Human Rights Movement “Bir Duino-Kyrgyzstan”
On July 16, 2019, at 9 o'clock in the Chui regional court, a court hearing was to take place to consider the criminal case of human rights activist Azimzhan Askarov, in connection with the decriminalization of the criminal legislation of Kyrgyzstan. Today, on July 15, at 9:20 am, Manas Abylgaziyev, representative of the Chui region court called and explained that the trial was tentatively postponed to July 30, 2019, due to the incomplete composition of the judicial board.
We remind that the UN Committee on Human Rights, by its decision of March 31, 2016, recognized that the State violated Article 7 in the investigation and judicial hearing of the case, separately and in conjunction with Article 2, paragraph 3; article 9, paragraph 1; article 10, paragraph 1; and article 14, paragraph 3 (b) and (e) of the International Convention on Civil and Political Rights. That is, the Committee noted the fact of using torture, cruel, inhumane, degrading treatment of Azimzhan Askarov’s dignity, the lack of legal protection and an impartial, fair trial. UN Committee on Human Rights called on Kyrgyz authorities to immediately release from detention Azimzhan Askarov, human rights activist.
The Chui regional court, which heard the criminal case, in connection with the decision of the UN Committee on Human Rights, on January 24, 2017 upheld the sentence of Bazar-Korgon district court of Jalal-Abad region of September 15, 2016, partially having changed one of the Articles of the charges.
The trial will be held in connection with the introduction from January 1, 2019 of a number of normative acts decriminalizing criminal legislation, the procedure for which is defined in the Law of the Kyrgyz Republic of January 24, 2017 No. 10 “On the Enactment of the Criminal Code of the Kyrgyz Republic, the Criminal Procedure Code of the Kyrgyz Republic, the Criminal Executive Code of the Kyrgyz Republic, the Law of the Kyrgyz Republic “On the principles of amnesty and the procedure for its application”.
In connection with the new criminal law, the introduction of the institute of probation, Kyrgyzstan should demonstrate the world the high principles of humanity and standards of rights of detainees with special needs, maintained in closed institutions (sick, elderly, vulnerable groups like women, pensioners and children), using alternatives.
“Bir Duino-Kyrygzstan” welcomes and supports the political will of the country's top leadership, aimed at entering the legal field, which pays close attention to the fate of the rights of victims and prisoners with special needs in correctional institutions of the Kyrgyz Republic. This category of prisoners should have an alternative, and the right to access to health care, and the right to life, guaranteed by the Constitution of the Kyrgyz Republic.
Kyrgyzstan should not allow deaths of people in correctional institutions, as they are equated with extrajudicial execution.
For additional information, please contact the Human Rights Movement “Bir Duino-Kyrgyzstan”. Attorney contact 0703 40 72 93, 0777 40 72 93, office +996 312 383330
Bishkek, July 15, 2019