Two cases that were initiated as per applications of Azimzhan Askarov are currently pending in courts: a case in the Bishkek Interdistrict Court on annulment of the actions of the Government of the Kyrgyz Republic, and a case in the Supreme Court of the Kyrgyz Republic on the execution of the Views of the UN Human Rights Committee dated 31 March 2016, which recognized the actions of the State to be a violation of Azimzhan Askarov’s rights, as well as a cassation appeal against the sentence of the Chui regional court dated 24 January 2017, which upheld the sentence of the Bazar-Korgon district court of Jalal-Abad oblast dated 15 September 2010 with minor changes.

Consideration of the case in the Bishkek Inter-district Court is scheduled for 11 May at 10 a.m., and in the Supreme Court for 13 May at 2 p.m.

We should remind that the UN Human Rights Committee called on the Kyrgyz authorities to immediately release Askarov, annul his criminal record and pay him compensation. The Committee found that he had been subjected to torture, cruel, inhuman and degrading treatment.

By ratifying the International Covenant on Civil and Political Rights, Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment the Kyrgyz Republic has pledged to consider communications from individuals who claim to be victims of a violation of the rights set forth in the Covenant by the State party.

Article 10, Part 1, Clause 8 of the Constitutional Law “On the Government of the Kyrgyz Republic” establishes that the Government “ensures the implementation of international treaties to which the Kyrgyz Republic is a party, and which have entered into force in a manner prescribed by law”, and takes measures to ensure the supremacy of law, as well as rights and freedoms of citizens.

To date, the Views of the UN Human Rights Committee have not been implemented by the State, and measures have not been taken to restore the violated rights of the torture victim A. Askarov.

According to Article 26 (Pacta sunt servanda) of the Vienna Convention on the Law of Treaties (Vienna, 23 May 1969), to which the Kyrgyz Republic acceded by adopting the Law No. 49 dated 5 July 1997 (it entered into force for the Kyrgyz Republic on 10 June 1999), the current treaty is binding its participants and must be faithfully performed by them.

According to Articles 27 and 46 of the Convention, a party cannot invoke the provisions of its internal law as justification for its failure to perform a treaty.

I.e., Kyrgyzstan does not have the right to invoke the fact that its consent to be bound by the treaty was given in violation of a provision of its internal law.

Azimzhan Askarov is almost 70 years old, he has served 10 years in prison under a special regime that does not comply with the UN Standard Minimum Rules for the Treatment of Prisoners or, as they are called, the Nelson Mandela Rules.

International standards equate keeping people in such a regime with torture and humiliation of human dignity.

The last visit of A. Askarov by human rights defenders of “Bir Duino-Kyrgyzstan” showed that his health is deteriorating every day, which is also the result of torture, humiliation, cruel inhuman treatment during the detention and preliminary investigation in 2010, as stated in the decision of the UN Human Rights Committee.

Part 1 of Article 16 of the Constitution establishes that human rights and freedoms are inalienable and belong to every person from birth. Human rights and freedoms are among the highest values of the Kyrgyz Republic. They are applicable directly. They determine the purpose and content of the activities of all state bodies, local governments and their officials.

Respect of elders is enshrined in part 2 of Article 37 of the Constitution of the Kyrgyz Republic. Elderly people should not be in places of detention.

Prisoners are released from penal institutions around the world due to coronavirus disease. The idea is supported by the UN: the UN High Commissioner for Human Rights Michelle Bachelet has called for the release of people at risk. According to her, "in many countries, places of detention are crowded, physical distancing and self-isolation in such conditions are practically impossible". “The authorities should take steps to prevent deaths among prisoners and prison staff,” she urged.

The international campaign “COVID-19: Jailed Human Rights Defenders Must Be Released Immediately” is currently underway, its goal is to release people who were detained without sufficient legal grounds, political prisoners, as well as for expressing critical or opposition views.

Among the names of well-known human rights defenders and journalists from the Russian Federation, Saudi Arabia, Bahrain, Egypt, Iran, Philippines, India, Burundi, Turkey, and Mexico posted at the website of the campaign, there is the name of the journalist Azimzhan Askarov.  

Within the framework of this campaign, the Human Rights Movement “Bir Duino-Kyrgyzstan” and the Human Rights Center “Kylym Shamy” appeal to the authorities of Kyrgyzstan to release Azimzhan Askarov from prison. This will show the state’s commitment to fulfill its obligations under international human rights treaties, which, in accordance with the Constitution, are an integral part of the legal system of the Kyrgyz Republic.

We are waiting for positive changes!

Human Rights Movement “Bir Duino-Kyrgyzstan”

Human Rights Center “Kylym Shamy”