consider the administrative claim of Azimzhan Askarov against the Government of the Kyrgyz RepublicИюн 14.2020
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”