Kyrgyzstan
17.04.02
Urgent Interventions

Kyrgyzstan: demonstrators including children aged between 16 and 17 years, arbitrarily detained and tortured

Case KGZ 290102.9/KGZ 170402.CC
Follow-up to case KGZ 290102
Arbitrary detention/Torture

Geneva, April 17th, 2002

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Kyrgyzstan.

New information

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of the OMCT network, that several people, among whom children aged between 16 and 17 years, were arbitrarily detained and tortured by members of the Aksy District Police Department (ROVD).

According to the information received, the victims, who had been arrested during March 18th and 19th, 2002, were stripped naked, showered with ice-cold water and beaten up. This treatment lasted between 5 to 6 hours and was aimed at obliging the victims to testify against themselves. They were accused of having taken part in public disturbances, during which one of the buildings of the police department and the house of a policeman in Kerben had been burned down by demonstrators.

More particularly, Fattakh Ziyatdinov (17), a inhabitant of Kerben, was allegedly arrested and interrogated by policemen without the presence of a legal counsel. He was accused of having organized the disturbances. According to the information received, he was beaten with a stick and had his hands pierced with an awl. He was then obliged to sign a paper, without knowing what would be done with this paper.

Furthermore, another child, Shukrat Baimatov (16) was reportedly shot by masked persons in Kerben, and later was also arrested and taken to the ROVD facilities, where he was tortured in the ways mentioned above. Given that his condition was deteriorating due to this treatment he was then sent to the hospital. The names of the other teenagers that were arrested and tortured remain unknown, as it has reportedly proven difficult to get this information, due to their fear of being included on such a list, and therefore potentially becoming the targets of further human rights violations.

According to the information received, several other adults were also arrested during March 18th and 19th, 2002, detained and tortured during these events in Kerben. These persons, who were all released on the same day as their arrest, include:

· Ulanbek Israilov (arrested on March 18th), who was tortured, forced to sign documents that he had no opportunity to read and had money and rings taken from him;
· Habibula Zhaparov (arrested on March 18),, was severly beaten with batons, stripped naked, showered with cold water and forced to sign documents;
· Kuttubek Dushebaev (arrested on March 19th), was beaten and questioned at gun-point by policemen. Having been released he went to the hospital on March 22nd, 2002, where he was again arrested by policemen, reportedly for going to the hospital without their permission, beaten and then released again;
· Kulmaysra Alymbaev (arrested on March 18th), was detained, beaten and questioned about the location of a videocassette of the events in Kerben;
· S. Niyasbekov (arrested March 19th) was beaten and then taken to hospital on the same day, where he reportedly received threats from a policeman identified only as Niyasmatov, of being rearrested if he didn’t claim to have received his injuries as a result of falling from a tree;
· Batyrbek Nyshanov (arrested March 19th), was beaten and forced to sign a confession which claims that he burned a Department for Juvenile Delinquency building using a bottle of petrol.

The International Secretariat of OMCT strongly condemns the Kyrgyz authorities’ use of arbitrary detention, threats, ill-treatment and torture. In particular, OMCT wishes to recall that Kyrgyzstan, as a State party to the Convention on the Rights of the Child, recognized that “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.” (art. 37 (a)) and that “Every child alleged as or accused of having infringed the penal law has at least the following guarantees: Not to be compelled to give testimony or to confess guilt.” (art. 40 par. 2 (b) iv).

Brief reminder of the situation

According to the information received, on March 17th 2002, around 100 residents of Kyzyl-Tuu village headed for Kerben, located at the centre of the Aksy district, to demonstrate in protest of the trial of Mr. Beknazarov, in which a verdict was expected on March 18th 2002. On the way to Kerben, between the villages of Uspenovka and Boz-Piek, the district’s authorities and the special police forces (OMON) reportedly blocked their route and ordered the villagers to turn back. Mr. Shermamat Osmonov, the head of the Aksy district administration, and district prosecutor Abdykalyk Kaldarov, were reportedly among the authorities present at the time. When the demonstrators refused to stop, the OMON reportedly indiscriminately opened fire on the assembled crowd. Several people were wounded and at least 13 died as a result of the authorities’ attack.

Action requested :

Please write to the authorities in Kyrgyzstan urging them to:

i. order a thorough and impartial investigation into the reports of these events, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
ii. guarantee adequate reparation to the victims ;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards - notably the Convention on the Rights of the Child, in this case.

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. Kurmanbek Bakiev, Prime Minister, Fax: 996 312 218 627
· Mr. Temirbek Akmataliev, Minister of the Interior, Fax: 996 312 663 031, 996 312 288 788, mail@mvd.bishkek.gov.kg
· Mr. Jakyp Abdyrahmanov, Minister of Justice, Fax: 996 312 663 044, injust@bishkek.gov.kg

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

Geneva, April 17th, 2002

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