Mr. Chynybekov Talant may also be subjected to torture. OMCT is also gravely concerned for all the persons engaged in hunger strikes, and condemns the Kyrgyz authorities’ use of arbitrary arrests and detention and harassment of persons connected with or protesting in favour of Mr. Bernazarov.
Action requested
Please write to write to the authorities of Kyrgyzstan urging them to:
· take all necessary measures to guarantee the physical and psychological integrity of Mr. Japaraly Kamchybekov, his father, and Mr. Chynybekov Talant;
· order the immediate release of Mr. Azimbek Beknazarov, Mr. Chynybekov Talant, Mr. Japaraly Kamchybekov, his father, and all other persons arrested in connection with this affair, in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
· guarantee adequate reparation to all injured persons;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, including the rights to the freedom of assembly and opinion.
Adresses
· 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. Amangedi Muraliev, Prime Minister, Fax: 996 312 218 627
· Mr. Omurbek Kutuev, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788
· Mr. Nelya Beishenalieva, Minister of Justice, Fax: 996 312 663 044
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, January 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention/Torture/Aggression and other attacks
The international Secretariat of OMCT requests your URGENT intervention in the following situation in Kyrgyzstan.
Brief description of the situation
The International Secretariat of OMCT has received information from the Kyrgyz Committee for Human Rights, a member of the OMCT network, concerning the arbitrary arrest and detention by Kyrgyz authorities of Kyrgyz Parliamentarian, Mr. Azimbek Beknazarov, as well as the use of torture on Mr. Japaraly Kamchybekov and his father, and the harassment and arrest of other persons, who are protesting against Mr. Beknazarov’s arrest.
According to the information received, Mr. Beknazarov, the Chairman of the Committee of Judicial and Legal Matters of the Legislative Council of Parliament, was arrested on January 5th, 2002, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. On January 8th, 2002, Mr. Beknazarov was charged under two clauses of the Criminal Code: clause 177(2) – abuse of power, and clause 185(2) – detention of a deliberately innocent person. It is, however, believed that Mr. Beknazarov’s arrest is largely politically motivated, and is a result of his recent criticism of the government. Mr. Beknazarov reportedly criticised the Kyrgyz Government about the Kyrgyz-Chinese agreement, under to which a section of Kyrgyz territory was transferred to China, and more recently, he publicly opposed a similar Kyrgyz land transfer to Kazakhstan.
According to the information received, the incident that authorities have used to justify Mr. Beknazarov’s arrest happened on February 1st, 1995 in the town of Toktogul, in which a fight occurred between Mr. Kamchybekov and local resident Mr. Jolchu Bukeev. During the fight, Mr. Kamchybekov reportedly stabbed Mr. Bukeev in the leg, but the latter did not see a doctor immediately as he was wanted by authorities for a previously committed crime. Ultimately, Mr. Bukeev was hospitalised, but died due to significant blood loss. As an investigator with the local District Prosecutor, Mr. Beknazarov reviewed the case, but on February 26th, 1995, decided not to file a criminal case against Mr. Kamchybekov as it was discovered that Mr. Bukeev had begun the fight and Mr. Kamchybekov had acted in self-defence. During the investigation, Mr. Beknazarov detained several people that were also involved in the fight for three days, including two of Mr. Bukeev’s brothers.
According to our sources, Mr. Kamchybekov was a captain at the Jalal-Abad district police department. On November 5th, 2001, relatives of Mr. Bukeev appealed to local prosecutors to reconsider the case against him. On November 9th, 2001 a criminal case was filed against Mr. Kamchybekov, and on November 30, he was sentenced to eight years in prison. On January 2nd, 2002, Mr. Bukeev’s relatives appealed to prosecutors that Mr. Beknazarov be punished for having detained Mr. Bukeev’s brothers during the investigation. Two days later, the Prosecutor of the Southern Jalal-Abad Province, Mr. Zootbek Kudaibergenov, gave his sanction to have Mr. Beknazarov detained. It is believed that the authorities exerted pressure on Mr. Bukeev’s two brothers, who are currently serving prison terms for other crimes, to write an appeal against Mr. Beknazarov.
According to the reports, following Mr. Kamchybekov’s imprisonment, the Kyrgyz authorities have repeatedly tortured him in order to get him to sign evidence that incriminates Mr. Beknazarov. Furthermore, several militiamen brought Mr. Kamchybekov’s father by force to the Department of Internal Affairs in Jalal-Abad, where he was subsequently beaten. The authorities reportedly tortured him in order to force him to give evidence against Mr. Beknazarov and to compel his son to do the same. The militiamen threatened them both with further torture if they failed to comply. Both Mr. Kamchybekov and his father are reportedly being kept under conditions that constitute ill-treatment, and there are fears that they may again being subjected to torture.
According to the information received, Mr. Beknazarov’s arrest has been opposed at many levels of civil society. Protests initially began on January 10, 2002, at the office of the Human Rights Movement of Kyrgyzstan in Bishkek and have rapidly spread, resulting in numerous threats to and arbitrary arrests of protesters by Kyrgyz authorities, as indicated below:
· On January 10th, in the village of Kara-Suu in the Aksy district in Jalal-Abad Province, Janysh Kurbanov and Amanbek Tostokov were arrested, held for several hours and then released.
· On January 14, roughly 150 protesters picketed in front of Parliament where they were surrounded by a cordon of militiamen and were threatened with arrests and fines if they failed to disperse.
· Also on January 14, roughly 130 individuals picketed in Kara-Suu, of which 20 were detained, tried and sentenced to short-term prison sentences or fines, while several dozen others received written warnings from the District Prosecutor.
· On January 15, in Bishkek, 25 persons went on hunger strike, including two Deputies of the Legislative Council, Mr. Jogorku Kenesh, the General Editor of Respublica newspaper Mr. Bektur Asanov, journalist Mr. Zamira Sydykova, and human rights defender Mr. Ryskeldy Mombekov.
· On January 17, the Legislative Council announced that it would cease all legislative activities until Mr. Beknazarov’s release.
· Also on January 17, Mr. Chynybekov Talant, who had been conducting a hunger strike for eight days, was arrested in the street by militia officers and taken to an undisclosed location.
· By January 18, reports indicate that there were an estimated 170 hunger strikers in Kyrgyzstan, acting in support of Mr. Beknazarov, with some of this number believed to have reached a critical stage.
· On January 19, the spokesman for the Public Committee in defence of Mr. Beknazarov and coordinator of the Kyrgyz Committee for Human Rights, Mr. Bekberdinov, reportedly had his house illegally searched by militiamen, who also threatened his family. He was later arrested and detained in the Pervomay Prosecutor’s office and threatened with being charged with criminal offenses by Prosecutor Tohtombetov.
· On January 22, the head of the Bishkek Municipal Hospital dismissed Ms. Tolobaeva Batiya, Director of the Rehabilitation Centre as she had offered medical assistance to many of the hunger strikers.
· On January 25, in the Ak-Sii district, more that 1,000 individuals demonstrated in support of Mr. Beknazarov, despite threats prohibiting such protest. Militiamen surrounded the protesters and in certain instances used violence to curb their appeals.
The International Secretariat of OMCT is deeply concerned by the Kyrgyz authorities arrest and detention of Mr. Azimbek Beknazarov, as it appears to be largely politically motivated. Furthermore, OMCT is gravely concerned for the physical and psychological integrity of Mr. Japaraly Kamchybekov and his father who have both been tortured, and fears that Mr. Chynybekov Talant may also be subjected to torture. OMCT is also gravely concerned for all the persons engaged in hunger strikes, and condemns the Kyrgyz authorities’ use of arbitrary arrests and detention and harassment of persons connected with or protesting in favour of Mr. Bernazarov.
Action requested
Please write to write to the authorities of Kyrgyzstan urging them to:
· take all necessary measures to guarantee the physical and psychological integrity of Mr. Japaraly Kamchybekov, his father, and Mr. Chynybekov Talant;
· order the immediate release of Mr. Azimbek Beknazarov, Mr. Chynybekov Talant, Mr. Japaraly Kamchybekov, his father, and all other persons arrested in connection with this affair, in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
· guarantee adequate reparation to all injured persons;
· guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, including the rights to the freedom of assembly and opinion.
Adresses
· 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. Amangedi Muraliev, Prime Minister, Fax: 996 312 218 627
· Mr. Omurbek Kutuev, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788
· Mr. Nelya Beishenalieva, Minister of Justice, Fax: 996 312 663 044
Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, January 29th, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.