Kyrgyzstan: A Year On, Demand for Justice for Azimjon Askarov’s Death

Июл 23.2021

Human Rights Defender Died in Arbitrary Detention

Ethnic Uzbek journalist Azimzhan Askarov, who was arbitrarily arrested, tortured, convicted after an unfair trial and jailed for life looks through metal bars during hearings at the Bishkek regional court, Kyrgyzstan.Click to expand Image
Ethnic Uzbek journalist Azimzhan Askarov, who was arbitrarily arrested, tortured, convicted after an unfair trial and jailed for life looks through metal bars during hearings at the Bishkek regional court, Kyrgyzstan, Tuesday, Oct. 11, 2016. © 2020 AP Photo/Vladimir Voronin
(Brussels) – Kyrgyzstan authorities have yet to conduct an independent investigation into the death in detention on July 25, 2020, of the human rights defender and journalist Azimjon Askarov, Human Rights Watch, the Committee to Protect Journalists, Front Line Defenders, Human Rights Movement: Bir Duino-Kyrgyzstan, and International Partnership for Human Rights said today.

Askarov was arrested in 2010 while documenting inter-ethnic violence in southern Kyrgyzstan and had been unjustly held in prison for 10 years, serving a life sentence imposed after an unfair trial marred by torture and ill-treatment.

“Kyrgyz authorities have failed to investigate human rights violations that led to Azimjon Askarov’s death,” said Philippe Dam, Europe and Central Asia advocacy director at Human Rights Watch. “A full year has passed without any sign of an independent and credible investigation into the circumstances of his death and the human rights violations he suffered.”

The Kyrgyz authorities’ inquiry into Azimjon Askarov’s death was conducted by the prison service, the same authority that oversaw Askarov’s arbitrary detention for 10 years. The inquiry was neither independent nor impartial as required under international law, the groups said. It closed in May 2021. The prison authorities concluded that Askarov died from complications of COVID-19 but denied that he was ill-treated in prison. They said that no one could be held responsible for his death, referring to the challenging epidemiological situation in the country at the time of his death.

“Askarov was arbitrarily detained, tortured, and denied justice for over a decade,” said Gulnoza Said, Europe and Central Asia program coordinator at the Committee to Protect Journalists. “His death in prison should not remain unaccounted for.”

Askarov died at age 69 on July 25, 2020, after his health dramatically deteriorated following years of worsening medical problems for which he did not receive adequate treatment in prison. It was known that he would be particularly vulnerable if he were to contract Covid-19.

Despite a number of appeals from his lawyer and family for urgent intervention to protect his health, it was only on July 24, when he had already been seriously ill for 10 days, that he was transferred to a prison hospital for examination and treatment. Tragically, Askarov died with Covid-19 related pneumonia the following day, after being denied timely and adequate medical care. As late as the day before Askarov’s death, the prison service insisted that reports about the defender’s deteriorating health were incorrect and that he was “doing well.”

The Kyrgyz civil society organization, Human Rights Movement: Bir-Duino Kyrgyzstan, filed a complaint with the court against the prison service’s decision to close the investigation, saying that it was unlawful and highlighting investigators’ failure to interview key witnesses. On July 1, 2021, a Bishkek district court rejected this complaint, a decision that Bir-Duino said it would appeal.

In March 2016, the United Nations Human Rights Committee ruled that Askarov had been arbitrarily detained, held in inhumane conditions, tortured and ill-treated without redress, and denied a fair trial. The committee said that Kyrgyzstan should immediately release Askarov, quash his conviction, and provide him with adequate compensation and rehabilitation.

“Kyrgyzstan’s international partners should press the Kyrgyz government to ensure a truly independent and effective probe into his death and to finally implement the UN Human Rights Committee decision on his case,” said Brigitte Dufour, director at International Partnership for Human Rights.

The Kyrgyz authorities should comply with their international human rights obligations and promptly conduct an effective, independent, and impartial investigation into Azimjon Askarov’s death, grant compensation to his family for the rights violations he suffered, and posthumously ensure his legal rehabilitation, Human Rights Watch, the Committee to Protect Journalists, Front Line Defenders, and International Partnership for Human Rights said.

“Human rights defender Azimjon Askarov deserves justice and his loved ones have the right to see his name cleared and to receive adequate compensation for the injustice served him,” said Claire Ivers, head of EU office at Front Line Defenders.

 

 

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Feedback from our focus groups

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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