Kyrgyzstan
16.01.03
Urgent Interventions

Kyrgyzstan: Hizb-ut-Tahrir party member sentenced on false charges of arms possession

Case KGZ 160103
Arbitrary detention / Risk of torture / Freedom of opinion


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 been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the sentencing to two and a half years imprisonment of a Hizb-ut-Tahrir party member on reportedly false charges of possession of arms, in Kyrgyzstan.

According to the information received, 51-year old Toktorbay Tohtakulov, a member of the banned Hizb-ut-Tahrir Islamist Party, has been sentenced to two and a half years of imprisonment for weapons possession by the Bazar-Korgon District Court of Jalal-Abad Province on January 2nd, 2003.

According to the Provincial Department of the Interior's statement, Mr. Tohtakulov, a resident of Arstanbap, was charged with illegal possession of ammunition and explosives in accordance with article 241.1 of the Criminal Court of the Kyrgyz Republic.

According to the information received from our sources, the ammunition and explosives were planted by the Special Forces.

According to our sources, the Hizb-ut-Tahrir is a non-violent organization, but the authorities of Kyrgyzstan are attempting to present Hizb-ut-Tahrir as a threat to the security of the country and a violent extremist organization and continue to persecute its members.

The International Secretariat of OMCT is gravely concerned for Mr. Tohtakulov's personal integrity, as it has received several reports indicating that the treatment of members of the Hizb-ut-Tahrir in detention is very poor, including the use of torture and other forms of cruel and inhuman treatment which have even led to deaths in detention in Kyrgyzstan and neighbouring Uzbekistan, where the party is also active. Due to these concerns, OMCT calls upon the Kyrgyz authorities to guarantee Mr. Tohtakulov's personal integrity, launch a prompt and impartial investigation into the allegations concerning the planting of the weapons in question, and release him if his sentence is found to be based on false charges, as has been alleged by our sources.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

i. take all necessary measures to guarantee Toktorbay Tohtakulov’s physical and psychological integrity;
ii. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, notably the alleged planting of weapons, in order to 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, January 16th, 2003

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