Process Azimzhan Askarov
Мар 23.2020
PRESS RELEASE
of the Human Rights Movement “Bir Duino-Kyrgyzstan”
On 30 March 2020, at 2 p.m., a preliminary meeting will be held in the Bishkek Inter-District Court (64 Ibraimov Str., tel.: + 996 312 681390, 622731) to consider the administrative claim of Azimzhan Askarov against the Government of the Kyrgyz Republic.
Previously, on 23 November 2019, Azimzhan Askarov requested the Government to inform him about the measures taken by the Government to implement the decision of the UN Human Rights Committee dated 31 March 2016, which stated that a violation of the rights of Azimzhan Askarov was committed by the State: according to Article 7, separately and in conjunction with article 2, paragraph 3; article 9, paragraph 1; article 10, paragraph 1 and article 14, paragraph 3 (b) and (e) of the International Covenant on Civil and Political Rights.
Thus, the Committee found that he had been subjected to torture, cruel, inhuman and degrading treatment, and that the State, in violation of the contractual obligations stipulated by the aforementioned Covenant, violated his rights and freedoms, did not provide an effective remedy established by law and envisaged by the state’s legal system. He was subjected to arbitrary arrest and detention, and deprived of his liberty in violation of the procedures established by law.
It should be reminded that, in paragraph 10 of the Views on this case, the Committee obliged the State party to take the necessary measures to immediately release Azimzhan Askarov, as well as to annul the criminal record and grant full reparation for the harm caused.
Until now, A. Askarov has not received any response from the Government.
In the rationale for the claim Azimzhan Askarov referred to part 1 of article 10 of the Constitutional Law “On the Government of the Kyrgyz Republic”, which established that the Government ensures the implementation of international treaties that the Kyrgyz Republic is a party to, takes measures to enforce the law as well as ensures the rights and freedoms of citizens.
Having acceded to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the International Covenant on Civil and Political Rights, article 1 of the Optional Protocol of the Covenant, Kyrgyzstan has undertaken to recognize the competence of the Committee.
In his claim, Azimzhan Askarov noted that, by virtue of Article 26 (Рaсtа 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 on 5 July 1997 (it entered into force for the Kyrgyz Republic as of 10 June 1999) the treaty in force is binding upon the parties to it and must be performed by them in good faith.
By virtue of Articles 27 and 46 of this Convention, a party cannot invoke the provisions of its domestic law as justification for its failure to comply with the treaty obligations.
Thus, the State does not have the right to invoke the fact that its consent to be bound by the treaty was expressed in violation of any provision of its domestic law.
In his administrative claim, Azimzhan Askarov asks the court to invalidate the actions of the Government of the Kyrgyz Republic to ensure the enforcement of the Views of the UN Human Rights Committee on his case dated 31 March 2016.
He also asks the court to oblige the Government of the Kyrgyz Republic to ensure the implementation of international treaties that have entered into force in the manner prescribed by law, to which the Kyrgyz Republic is a party.
These treaties include:
- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which the Kyrgyz Republic acceded according to the Law No. 46 as of 26 July 1996;
- Covenant on Civil and Political Rights, and article 1 of the Optional Protocol to this Covenant to which the Kyrgyz Republic acceded by the Resolution No. 1406-XII of the Jogorku Kenesh of the Kyrgyz Republic dated 12 January 1994;
- Vienna Convention on the Law of Treaties to which the Kyrgyz Republic acceded by Law No. 49 as of 5 July 1997 (it entered into force for Kyrgyzstan on 10 June 1999).
During judicial proceedings the interests of Azimzhan Askarov will be represented by Tolekan Ismailova, Chairman of the Board of the HRM “Bir Duino-Kyrgyzstan”; attorneys Valerian Vakhitov and Khusanbai Saliev.
Should you have any questions, please, contact the Human Rights Movement “Bir Duino-Kyrgyzstan” via e-mail: birduinokyrgyzstan@gmail.com, and by phone: Valerian Vakhitov + 996 703 407293, Aida Baijumanova + 996 550 184095.
Human Rights Movement “Bir Duino-Kyrgyzstan”
