In March this year, during the review of the official website of the KR Ministry of Justice, a list of extremist materials was found in the Activities section. Upon careful examination, it was revealed that in the document entitled "List of legal entities and Internet sites banned on the territory of the Kyrgyz Republic" item No. 26 in the column "Name of legal entity (organization)" contained the following: Report of ADC Memorial submitted by the Human Rights Movement: Bir Duino-Kyrgyzstan and the human rights organization Freedom House entitled: "A Chronicle of Violence: the Events in the South of Kyrgyzstan in June 2010 (Osh region)", and in the column "Grounds for including a legal entity in the List": "Decision of Oktyabrskiy District Court of Bishkek as of 05.01.17", and in the final column "Category of legal entity (organization)" it is indicated: "Extremist".
It is noteworthy that in the Activities section of the website of the KR Ministry of Justice there is a link to the "List of Extremist Materials", and a completely different document is being downloaded entitled "List of legal entities and Internet sites banned on the territory of the Kyrgyz Republic".
It should be noted that this list consists of three columns: 1) Name of legal entity (organization); 2) Grounds for inclusion of a legal entity in the List and 3) Category of legal entity (organization). However, there are no references to "extremist materials" in any of the titles of the above mentioned columns.
Thus, along with such worldwide known terrorist and/or extremist organizations as Akromiya (No. 1 on the list), Al-Qaeda (No. 2), the Taliban Movement (No. 7), the Islamic Party of Turkestan, the Islamic Movement of Uzbekistan, the IMU, the Islamic Renaissance Party (No. 10), the Islamic State or the Islamic State of Iraq and the Levant (No. 11), Hizb ut-Tahrir al-Islami, Hizb ut-Tahrir (No. 14), Jabhad al-Nusra (No. 16) and many others, now there are the ADC Memorial, NGO "Human Rights Movement: BirDuino-Kyrgyzstan" and human rights organization "Freedom House" included as No. 26 on the List.
In the course of acquaintance with the Decision of the Oktyabrskiy District Court of Bishkek dated 05.01.17, it was found out that:
The materials of the alternative report of ADC "Memorial", submitted jointly with the NGO "Human Rights Movement: Bir Duino-Kyrgyzstan" to the UN Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families and the survey report of ADC "Memorial" prepared in collaboration with the Norwegian Helsinki Committee and the human rights organization "Freedom House" published under the title: “A chronicle of Violence: the Events in the South of Kyrgyzstan in June 2010 (Osh region)”, have been recognized as extremist and stirring up ethnic hatred on the territory of the Kyrgyz Republic.
It is prohibited topublish, replicate, store, transportanddistributeinelectronic, audio, audiovisualandprinted form, includingpostingon the Internet, ofthealternativereportoftheADC "Memorial" submitted together withtheNGO "HumanRightsMovement: BirDuino-Kyrgyzstan" to theUNCommitteeontheProtectionoftheRightsofAllMigrantWorkersandMembersofTheirFamiliesandthesurvey reportofADCMemorial, prepared incollaborationwiththeNorwegianHelsinkiCommitteeandthehumanrightsorganizationFreedomHouse, publishedunderthetitle: “AChronicleofViolence: theEventsintheSouthofKyrgyzstanin June2010 (Osh Region)”.
The ADC "Memorial" is prohibited to carry out its activities on the territory of the Kyrgyz Republic.
Execution of the court decision is entrusted to the SCNS and the Ministry of Internal Affairs of the Kyrgyz Republic.
On May 29 this year we filed an appeal against the decision of the Oktyabrskiy District Court of Bishkek dd 05 January 2017, and an application was submitted to restore the missed period of appeal against the decision.
However, on 05 July 2018, theJudicialBoardforCivilCasesofBishkekCityCourtchairedbyA.N.KudaibergenovandthejudgesN.A. Iliyazova and M.B. Dzheenbekova, without going into themerits of the case, refusedthe application oftheNGO "HumanRightsMovement: BirDuino-Kyrgyzstan" to restoretheperiod ofappealagainstthedecisionoftheOktyabrskiyDistrictCourtofBishkekdated 05 January 2017.
Despitetheobviousjustification of not meeting the deadline for appeal, since infactthecourt decision was received bytheNGO“HRM BirDuino-Kyrgyzstan” onMay 14, 2018 accordingtotheletteroftheMinistryofJusticeoftheKyrgyzRepublic, andthatwas the momentwhen theperiodforappealbegan, andthereisnoobjectiveevidencethattheNGO "HRM BirDuino-Kyrgyzstan" kneworshouldhaveknownabouttheexistenceofthisdecision, thejudicialboarddecided thattheNGO "HRM BirDuino-Kyrgyzstan" unreasonablymissedthetermofappeal.
The procedure for establishing a list of extremist materials
In Article 1 of the Law of the Kyrgyz Republic "On Countering Extremist Activity" (hereinafter the Law) the following is meant by the extremist organization and extremist materials:
extremist organization - public associations or religious organizations or other organizations in respect of which, on the grounds provided for in this Law, the court has adopted an enforceable decision to liquidate or prohibit their activities due to performance of extremist activities;
extremist materials - documents intended for promulgation or information presented in another form, calling for implementation of extremist activities or justifying or defending the need to carry out such activities, publications that justify or defend national (ethnic) and (or) racial superiority or justify the practice of committing military or other crimes aimed at the total or partial destruction of any ethnic, social, racial, national or religious group.
The current legislation of the Kyrgyz Republic envisages maintaining of the list of extremist materials by the Ministry of Justice of the Kyrgyz Republic (Article 13 of the Law).
According to paragraph 1 of this regulation, publication, storage, transportation and distribution of certain printed, audio, audio-visual and other materials is prohibited on the territory of the Kyrgyz Republic. Theseinclude:
b) materials, authored bypersonsconvictedinaccordancewithinternationallegislationforcrimesagainstpeaceandhumanityandcontainingthesignsprovidedforbyPart 1 ofArticle 1 oftheLaw (seebelow);
c) any other materials, including anonymous, containing the features provided for in Part 1 of Article 1 of the Law, namely:
“1) activities of public associations or religious organizations or other enterprises, organizations and institutions, as well as mass media, regardless of the form of ownership, or individuals on planning, organizing, preparing and carrying out actions aimed at:
violent change of the foundations of the constitutional order and violation of integrity of the Kyrgyz Republic;
undermining the security of the Kyrgyz Republic;
incitingracial, interethnicorreligioushatred, aswellassocialdiscordconnectedwithviolenceorcallsforviolence;
humiliation of national dignity ;
calls for mass riots, acts of disorderly conduct and acts of vandalism based on ideological, political, racial, ethnic (or) religious hatred or enmity, as well as on motives of hatred or enmity towards any social group;
propaganda of exclusivity, superiority or inferiority of citizens based on their religion, their social, racial, ethnic, religious or linguistic affiliation”.
Article 2992 of the Criminal Code of the Kyrgyz Republic provides for imprisonment for the period of three to five years with deprivation of the right to hold certain posts or engage in certain activities for acquisition, production, storage, distribution, transportation and sending of extremist materials, as well as willful use, including demonstration of symbols or attributes of extremist or terrorist organizations.
Besides that, ifthisactwascommittedbyagroupofpersonsor through abuse ofofficialpositionorusingfinancialorothermaterialassistancereceivedfromforeign, publicassociationsandreligiousorganizationsorotherorganizations, aswellasforeigncitizens, orduringpubliceventsorbyapersonpreviouslyconvictedforextremistorterroristcrimes (extremistactivity), it is punishable by imprisonment for a period between sevenand tenyearswithdeprivationof the righttoholdcertainpositionsorengageincertainactivitiesaccording to parttwo.
According to article 2584 of the Civil Code of the KR, information materials are considered extremist by the court in response to the prosecutor’s application at the district where they were found, distributed or where the organization is located that produced such materials.
In response to the prosecutor’s application, the court has the right to temporarily restrict access to information materials before making a decision (part 2 of the same article).
Toexecute examinationto detectextremistcontentincertain informationmaterialsandoralstatements, acoordinatingexpertcommitteeiscreated; the Regulations for the committeeandits compositionareapprovedbytheGovernmentoftheKyrgyzRepublic (art. 4 oftheLaw).
In accordance with Article 2585 of the Civil Procedure Code of the Kyrgyz Republic, the application is reviewed by the court with participation of the prosecutor who made the claim and the persons indicated in the application if their whereabouts are known. Failure of the persons mentioned in the application to appear in court, in case they have been duly notified of the time and place of the court session, does not prevent the court from consideration of and making a resolution on the case.
If the location of the persons indicated in the application is unknown, the court considers the application in their absence.
A copy of the judicial decision, that has entered into legal force, on the extremist nature of the information materials is sent to the executive authority in the area of justice. Thelistofextremistmaterialsissubjecttoperiodicpublicationinthemassmedia, aswellasonofficialwebsitesofauthorizedstatebodiesinthesphereofjustice, whichcounteractextremistactivities.
Personsresponsible for illegalmanufacture, distribution, transportationandstorageofthesematerialsforthepurposeoffurtherdisseminationaresubject tocriminalprosecution.