Kyrgyzstan: New acts of harassment against Mr. Kadyrbekov condemned to a three year probation sentence

URGENT APPEAL – THE OBSERVATORY New Information KGZ 001 / 0106/ 052.1 Condemnation / Unfair trial / Attack Kyrgyzstan 11th October 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 new acts of harassment against Adymamat Kadyrbekov, member of KCHR in the Jalal-Abad region. According to the information received, on October 7th 2001 around 3:00 am, several people wearing masks, who are thought to be members of the militia, entered the house of Mr. Kadyrbekov in Suzak, in the Jalal-Abad region. They allegedly beat him and asked him to stop his human rights activities in the KCHR and then disappeared. On September 17th 2001, Mr. Kadyrbekov had been convicted to a three year prison sentence on the basis of evidence which has been denounced as being falsified. He was since then under militia’s surveillance. According to the information received, Mr Kadyrbekov was charged under the chapter “Hooliganism” of the Criminal Code of the Kyrgyz Republic for “use of violence in resistance to the authority representatives” when he was arrested on 12th June 2001. The urban Office of Public Prosecutor Usenov Amat conducted the investigation. The senior investigator reportedly falsified the evidences and he has been denounced as putting pressure on the witnesses in order to obtain false statements. He would even have assaulted Mr Kadyrbekov and his assistant. According to the information received, the trial was unfair as the Urban Court judge Samakov Zamir and prosecutor Joldosh ulu Kuvanych not only took into consideration the allegedly falsified evidence but also ignored the evidence brought by the defence. Despite the conclusion of the court-medical examination stating the light physical injuries to Mr. Kadyrbekov, the Judge and the prosecutor did not take into account the defender’s evidences indicating the use of physical assault on Mr Kadyrbekov and his assistant. The judge would even have refused to give an oral or written answer to the defender’s application. According to the sentence, Mr Kadyrbekov was not put in prison but he lives under the control of the militia and he risks to be put in jail at any time if the police finds him responsible of an offence. This situation and the attack he suffered on October 7th can be considered as depriving him of the right to carry on his activities with the KCHR. The Observatory expresses his deep concern regarding the fairness of the trial against Mr. Kadyrbekov and the issue of the administration of justice in Kyrgyzstan as it seems to be used as a tool to impair the work of Human Rights Defenders and especially KCHR members. Furthermore, the Observatory condemns the on-going use of violence and harassment against Mr Kadyrbekov. Reminder of the facts : The Observatory had been informed by the Kyrgyz Committee for Human Rights (KCHR) of new acts of harassment against Adymamat Kadyrbekov, a KCHR activist in Jalal-Abad. On 12th June 2001, Mr. Kadyrbekov had been stopped by a member of the Governmental Auto Inspection (GAI) in Jalal-Abad, as he was in a taxi heading to a bus station to go home. As he showed his ID card of KCHR membership, the militiaman had reacted offensively and said that “he is sick of all these law defenders”. Then, two militiamen had handcuffed him and put him into a car. While they were driving, he had been bitten although he allegedly defended himself as he could. He was transferred to the City Department of Internal Affairs and the investigator opened a criminal case against him for “use of violence in resistance to the authority representatives”, according to article 341 of the Criminal Code. Mr. Kadyrbekov was free but remained under control of the militia. Action requested : Please write to the Kyrgyz authorities demanding that they : i. guarantee the physical and psychological integrity of Mr. Kadyrbekov at any time; ii. order an immediate and independent investigation into the attack against Mr.Kadyrbekov , in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law. iii. put an end to all forms of judicial harassment against human rights defenders prosecuted in reason of their human rights activities and in the case of Mr. Kadyrbekov ensure that he benefits from a fair judicial remedy as the charges and evidence retained against him have been arbitrary; iv. ensure the implementation of the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, 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.” v. 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 Akaev, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax: + 996 (312) 218 627 ; E-mail:ghpress2@rhl.bishkek.su Geneva-Paris, October 11th 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. and fax FIDH : (+ 33 1) 4 355 20 11 / 4 355 18 80 Tel. and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29 E-mail : observatoire@iprolink.ch