consider the administrative claim of Azimzhan Askarov against the Government of the Kyrgyz Republic

Июн 14.2020

PRESS RELEASE

of the Human Rights Movement “Bir Duino-Kyrgyzstan”

 

On 12 June 2020, at 4:00 p.m., the Administrative Court of Bishkek held another hearing to consider the administrative claim of Azimzhan Askarov against the Government of the Kyrgyz Republic.

The Government representative presented his objection to the court. During the discussion of the objection it turned out that the Human Rights Coordinating Council under the Government of the Kyrgyz Republic, to which the Government representative had referred, did not carry out any work to implement the UN Committee's Views regarding Azimzhan Askarov. The essence of the work performed by the KR Government was reduced to receiving the Views of the Committee, forwarding it to the court, and after receiving the verdict of the court, they informed the Committee about this.

No measures were taken to restore the violated rights and freedoms of Azimzhan Askarov, despite the Constitutional Law “On the Government of the Kyrgyz Republic”, according to which the Government of the Kyrgyz Republic is responsible for ensuring the implementation of international treaties and obligations.

The representative of the Government could not provide the court with any evidence of the measures, that had been taken to implement the Views of the UN Committee on Human Rights in relation to Azimzhan Askarov.

 

Contradictions in judicial acts:

Following the results of the trial, Judge Ch.M. Dosmambetova terminated the proceedings. As a justification, she stated that the case was not subject to administrative proceedings.

However, in the decision dated 21 February 2020 on accepting the administrative claim Judge Ch.M. Dosmambetova indicated that the lawsuit was filed in compliance with the requirements of Articles 111, 112 of the Administrative Procedure Code. Thus, Judge Dosmambetova, in accordance with paragraph 4 of part 1, article 112 of the APC, considering the lawsuit to be subject to administrative consideration, initiated proceedings.

This circumstance is bewildering, since the judge made two conflicting rulings on the same circumstance.

All of us have witnessed yet another court refusal to execute the Views of the UN Human Rights Committee regarding Azimzhan Askarov, entrusted to the Government of the Kyrgyz Republic, namely, to release him immediately, provide him with compensation and access to justice.

The defense party intends to appeal this illegal act to a higher authority.

Information on participants of the hearing, which took place on 12 June 2020:

Composition of the Court: Judge Ch.M. Dosmambatova, Registrar A. Nazarbekova.

Government of the KR:D. Barakov, expert of the Center for Judicial Representation of the Government of the Kyrgyz Republic.

Ombudsman Institution of the KR: Toktobek uulu Alban, expert of the Expert Legal Department.

Interests of A. Askarov were represented by: attorneysV.A. Vakhitov, Kh. Saliev, public defender T.A. Ismailova.

 

For further information, please contact the lawyer V.A. Vakhitov,

mobile: + 996 703 407 293.

 

Human Rights Movement “Bir Duino-Kyrgyzstan”

 

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SHAKHBOZ LATIPOV

SHAKHBOZ LATIPOV

Experience should be attached to a law degree

Shakhboz Latipov, 24 y.o., young lawyer: “When I came to BDK for an internship, I had no experience in legal and human rights activities. Together with experienced senior colleagues, I began to attend trials, studied documents. Gradually my supervisor Khusanbai Saliev began to trust me the preparation of documents, carefully checked them and gave practical advice. Experience comes with time and cases you work on. Every day dozens of people who need help come to us, many of them are from socially vulnerable groups: the poor, large families, elderly citizens. A lawyer in a human rights organization sometimes acts as a psychologist, it is important for him to be able to maintain professionalism and show empathy. At the end of 2019, I successfully passed the exam to get the right to start working as attorney and now I work on cases as an attorney. I turn to my colleagues for help on complex issues, they always give me their advice. This is one of the strengths of the organization: there is support and understanding here.”

FERUZA AMADALIEVA

FERUZA AMADALIEVA

Organization unites regions

Feruza Amadalieva, social worker, leader, teacher: “TOT from BDK is a great opportunity to get acquainted with participants from different regions, we continue to communicate on social media and when we meet at events, as close friends, we have such warm relations! At the events, I improved my knowledge, systematized it, clarified how to apply it in practice. I really like the training modules and the way the system of training and practice is built: role-playing games, theory, discussions. Each person expresses himself/herself. I have become a leader for other vulnerable women, I try to help them and engage them in such events.” Feruza Amadalieva is a regular participant of many BDK events, she invites the BDK lawyers to provide legal advice to vulnerable women.

NURIZA TALANTBEK KYZY

NURIZA TALANTBEK KYZY

I became confident

In summer of 2019, Nuriza Talantbek kyzy took an active part in conducting regional screenings of documentaries, helped with organizational issues during the campaign dedicated to the International Day in Support of Victims of Torture, participated in trips, and did the TOT on women's leadership. She used to be a migrant, worked for an NGO in Osh, and now works in Bishkek in the service industry. She calls her participation in the TOT “an invaluable experience”: “I first attended such an event, and received exactly the information that I needed, for which I am sincerely grateful to the facilitators. I experienced very difficult issues in my life, and thanks to that knowledge, I was able to overcome them, I persevered! After the TOT, I became more confident, began to better understand the essence of human rights, and learned to defend my interests.”

SHUKURULLO KOCHKAROV

SHUKURULLO KOCHKAROV

The defendant has passed away. The work on his rehabilitation continues.

The case of Shukurullo Kochkarov shows that work on complex cases continues for many years. After the torture he was subjected to in 2010, he became disabled. We managed to get acquittal on one of the charges; the work is ongoing on achieving his rehabilitation and recognition as a victim of torture in order for compensation to be paid. Trials continue without Shukurullo Kochkarov - he died on 2 August 2019. His interests are represented by his father, Saidaziz Kochkarov, who also has a visual disability. “For many years, we have been supported by the employees of BDK, they have been handling the case of my son, they brought him to court because he couldn’t walk on his own, they constantly help our family: my wife and I underwent rehabilitation, they have helped my son by providing him with medicines, they provide all kinds of help”.

DILYOR JUMABAEV

DILYOR JUMABAEV

Comprehensive support for victims of torture

Resident of the Kara-Suu district, Dilyor Jumabaev, has extensive experience in dealing with law enforcement agencies. In 2010, he was accused of possessing firearms, and thanks to the work of lawyers, he was acquitted. Two years later, his house was first searched in order to find materials of an extremist nature, but nothing was found. In 2014, he was accused of possessing extremist materials. In court, the prosecutor requested 15 years in prison; the court sentenced him to 6 years. A few years later he was released on parole. “I am grateful to the lawyers of BDK for their expert legal assistance. I participated in a rehabilitation program for victims of torture. When I encounter violations, I recommend contacting this organization.”

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