Kyrgyzstan
26.09.03
Urgent Interventions
Kyrgyzstan: restrictions to the freedom of association of KCHR
URGENT APPEAL – THE OBSERVATORY
KGZ 002/0803/OBS 044.1
Restrictions to freedom of association
New information
Kyrgyzstan
September 26th, 2003
The Observatory for the protection of human rights defenders, a joint programme of FIDH and OMCT, requests your urgent intervention in the following situation in Kyrgyzstan:
New information :
The Observatory has been informed that on September 24th, an official letter signed by the Vice-Minister of Ministry of Justice, Mr. Alymbekov, was addressed to the Kyrgyz Committee for Human Rights (KCHR) announcing that the KCHR had been officially registered, with Mr. Tynaliev, Mr. Jakishev and Mr. Bulatov as executive body.
The Observatory is very concerned by this new registration. Indeed, on August 25th, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others had declared, during a press conference, that they had dismissed Mr. Ramazan Dyryldaev from the position of chair of KCHR and selected Mr. Tynaliev as the new chairman. This was done in total violation of the results of KCHR Board elections held on 11 May 2003, during which Mr. Ramazan Dyryldaev was re-elected as KCHR Chairman.
The Observatory is very concerned by this registration that removes Mr. Ramazan Dyryldaev from the Chairmanship, in an attempt to silence him as a human rights defender, and to muzzle an independent organization, by replacing its board with people who are visibly supported by the Government. The Observatory recalls that the “real” KCHR is a member organization of FIDH and OMCT and fears that these maneuvers, which aims are visibly to disturb and to discredit KCHR activities, may be being undertaken by the authorities to hinder their work, as has already occurred in the past on several occasions. The Observatory recalls in particular that this is the second time since the creation of the KCHR in 1996 that a false organization is registered instead the “real” KCHR (See annual report 2000 of the Observatory).
Background information:
On August 14th, 2003, a courier brought a letter dated August 13th, to the KCHR office from the Ministry of Justice, signed by the deputy Minister Alymbaev N., in which the Ministry ordered KCHR to apply for a new registration within ten days in accordance with the new version of the Constitution that was adopted on February 2nd, 2003, and the Law “On non-commercial organizations” adopted on October 15th, 1999. According to the Ministry of Justice, this registration was required due to the inconsistency of some provisions of KCHR’s Charter with the Constitution and the Law on NCOs (Non-Commercial Organizations).
The Observatory was concerned by this request, since in August 1999, Deputy Justice Minister E. Mamyrov, had notified members of the KCHR that the organization had been re-registered and had once again legal status (this occurred after a ten-month period, during which KCHR had been removed from the register by the same Ministry).
Moreover, on August 25th, during a press conference in AkiPress, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others, declared that they had dismissed Mr. Dyryldaev from the position of chair of KCHR and selected Mr. Tynaliev as the new chairman.
The Observatory notes that Mr. Dyryldaev was legally re-elected as KCHR Chairman by KCHR members on 11 May 2003. Moreover, it should be noted that acting members of KCHR and its Board of Directors did not participate in this conference and that according to KCHR Charter, only a majority of the Board of Directors or Chair have the right to call meetings. Among the participants there were no acting members of the Board of Directors : only former members, who are supported by the government, participated in this conference. Finally, it should be noted that a room in a cinema was provided to them for the conference while KCHR never has an opportunity to gain access to a room for holding conferences or assemblies. Therefore this conference was considered as being illegal by KCHR.
Moreover, it is reported that, after the press conference, Mr. Tynaliev tried to beat Mr. Giyaz Tokombaev, one of Mr. Dyryldaev’s sons and Mr. Doolot Nusupov, a collaborator of KCHR. Later, Mr. Tynaliev called Mr. Tokombaev several times on a phone and insulted him and proffered death threats. He announced that he would confiscate all the property of Mr. Dyryldaev, with the support of the government. Mr. Tynaliev also declared that he is supported by the Attorney General, the administration of the President and the special services.
According to the information received, Mr. Tynaliev voluntarily left KCHR more than one year ago and Mr. Mombekov and Mr. Jakishev were dismissed by KCHR for activities beyond KCHR mandate.
Finally, on August 1st, Mr. Bulatov, a former coordinator of KCHR in Naryn oblast, who also had been dismissed by the KCHR for activities beyond its mandate, was restored by the Pervomaiskii Court in February 2003, to work in KCHR without the participation of the representative from KCHR, who would have provided proof of circumstances of dismissal.
Action requested:
Please write to the Kyrgyz authorities urging them to:
i. cancel the registration of the false KCHR;
ii. put an end to the harassment directed at the “real” Kyrgyz Committee for Human Rights, Mr. Ramazan Dyryldaev and all human rights defenders in Kyrgyzstan, and ensure that they be allowed to carry out their work without hindrance;
iii. ensure the implementation of the provisions on the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9th1998, in particular article 1 which states 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”, as well as its article 12.1 which stipulates that “everyone has the right, individually or in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”;
iv. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by the Kyrgyz Republic.
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: 996 312 218 627
· Mr. Kurmanbek Osmonov, Minister of Justice, Fax: 996 312 663 044
Paris - Geneva, September 26th, 2003
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
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 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch
KGZ 002/0803/OBS 044.1
Restrictions to freedom of association
New information
Kyrgyzstan
September 26th, 2003
The Observatory for the protection of human rights defenders, a joint programme of FIDH and OMCT, requests your urgent intervention in the following situation in Kyrgyzstan:
New information :
The Observatory has been informed that on September 24th, an official letter signed by the Vice-Minister of Ministry of Justice, Mr. Alymbekov, was addressed to the Kyrgyz Committee for Human Rights (KCHR) announcing that the KCHR had been officially registered, with Mr. Tynaliev, Mr. Jakishev and Mr. Bulatov as executive body.
The Observatory is very concerned by this new registration. Indeed, on August 25th, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others had declared, during a press conference, that they had dismissed Mr. Ramazan Dyryldaev from the position of chair of KCHR and selected Mr. Tynaliev as the new chairman. This was done in total violation of the results of KCHR Board elections held on 11 May 2003, during which Mr. Ramazan Dyryldaev was re-elected as KCHR Chairman.
The Observatory is very concerned by this registration that removes Mr. Ramazan Dyryldaev from the Chairmanship, in an attempt to silence him as a human rights defender, and to muzzle an independent organization, by replacing its board with people who are visibly supported by the Government. The Observatory recalls that the “real” KCHR is a member organization of FIDH and OMCT and fears that these maneuvers, which aims are visibly to disturb and to discredit KCHR activities, may be being undertaken by the authorities to hinder their work, as has already occurred in the past on several occasions. The Observatory recalls in particular that this is the second time since the creation of the KCHR in 1996 that a false organization is registered instead the “real” KCHR (See annual report 2000 of the Observatory).
Background information:
On August 14th, 2003, a courier brought a letter dated August 13th, to the KCHR office from the Ministry of Justice, signed by the deputy Minister Alymbaev N., in which the Ministry ordered KCHR to apply for a new registration within ten days in accordance with the new version of the Constitution that was adopted on February 2nd, 2003, and the Law “On non-commercial organizations” adopted on October 15th, 1999. According to the Ministry of Justice, this registration was required due to the inconsistency of some provisions of KCHR’s Charter with the Constitution and the Law on NCOs (Non-Commercial Organizations).
The Observatory was concerned by this request, since in August 1999, Deputy Justice Minister E. Mamyrov, had notified members of the KCHR that the organization had been re-registered and had once again legal status (this occurred after a ten-month period, during which KCHR had been removed from the register by the same Ministry).
Moreover, on August 25th, during a press conference in AkiPress, former KCHR members, Mr. Tynaliev, Mr. Mombekov, Mr. Jakishev and others, declared that they had dismissed Mr. Dyryldaev from the position of chair of KCHR and selected Mr. Tynaliev as the new chairman.
The Observatory notes that Mr. Dyryldaev was legally re-elected as KCHR Chairman by KCHR members on 11 May 2003. Moreover, it should be noted that acting members of KCHR and its Board of Directors did not participate in this conference and that according to KCHR Charter, only a majority of the Board of Directors or Chair have the right to call meetings. Among the participants there were no acting members of the Board of Directors : only former members, who are supported by the government, participated in this conference. Finally, it should be noted that a room in a cinema was provided to them for the conference while KCHR never has an opportunity to gain access to a room for holding conferences or assemblies. Therefore this conference was considered as being illegal by KCHR.
Moreover, it is reported that, after the press conference, Mr. Tynaliev tried to beat Mr. Giyaz Tokombaev, one of Mr. Dyryldaev’s sons and Mr. Doolot Nusupov, a collaborator of KCHR. Later, Mr. Tynaliev called Mr. Tokombaev several times on a phone and insulted him and proffered death threats. He announced that he would confiscate all the property of Mr. Dyryldaev, with the support of the government. Mr. Tynaliev also declared that he is supported by the Attorney General, the administration of the President and the special services.
According to the information received, Mr. Tynaliev voluntarily left KCHR more than one year ago and Mr. Mombekov and Mr. Jakishev were dismissed by KCHR for activities beyond KCHR mandate.
Finally, on August 1st, Mr. Bulatov, a former coordinator of KCHR in Naryn oblast, who also had been dismissed by the KCHR for activities beyond its mandate, was restored by the Pervomaiskii Court in February 2003, to work in KCHR without the participation of the representative from KCHR, who would have provided proof of circumstances of dismissal.
Action requested:
Please write to the Kyrgyz authorities urging them to:
i. cancel the registration of the false KCHR;
ii. put an end to the harassment directed at the “real” Kyrgyz Committee for Human Rights, Mr. Ramazan Dyryldaev and all human rights defenders in Kyrgyzstan, and ensure that they be allowed to carry out their work without hindrance;
iii. ensure the implementation of the provisions on the Declaration on Human Rights Defenders adopted by the UN general Assembly on December 9th1998, in particular article 1 which states 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”, as well as its article 12.1 which stipulates that “everyone has the right, individually or in association with others, to participate in peaceful activities against violations of human rights and fundamental freedoms”;
iv. guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international instruments ratified by the Kyrgyz Republic.
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: 996 312 218 627
· Mr. Kurmanbek Osmonov, Minister of Justice, Fax: 996 312 663 044
Paris - Geneva, September 26th, 2003
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
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 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch