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

Окт 20.2020

Press Release

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. 

 

Should you have any questions, please, contact the lawyers of Bir Duino-Osh, by phone: +996 555 16 13 00 or 0703 407 293,

and via e-mail: birduinokyrgyzstan@gmail.com

 

Human Rights Movement "Bir Duino-Kyrgyzstan"

Bishkek-Osh

20 October 2020                   

 

 

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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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