Osh Regional Court nullified three search warrants for the Bir Duino premises and human rights lawyers' houses
KGZ 001 / 0315 / OBS 025.2
Judicial harassment
Kyrgyzstan
May 7, 2015
The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has received new information and requests your urgent intervention in the following situation in Kyrgyzstan.
New information:
The Observatory has been informed by reliable sources that on April 30, 2015, the Osh Regional Court nullified three search warrants previously issued by the Osh City Court, which had allowed the State Committee of National Security (SCNS) to search the Bir Duino premises in the city of Osh as well as both houses of human rights lawyers Messrs. Valerian Vakhitov and Khusanbay Saliev[1] (see background information). The searches took place on March 27, 2015 in violation of the Kyrgyz legislation on the practice of lawyers and in particular its Article 29, which provides that “any interference with a lawyer's work is prohibited, unless a lawsuit is filed against him” and clearly states that authors of such undue interference shall be prosecuted.
Still on April 30, the Osh City Court, which was supposed to hear a complaint filed by Messrs. Vakhitov and Saliev against the SCNS on the basis of the same Article 29, refused to consider it. The Court argued that since the Osh Regional Court already ruled against the three search warrants, the complaint had been automatically dismissed.
A few weeks before these developments, another Kyrgyz lawyer faced judicial harassment. Indeed, on April 14, 2015, an investigator of the Department of Internal Affairs of Karakol City issued a decision ordering the removal of lawyer Nurkyz Asanova from the representation of her client, Mr. Ishen Abdrashev. The decision came after Ms. Asanova filed a lawsuit on behalf of her client against police officers, accusing them of acts of torture and forced labour. It is therefore feared that the removal decision is aimed at sanctioning her human rights activities as a lawyer.
The Observatory expresses its deepest concern over the continued harassment of human rights lawyers in Kyrgyzstan, and calls upon authorities in Kyrgyzstan to put an end to any act of harassment, including at the judicial level, against all human rights defenders in Kyrgyzstan.
Background information:
On March 27, 2015, at 4.20 pm, officers from the Osh Office of the SCNS searched the premises of the Osh office of Bir Duino. The Osh City court decision issuing the search warrant was taken on the basis of a criminal case filed against Mr. Umar Faruk[2], a US journalist, under Article 13 of the Penal Code on charges of “countering extremism activity by confiscating forbidden material of religious character”.
On that occasion, the officers from the SCNS seized computers, material related to criminal cases and USB drives containing working documents on human rights issues. Four staff members were in the Bir Duino office at that moment. Subsequently, a number of colleagues, partners, human rights lawyers, as well as a representative of the Ombudsman office of the Osh region and a member of Parliament, Ms. Alnura Altinaeva, came on the spot, but were denied access to the premises.
SCNS officers also searched and seized work material at the place of residence of lawyers, Messrs. Valerian Vakhitov and Khusanbay Saliev.
The above-mentioned searches and confiscations were carried out on the basis of an illegal judicial decision. In addition, the seizure of material at the place of residence of Messrs. Vakhitov and Saliev violates Kyrgyz legislation guaranteeing the immunity of professional documents of lawyers.
On April 6 and 8, 2015 the brother and father of Mr. Khusanbay Saliev, were summoned for questioning at the Department of the State Committee of National Security in the city of Osh. Both were questioned without legal basis for the second time since March 27, 2015.
The Observatory further recalls that this is not the first time that Bir Duino and its representatives are facing harassment. In July and December 2013[3] already, unidentified individuals broke into the Bishkek office of Bir Duino to stole money as well as the video surveillance camera and five laptops which contained key data of the organisation. Bir Duino staff members and Director, Ms. Tolekan Ismailova, have also been judicially harassed and slandered on several occasions[4].
Actions requested :
Please write to the authorities of Kyrgyzstan , urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Messrs. Valerian Vakhitov, as well as of Ms. Nurkyz Asanova, and of all human rights defenders in Kyrgyzstan;
ii. Immediately and unconditionally return the confiscated equipment and material to their owners, and notably to Messrs. Valerian Vakhitov and Khusanbay Saliev;
iii. Put an end to all acts of harassment, including at the judicial level, against all human rights lawyers and defenders in Kyrgyzstan;
iv. Comply with the national legislation safeguarding the independence of lawyers and protecting them from unlawful interference in their professional activities;
v. Comply with all the provisions of the United Nations Declaration on Human Rights Defenders, in particular with:
- its Article 1, which provides that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”;
- its Article 5 (a): “For the purpose of promoting and protecting human rights and fundamental freedoms, everyone has the right, individually and in association with others, at the national and international levels (a) To meet or assemble peacefully”;
vi. Comply with the UN Basic Principles on the Role of Lawyers which states that “Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference”.
vii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Kyrgyzstan.
Addresses :
· Mr. Almazbek Atambaev, President of the Kyrgyz Republic, Chuy Ave, 205, Bishkek, Kyrgyzstan Tel: +996 312 63 91 17, Fax: + 996312626191
· Mr. Melis Turganbayev, Minister of Internal Affairs, Frunze st. 469, Bishkek, Kyrgyzstan, Tel: 0996 312 66 24 50, Fax: + 996312682044 / + 996312623853, email: pressa226@mvd.kg
· Ms. Jyldyz Mambetalieva Jeenbaevna, Minister of Justice, 32 M.Gandi Str., 720010 Bishkek, Kyrgyzstan , Tel: +996 (312) 656490 , Fax: +996 (312) 656502
· Ms. Indira Joldubayeva, General Prosecutor Office, 39 Erkindik Avenue, 720040 Bishkek, Kyrgyzstan ,Tel: +996 (312) 663373, Fax: +996 (312) 661734
· State Committee of National Security, Erkindik blvd 70, Bishkek 720040, Kyrgyzstan, Tel: +996 (312) 66 04 75, Fax +996 (312)66 00 24
· Permanent Mission of Kyrgyzstan to the United Nations in Geneva, Rue Maunoir 26/Rue du Lac 4-6, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21
· Embassy of Kyrgyzstan in Brussels, 47 rue de l’Abbaye, 1050 Bruxelles, Belgium, Tel: + 32 2 640 18 68 / + 32 2 640 38 83, Fax: + 32 2 640 01 31, Email: aitmatov@infonie.be
Please also write to diplomatic representations of Kyrgyzstan in your respective countries.
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