Kyrgyzstan must uphold its human rights obligations and release human rights defender Azimjan Askarov, says UN expert

Май 08.2020

GENEVA (8 May 2020) – A UN expert has warned Kyrgyzstan that if it does not immediately release imprisoned human rights defender Azimjan Askarov, the world would see the country is continuing to flout its obligations to guarantee the right to a fair trial.

“The UN’s many communications to have Mr Askarov’s case quashed have been ignored by the Kyrgyzstani authorities,” said Mary Lawlor, the new Special Rapporteur on the situation of human rights defenders. “In 2016, the UN Human Rights Committee found that he had been arbitrarily detained, held in inhumane conditions, tortured, mistreated and denied his right to a fair trial. The Committee called for the quashing of his conviction”

Askarov, a 69-year-old ethnic Uzbek, has been serving a life sentence since 2010 after being accused of complicity in the killing of a police officer, and other crimes. A final appeal in his case will be heard on 13 May, when the Supreme Court will review his case in light of new legal facts and factual elements, including the decision of the UN Human Rights Committee.

“I call for a proper review of Mr Askarov’s appeal in accordance with all the safeguards of a fair trial, and his immediate release. Kyrgyzstan must demonstrate that it is willing to uphold human rights through its protection of human rights defenders and ethnic minorities,” the Special Rapporteur said.

Before his arrest in the aftermath of ethnic violence in southern Kyrgyzstan, Askarov spent more than 10 years documenting cases of police brutality and mistreatment of prisoners in his hometown of Bazar-Korgon. He will not be considered in an amnesty being granted to hundreds of prisoners on 9 May to commemorate the 75th anniversary of the end of the Great Patriotic War and the 2010 People’s Revolution, because of the severity of the charges against him.

“We are concerned about the toll that dismal prison conditions and solitary confinement have had on Mr Askarov’s health, and the increased risk that COVID-19 poses to incarcerated elder prisoners like him with underlying health conditions,” Lawlor said.

The expert called on the government to allow for the early or temporary release of prisoners because of health risks during the COVID-19 pandemic, and to ensure that human rights defenders such as Askarov, and other individuals detained without sufficient legal basis are included.

The Special Rapporteur is communicating with authorities in Kyrgyzstan and will continue to closely monitor the situation.

Ms. Lawlor’s call has been endorsed by the Special Rapporteur on minority issues, Mr. Fernand de Varennes; the Special Rapporteur on the independence of judges and lawyers, Mr. Diego García-Sayán; and the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, Mr. Nils Melzer.

 

ENDS

Ms. Mary LAWLOR (Ireland) is the new Special Rapporteur on the situation of human rights defenders. She’s is currently an Adjunct Professor of Business and Human Rights in Trinity College Dublin. She was the founder of Front Line Defenders - the International Foundation for the Protection of Human Rights Defenders. As Executive Director from 2001-2016, she represented Front Line Defenders and had a key role in its development.  Ms. Lawlor was the Director of the Irish Section of Amnesty International from 1988 to 2000, became a Board member in 1975 and was elected Chair from 1983 to 1987.

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

UN Human Rights, country page: Kyrgyzstan

For more information and media requests please contact Adriana Zarraluqui (+41 22 917 9965 / azarraluqui@ohchr.org) or write to defenders@ohchr.org

For media enquiries regarding other UN independent experts, please contact Xabier Celaya (+ 41 22 917 9445 / xcelaya@ohchr.org)

Follow news related to the UN’s independent human rights experts on Twitter @UN_SPExperts.

 

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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

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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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