Kyrgyzstan
15.05.01
Urgent Interventions

Kyrgyzstan: Harrassment of activists/ Judicial proceedings

URGENT APPEAL - THE OBSERVATORY


New Information
KGZ 001 / 0005 / OBS 036.11
Harrassment of activists/ Judicial proceedings
KYRGYZSTAN
15th May 2001


The Observatory for the Protection of Human Rights Defenders, an FIDH and OMCT venture, requests your urgent intervention in the following situation in Kyrgyzstan.

New Information :

The Observatory has been informed by the Kyrgyz Committee for Human Rights (KCHR) of renewed harassment against Albert Korgoldoev’s family and other KCHR members in the Jalal-Abad region.

Albert Korgoldoev, the former KCHR coordinator for the Jalal-Abad region, had to flee his country last February as he was facing charges based on a faked criminal case and risking up to 5 years of imprisonment ; he now lives in Austria.

According to the information received, at around midnight on 13th May 2001, militia officers in plain clothes visited the home of Mrs. Ajar Korgoldoev, Albert Kogoldoev’s mother, and threatened the Korgoldoev family with expulsion. Mrs. Korgoldoev is said to have reported the event to the Militia Department and to the Public Prosecution.

Besides, Eden Korgoldoev, Albert's brother, has also been threatened, as he has now replaced Albert at the head of KCHR in Jalal-Abad ; he was arrested, along with four KCHR members, Abdumamat Karydbekov, Semenovich Nugnov Semen, Alexander Sudakov and Anarguli Korgoldoevaya, during 1st of May demonstrations. They are now awaiting trial ; they are charged according to the articles 371 and 392 of the Administrative Code of the Kyrgyz Republic for « Violation of the established order for organizing and conducting gatherings, meetings, street processions and demonstrations » and « Disobedience to the lawful orders and demands of home affairs’ departments and other persons, organizing the duties in securiy of the public customs ». E. Korgoldoev's trial is supposed to be held on May 17th 2001.

Moreover, representatives from the Home Affairs Department (Akimiat) and the militia frequently inspect the Jalal-Abad’s office on different pretexts, requiring the statutes of the Committee, checking if the Jalal-Abad’s office has the right to pursue its activities, etc.

The Observatory is finally concerned about information received, alledging that a discredit campaign has been launched by the Kyrgyz authorities, both at the national and the international level, against Albert Korgoldoev, who is now waiting for the decision of the Austrian Federal Refugees Office, to get the refugee status.

The Observatory shares the opinion of the KCHR, which believes that these events are linked with Korgoldoev’s monitoring activities during the last presidential elections, in October 2000.

Brief reminder of the situation:

Albert Korgoldoev learnt on 20th January 2000 that an arrest warrant had been issued against him, on the basis of a faked criminal case that was opened on 24th November 2000, in accordance with article 234, part 2, of the Criminal Code, for “hooliganism ”. This case follows falsified declarations of the Jalal-Abad region coordinator of the Coalition of Non-Governmental and Non-Commercial Organizations (CNNO), Gulnara Mamatbekova, who accused Albert Korgoldoev of insulting and assaulting him (the NCA was created with the direct involvement of Mr. Ibraimov, the assistant to the President, and was employed before the presidential campaign, on the day of the elections and subsequently, as a tool used to discredit independent journalists, opposition related observers and independent NGO).

Korgoldoev risks up to 5 years of imprisonment, if found guilty of these charges. Following this arrest warrant, he was forced to live the country, and arrived in Austria on 6th February where he has asked for political asylum.

The Observatory recalls that Korgoldoev has already been imprisoned for 12 days in 1998, after he held meetings to oppose President Akaev’s intention to amend the Constitution in favour of strengthening power granted to the executive branch.

Action requested:

Please write to the Kyrgyz Authorities demanding that they :

i. investigate on the reported threats against Ajar Korgoldoev in order to identify those responsible and apply appropriate sanctions

ii. drop all charges against Albert Korgoldoev, as well as against other persons charged in the framework of this case, in view of the arbitrary nature of the charges, and ensure that Korgoldoev can return to Kyrgyzstan without fears of being arrested ; more generally, put an end to all forms of judicial harassment against other
human rights defenders prosecuted in reason of their human rights activities.

iii. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9 1998 (Declaration concerning the rights and responsibilities of individuals, groups and institutions to promote and protect universally recognised human rights and fundamental liberties ) in particular its Article 1 which provides that “ Every person has the right,
individually or collectively, to promote the protection and fulfilment of human rights
and fundamental liberties at the national and international level. ”

iv. guarantee the effective respect of fundamental rights and liberties in accordance with the provisions of the Universal Declaration of Human Rights and the international and regional Pacts and Covenants ratified by Kyrgyzstan.

Addresses:

The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627 ; E-mail:ghpress2@rhl.bishkek.su

Geneva-Paris, 15th May 2001

Kindly inform us of any action undertaken, quoting the reference number given above.

The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line

Tel : FIDH : +33 (0) 1 43 55 20 11 ;
OMCT : +41 22 809 49 39
E-mail : observatoire@iprolink.ch