Kyrgyzstan
21.08.02
Urgent Interventions

Kyrgyzstan: the perpetrators of the Aksy tragedy, in which several persons were wounded and at least five died, are still enjoying total impunity

Case KGZ 290102.13
Follow-up to case KGZ 290102
Impunity

Geneva, August 21st, 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 the perpetrators of the so-called Aksy tragedy, in which several persons were wounded and at least five died, are still enjoying total impunity.

According to the information received, on March 17th, 2002, a peaceful demonstration demanding the release of Mr. Beknasarov’s, a Parliamentarian who was being detained and tortured, ended in bloodshed when the Kyrgyz special police forces (OMON), indiscriminately opened fire on the assembled crowd. The marchers were on their way to Kerben when District Prosecutor Abdykalyk Kaldarov, District Administration head Shermamat Osmonov and the head of the District Police Department, accompanied by a number of policemen, blocked their route in the proximity of Boz-Piek, at around 4p.m. The police reportedly began beating women that were participating in the demonstration, and when Tursunbek Akunov, the Chairman of the Human Rights Movement of Kyrgyzstan, was arrested, the demonstrators demanded that he be released. At this point Mr. Kaldarov reportedly gave the order to open fire upon the crowd. Several persons were wounded and five have reportedly died as a result, with at least two persons having received direct shots to the head. Those killed include Sovetbek Tagayev, Kadyrkul Saparaliyev, Begaly Chetinbayev, Urkumbaev Satynay, and a woman whose identity is currently unknown. At least 12 persons suffered serious bullet wounds. The Minister of Internal Affairs has reportedly stated that the police was obliged to resort to live ammunition, due to a lack of rubber bullets and tear gas. None of the perpetrators of these acts have as yet been brought to justice, having in fact received an amnesty from the President.

According to the information received, on July 17th –18th 2002 in Bozpiek, Aksy, a meeting was held where participants demanded a meeting with the President. Present at the meeting were representatives from all over Kyrgzstan. On July 18th 2002, the meeting was held in the form of a National Forum in the centre of Aksy in the Kerben district comprising more than 5,000 participants. Reportedly in response to these events, on July 26th 2002, President Askar Akaev held a round table meeting, to which a great majority of the opposition were invited. The opposition however, refused to attend the meeting, and were represented solely by Tursunbek Akun, a human rights defender. Despite this failed attempt at dialogue, there is no indication that there is any political will to bring the perpetrators of these acts to justice. In fact, these persons have been appointed for new positions within the government, notably as part of the President’s inner circle.

According to the report, people are organising another protest march in September with the aim of increasing pressure on the President and urging him to resign. Although OMCT does not wish to engage in supporting either side in their political struggle, it fears that further repression and human rights violations will be perpetrated by an increasing desperate Government, which is reportedly preparing measures against the protest.

The International Secretariat of OMCT, is gravely concerned that the perpetrators are still enjoying impunity under the amnesty. OMCT strongly urges President Akaev to bring the perpetrators to bring justice. OMCT would once again like to reiterate the fact that the OMCT condemns the Kyrgyz authorities’ use of excessive force against demonstrators and opposition political activists, and their use of beatings, arbitrary arrests, detention, torture and/or harassment against persons who have engaged in protests, as a way to halt political opposition, in violation of their rights to the freedoms of expression and association, and in the more extreme cases, the right to be free from torture and the right to life.

Brief reminder of the situation

According to information received, Deputy Beknasarov, was sentenced to one year in prison following an unfair trial. He was charged under two clauses of the Kyrgyz Criminal Code: clause 177(2) – abuse of power; and clause 185(2) – deliberate detention of an innocent person, following allegations that he had mishandled a murder case, which took place in February 1995, when Mr. Beknazarov was an investigator at the office of the Toktogul District Prosecutor. It is, however, believed that Mr. Beknazarov’s arrest was largely politically motivated, and a result of his recent criticism of the Government, most notably the Kyrgyz-Chinese agreement ratified on May 10th, 2002, under which a section of Kyrgyz territory (some 125,000 hectares) is transferred to China, and he also publicly opposed a similar Kyrgyz land transfer to Kazakhstan. The period that he spent in detention (two months and a half) has been counted in lieu of his one-year sentence, although his release is viewed as unsatisfactory as it has failed to clear his name. Furthermore, because he has been officially imprisoned, he will now lose his seat in the Kyrgyz Parliament. It is still felt that Mr. Beknasarov did not receive a fair trial and was arbitrarily arrested and detained, along with the fact that he was reportedly tortured during his detention.
According to the information received, after Deputy Beknazarov’s arrest on January 5th, 2002, several demonstrations took place across the country, including the Aksy demonstration on 17th March, which have been subjected to violent repression and have been accompanied by further political persecution of opposition groups. Following these events, the Kyrgyz parliament has resigned and the country continues to suffer from the instability created by these events.

Action requested :

Please write to the authorities in Kyrgyzstan urging them to:

1. withdraw the amnesty given to the persons allegedly involved as perpetrators of the human rights violations which occurred in relation to the arrest and torture of Deputy Beknasarov and the Aksy tragedy;
2. 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;
3. guarantee adequate reparation for all persons who have been injured and the families of those who have been killed during these events;
4. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights.

Addresses :

· Mr Askar Akayev, President of the Kyrgyz Republic, Kyrgyzskaya Respublika, 720003 g. Bishkek, Prospekt Chuy, 205, Fax: 996 312 218 627/ 218 627, Email: ghpress2@rhl.bishkek.su
· Mr. Kurmanbek Bakiev, Prime Minister, Fax: 996 312 218 627/ 666 659
· Mr. Temirbek Akmataliev, Minister of the Interior, Fax: 996 312 663 031/ 288 788/ 682 044, mail@mvd.bishkek.gov.kg
· Mr. Jakyp Abdyrahmanov, Minister of Justice, Fax: 996 312 663 044/ 663 044, injust@bishkek.gov.kg

Please also write to the embassies of Kyrgyzstan in your respective country.
Geneva, August 21st, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.