On the Importance of the Kyrgyz Republic's Compliance with the Views of the UN Human Rights Committee on the Case of Human Rights Defender, Azimzhan AskarovОкт 20.2020
of the Human Rights Movement "Bir Duino-Kyrgyzstan"
On the Importance of the Kyrgyz Republic's Compliance with the Views of the UN Human Rights Committee on the Case of Human Rights Defender, Azimzhan Askarov
On 22 October 2020, at 11 a.m. the Supreme court will consider a cassation appeal against the decision of the Bishkek Administrative court dated 12 June 2020 and the Bishkek city court dated 20 August 2020, which terminated the administrative case on the claim of Azimzhan Askarov against the government of the Kyrgyz Republic.
It should be reminded that in his Administrative lawsuit against the government A. Askarov requested to invalidate the actions of the government of the Kyrgyz Republic regarding the implementation of the UN Human rights Committee's Views dd 31 March 2016, which recognized the violation of his rights by the State and its obligations under the International Covenant on Civil and Political Rights and to ensure the execution of measures for its implementation.
At a court hearing on 20 August 2020, the Bishkek city court refused to recognize Azimzhan Askarov's wife, Khadicha Askarova, as the legal successor in the Administrative claim against the government of the Kyrgyz Republic, arguing that it was not a propperty dispute.
The court also did not allow one of the lawyers to represent the interests of A. Askarov, arguing that after the death of A. Askarov, the lawyer could not be his representative.
The HRM Bir Duino-Kyrgyzstan believes that such court decisions on the restriction of the right of A. Askarov's wife to be the legal successor of A. Askarov and to use judicial protection to defend the rights violated by the state, noted by the UN Human Rights Committee, not allowing the lawyer to work on the case and the court's conclusions that the claim is not subject to consideration in administrative proceedings contradict the constitutional principle as per the articles 3, 5, 16, 20, which establish the supremacy of the power of the people, the responsibility of the state before the people, and its service to society.
The Constitution of the Kyrgyz Republic states that human rights and freedoms are among the highest values of the Kyrgyz Republic. They are applicable directly and determine the meaning and content of the activities of all state bodies, local self-government bodies and their officials.
The HRM "Bir Duino-Kyrgyzstan" together with partner organizations continues to defend Azimzhan Askarov in both International and national courts, seeking enforcement of the UN Human Rights Committee's decision dd 31 March 2016, which provides for the annulment of his criminal records and full compensation.
The HRM "Bir Duino-Kyrgyzstan" expresses its concern about the delay in the investigation into the death of A. Askarov, which has been going on for more than three months.
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Human Rights Movement "Bir Duino-Kyrgyzstan"
20 October 2020