Persisting impunity in the case of Ms. Turdieva

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information and requests your URGENT intervention in the following situation in Kyrgyzstan.

New Information:

The International Secretariat of OMCT has received new information from the Kyrgyz Centre for Human Rights (KCHR), a member of the SOS-Torture Network, regarding the case of Ms. Nargiza Turdieva, severely beaten by an inspector of the Department of Internal Affairs, Mr. Ali Mageyev, while pregnant, on 14 January 2006, in Jalal-Abad.

According to the information received, the Jalal-Abad Oblast prosecutor, Mr. Abdibakyt Halmurzaev, who has refused to investigate into the Ms. Turdieva’s allegation of torture by Mr. Mageyev, was recently nominated as “human rights defender” by the Ombudsman of the Kyrgyz Republic, Mr. Tursunbai Bakir uulu. Mr. Halmurzaev is the first public prosecutor in Kyrgyzstan to receive a certificate of honour “for his contribution to the protection of human rights and freedoms of citizens”.

Taking into account Mr. Halmurzaev’s refusal to open a criminal investigation into Ms. Turdieva’s case, the act of granting him a human rights award discredits the figure of the Ombudsman and if no measure is taken by the General Prosecutor, his office will also lose its credibility.

OMCT recalls that the failure to investigate into Ms. Turdieva’s case is a serious violation of article 13 of the UN Convention against Torture, according to which the Kyrgyz Republic shall as a State Party “ensure that any individual who alleges he has been subjected to torture in any territory under its jurisdiction has the right to complain to, and to have his case promptly and impartially examined by, its competent authorities.”

OMCT further recalls that the UN Declaration on the Elimination of Violence against Women states in its article 4(c) that States should "exercise due diligence to prevent, investigate and, in accordance with national legislation, punish acts of violence against women, whether those acts are perpetrated by the State or by private persons."

Brief reminder of the situation:

According to the information received, Ms. Turdieva was summoned by the Department of Internal Affairs on 14 January 2006, to testify as a witness in a case of theft of golden jewellery that belonged to Mr. Husanbai Mamarazykov. During the investigation staff members of the Criminal Investigation Department found the jewellery in the possession of two women, seized the items, let the suspects go and then told Mr. Mamarazykov there had been a mistake. Mr. Mamarazykov never received back the golden items seized by the department.

The case was then transferred to Mr. Ali Mageyev from the Department of Internal Affairs, who summoned Ms. Turdieva as a witness. There she was reportedly pushed, hit and insulted by Mr. Mageyev who requested that she denies her testimony, threatening with doing “everything possible to put [her] in prison and let [her] die there”. Ms. Turdieva then started bleeding and almost lost her baby. After these events, Ms. Turdieva stayed at the Suzak maternity hospital until 23 January 2006.

Although Ms. Turdieva immediately filed a complaint before the City Prosecutor, Mr. Halmurzaev, it was not pursued. With the assistance of the NGO Spradedlivost another attempt was made before the Oblast Prosecutor’s office, i.e. the Regional office Prosecutor, but Mr. Halmurzaev, who became Oblast Prosecutor at that time, refused again to investigate into the event, arguing no crime had been committed in this case. Following requests from Spradedlivost, the General Prosecutor charged the Regional Prosecutor’s office to investigate the case. However, according to the same information, no thorough investigation was undertaken and Ms. Turdieva was even further harassed.

In August 2005, a complaint had been filed against Mr. Mageyev by Mr. Ibragimov, resident of Suzak district, who stated that Mr. Mageyev had extorted 10,000 soms from him. The case was transferred to the Oblast Prosecutor’s office. However, up until now no reply has been received from the institution. The human rights organisation Spravedlivost decided to address both cases directly to the Minister of the Interior, Mr. Marat Sutalinov. Subsequently, Mr. Mageyev filed a lawsuit against Ms. Turdieva and three members of the NGO Spravedlivost – Ms. Valentina Gritsenko, Mr. Abdumalik Sharipov and Mr. Mahamatjan Abdujaparov – requesting an amount of 25,000 US dollars on the basis of alleged defamation. Another lawsuit was filed following the publication in January 2006 by Spradedlivost of the article Women, Even Pregnant Ones, Being Beaten, in its Human Rights Bulletin Law of All People, relating the case of Ms. Nargiza Turdieva.

The court hearing initially took place on 20 and 21 June 2006 but was postponed sine die due to the bad physical condition of Ms. Nargiza Turdieva at that time. According to the information received, during the two-day audience Ms. Turdieva was insulted by Mr. Mageyev’s supporters and several procedural irregularities were registered.

Ms. Turdieva, whose health condition deteriorated after being ill-treated in January 2006, eventually gave birth to a boy on 13 July 2006 and her physical condition is considered as satisfactory now.

Action Requested:

Please continue to write to the authorities in Kyrgyzstan urging them to:

1. Ensure Ms. Nargiza Turdieva’s physical and psychological integrity;
2. Order a prompt, thorough and impartial investigation into the ill-treatment of Ms. Nargiza Turdieva in order to identify all those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law, especially article 305-1 of the Kyrgyz Criminal Code;
3. In respect to the judicial proceeding, ensure that Ms. Turdieva, as well as the members of the NGO Spravedilivost – Ms. Gritsenko, Mr. Sharipov and Mr. Abdujaparov – are given a prompt and fair trial, in which their procedural rights are guaranteed at all times;
4. Guarantee the respect for human rights and fundamental freedoms throughout the country in accordance with national laws and international human rights standards, particularly the UN Convention against Torture.

Addresses:

• Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@rhl.bishkek.su
• Kulov Felix Sharshenbaevich, Prime Minister, Fax: 996312218627
• Omurbek Suvanaliev, Minister of Internal Affairs, Fax: 996312663031, 996312288788
• Marat Kaipov, Minister of Justice, Fax: 996312663044 / 996312656502
• Kambaraly Kongantiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411
• Colonel Nurlan Temirbaev, Head of the Oblast Department of Internal affairs, Jalal-Abad, Fax: +996372250333
• Abdibakyt Halmurzaev, Office of Oblast Public Prosecutor, Jalal-Abad, Fax: + 996372250119
• Permanent mission of Kyrgyzstan, Rue Maunoir 26, 1207 Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

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Geneva, 19 January 2007.

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