On 13 February 2019, the human rights activist Azimzhan Askarov appealed to the Chui oblast court with a request to reconsider his case due to the humanization of the criminal legislation and the conduct of the trial in his presence.
The trial was originally scheduled for 16 July 2019, however, due to the incomplete composition of the judicial board, the process was rescheduled to 30 July 2019.
On 30 July 2019, the judicial board composed of the chairman of U.M. Sadyrbekov and judges A.K. Dzhumagulov and T.A. Abdyrashitov, not being guided by the principles of independent judicial proceedings, without having studied the arguments of the attorney V. Vakhitov on the five articles of the prosecution, as well as the arguments of the public defender T. Ismailova, left the judicial sentence unchanged. The judges made their decision based on the arguments of the prosecutor Kenzhetaeva on preserving life imprisonment in the new criminal legislation, and re-qualified the charges in accordance with the new criminal legislation.
Also, the judges did not follow the principles of humanity in respect of the human rights activist A. Askarov, who has been serving the sentence since 2010, whose health is deteriorating every day, thus demonstrating dependence and a discriminatory approach. In accordance with the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the "Nelson Mandela Rules," persons with diseases "for whom being in prison would mean a deterioration of their condition should not be held in prisons".
As a reminder, the UN Committee on Human Rights, by its decision as of 31 March 2016, recognized that the State violated the Article 7 in the process of investigation and trial of this case, separately and in conjunction with the Article 2, paragraph 3; article 9, paragraph 1; article 10, paragraph 1 and article 14, paragraph 3 (b) and (e) of the International Covenant on Civil and Political Rights. I.e. the Committee found the fact of torture, cruel, inhuman treatment, degrading Azimzhan Askarov’s dignity, the lack of legal protection and an impartial, fair trial. The UN Committee on Human Rights called on the Kyrgyz authorities to immediately release the human rights activist Azimzhan Askarov from the place of detention.
“Bir Duino-Kyrygzstan” 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 closed institutions of the Kyrgyz Republic. This category of prisoners should have an alternative and the right of access to health care and the right to life, guaranteed by the Constitution of the Kyrgyz Republic. Kyrgyzstan must not allow deaths of people in closed institutions, as they are categorized as extrajudicial execution.
The defense of Azimzhan Askarov intends to appeal the decision of the Chui oblast court to the Supreme Court of the Kyrgyz Republic.
For additional information, please, contact the Human Rights Movement “Bir Duino-Kyrgyzstan”.
The Lawyer’s contact details: + 996 703 40 72 93, + 996 777 40 72 93, office: +996 312 38 33 30.