Сhronology of the trial processes and the protection on the human rights defender Azimzhan Askarov from 2010.

Дек 02.2020

Chronology of the trial processes and the protection  on the human rights defender Azimzhan Askarov

 from 2010.

Information on the criminal case.

Bazar-Korgon district court

15 September 2010

The Bazar-Korgon district court sentenced A. Askarov to life imprisonment with confiscation of property.

2 September

6 September

7 September

8 September

Hearings in Nooken

15 September

Bazar-Korgon district court issued its decision.

Jalal-Abad oblast court

10 November 2010

According to the verdict of the Judicial Board of the Jalal-Abad oblast court, consisting of the presiding judge A.M. Moldobaev, judges A.S. Arzybaev, A.A. Samatov, prosecutors Janysh uulu N. and E. Mizambekova as of 10 November 2010, the above-mentioned verdict of the district court dd 15 September 2010 was left unchanged.

25 September

Judicial proceedings in Tash-Kumyr.

3 November

Judicial proceedings in Tash-Kumyr (continued).

 

4 November

Judicial proceedings in the village of Nooken (continued).

10 November

Judicial proceedings in the village of Nooken, imposition of sentence.

Supreme Court

20 December 2011

As per the decision of the Supreme Court of the Kyrgyz Republic, consisting of the Presiding judge P. Abakirova, judges Sh. Jakypbaev, G. Sutalinova and Prosecutor K.B. Bakirov, dated 20 December 2011, the guilty verdict against A. Askarov was upheld.

Review of A. Askarov's case based on newly discovered circumstances, at the initiative of the Human Rights Center "Citizens Against Corruption"

01 August 2013 

Jalal-Abad city court. Judicial proceedings according to article 131 (complaints about the actions and decisions of the investigator, prosecutor) of the Criminal Procedure Code of the Kyrgyz Republic on the cancellation of the decision of the investigator for particularly important cases of the Prosecutor's Office of the Jalal-Abad region T. Toitonov dated 10 January 2011, which rejected initiation of criminal proceedings based on the fact of illegal detention and torture of A. Askarov.

21 August 2013  

Jalal-Abad oblast court. The presiding judge Sh. Zhakypbaev, judge A. Abylakimov recused themselves due to earlier participation in the consideration of the criminal case of A. Askarov.  The court session was postponed until 27 August 2013.

27 August 2013 

Jalal-Abad oblast court. The judicial proceedings based on a private complaint submitted by the lawyer V. Vakhitov regarding cancellation of the decision of the Jalal-Abad city court dd 1 August 2013 as well as the decision of the investigator for particularly important cases of the Prosecutor's Office of the Jalal-Abad oblast T. Toitonov dd 10 January 2011 on the fact of illegal detention and torture of A. Askarov.

16 October 2013

Session of the Supreme Court of the Kyrgyz Republic. The court upheld the decision of the Jalal-Abad city court dd 1 August 2013 and the ruling of the Jalal-Abad oblast court dd 27 August 2013.

5 February 2014 

After a lengthy check, the Deputy Prosecutor General of the Kyrgyz Republic, L. Usmanova issued a decision to terminate the initiated proceedings based on newly discovered circumstances in criminal case No. 166-10-159.

26 February 2014

The attorney filed a complaint with the Oktyabrsky district court of Bishkek about the illegality of the decision of the Deputy Prosecutor General of the Kyrgyz Republic L. Usmanova dated 5 February 2014. The trial was scheduled for 14 March 2014.

14 March 2014

Oktyabrsky district court. The hearing was not held due to the illness of judge Shagivaliev.

30 April 2014 

According to the decision of the Oktyabrsky district court of Bishkek, the decision of the Deputy Prosecutor General of the Kyrgyz Republic L.Yu. Usmanova dated 5 February 2014 was recognized as unfounded.

30 June 2014 

The Head of the General Prosecutor's Office of the Kyrgyz Republic M. Kuljabaev made a private submission to the Judicial Board on criminal cases and cases of administrative offenses of the Bishkek city court requesting to cancel the above decision of Oktyabrsky district court of Bishkek.

12 June 2014 

The Bishkek city court partially satisfied the private complaint of the General Prosecutor's Office of the Kyrgyz Republic and terminated the proceedings.

On decriminalization of the criminal case

30 July 2019

The Chui regional court, by its decision issued on 30 July, denied the request of Azimzhan Askarov to review the criminal case due to decriminalization of the criminal legislation.

2 December 2019

As per the decision of the Supreme Court of the Kyrgyz Republic, the definition of the Chui oblast court dated 30 July 2019 was canceled.  The cassation appeal of the attorney V. Vakhitov was partially satisfied.

Proceedings for implementation of the UN Committee's Views regarding Askarov's case

31 March 2016  

 

Having considered the case No. 2231/2012 CCPR/C/116/D/2231/2012, the UN Human Rights Committee  found that the State violated the rights of Azimzhan Askarov: 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.

12 July 2016

The Supreme Court of the Kyrgyz Republic comprised of the presiding judge K.E. Esenkanov, judges K.A. Bokoev and L. Temirbekov, prosecutors N. Tagaev and N. Toktakunov, by its ruling dated 12 July 2016, in compliance with the Views of the UN Human Rights Committee as of 31 March 2016,  canceled the decision of the Supreme Court of the Kyrgyz Republic dated 20 December 2011 and the verdict of the Judicial Board of the Jalal-Abad oblast court as of 10 November 2012.

 

The case was sent to the Chui oblast court for consideration based on new circumstances.

Chui oblast court

 

 

 

24 January 2017 

The Chui oblast court, which consisted of the presiding judge K. Junushpaev, judges D. Jumagulov and N. Isaev, prosecutors K. Toktakunov, Orozbek uulu Esen and S.E. Kamaldinov, reviewed the criminal case based on new circumstances and by its verdict as of 24 January 2017 found A. Askarov guilty according to part 1 of article 241 of the Criminal Code of the Kyrgyz Republic, thus terminating the criminal prosecution on the basis of article 67 of the Criminal Code of the Kyrgyz Republic.

4 October 2016, 11 October 2016

 

18 October 2016, 25 October 2016

1 November 2016

8 November 2016

15 October 2016

20 December 2016

10 January 2017

24 January 2017

The mobile session of the Chui oblast court was held in the building of the Department of Security and Escort of the State Penitentiary Service.

 

The trial did not take place due to illness of the judge.

            

 

 

The attorney N. Toktakunov was not present at the trial due to illness.

 

Supreme Court on the verdict of the Chui court on the implementation of the Views of the UN Human Rights Committee in Askarov's case

27 February 2020

6 April 2020

 13 May 2020

A trial was scheduled for 27 February 2020.

The trial was postponed until 13 May 2020.

The trial scheduled for 6 April was postponed until 13 May due to the fact that the prosecutors did not read the additional request of the attorney.

13 May 2020

The Supreme Сourt upheld the verdict of the Chui oblast court as of 24 January 2017.

 

Administrative appeal against the inaction of the Government of the Kyrgyz Republic in the case of A. Askarov

27 March 2020

11 May

 

 

12 June 2020

1 session

The court rescheduled the hearing for 11 May due to the coronavirus. 

On 11 May the trial did not take place due to the reorganization of Interdistrict courts.

On 12 June 2020 the Administrative court of Bishkek considered the private complaint of A. Askarov.

20 August 2020

 

On 20 August 2020, the Bishkek city court dismissed the application of Khadicha Askarova to recognize her as the legal successor of the plaintiff Azimzhan Kambarovich Askarov.

22 October 2020

 

On 22 October 2020 the Supreme Court upheld

the decisions of the Bishkek administrative court dated 12 June 2020 and the Bishkek city court dated 20 August 2020 by its ruling.

    Investigation into the death of A. Askarov

25 July 2020

Azimzhan Askarov, sentenced to life imprisonment, suddenly died in ward No. 1 in an isolated facility for the detention of prisoners sentenced to life imprisonment of the State Penitentiary Service under the Government of the KR. 

25 July 2020

A lawyer sent a statement to the Prosecutor General of the Kyrgyz Republic O. Jamshitov on the registration of the criminal case for further investigation of the fact of death.

25 July 2020

On 25 July 2020, pre-trial proceedings No. 02-871-2020-000028 were initiated on the case of the sudden death of Azimzhan Askarov.

30 July 2020

A message was sent to the UN Special Rapporteur on the situation of human rights defenders regarding the need to conduct a thorough check on the cause of Azimzhan Askarov’s death. Expressions of concern were sent to the authorities of Kyrgyzstan and Uzbekistan due to the delay in fulfilling the last will of Azimzhan Askarov to be buried on the territory of Uzbekistan, in the city of Tashkent, where he was born.

11 August 2020

A lawyer sent a petition to the General Prosecutor's Office of the Kyrgyz Republic to disqualify A. Moldazhiev, the investigator of the Investigation Department of the State Penitentiary Service under the Government of the KR (GKR), which was dismissed.

12 August 2020

A petition was sent to the investigator of the Investigation Department of the State Penitentiary Service under the GKR A. Moldazhiev, regarding the conduct of an additional forensic medical examination in the case of A. Askarov’s death.

7 August 2020

The investigator's reply to satisfy the lawyer's petition for an additional forensic medical examination in the case of A. Askarov's death. Outgoing No. 10/11-967, dd 17 Aug. 2020.

26 August 2020

A petition was sent to the investigator of the Investigative Department of the State Penitentiary Service under the GKR A. Moldazhiev regarding questioning of witnesses, which was satisfied. According to the investigator's explanation, the mentioned witnesses will be questioned after the results of the forensic medical examination are received.

2 September 2020

A statement was sent to the General Prosecutor's Office of the Kyrgyz Republic on the obstruction of advocacy due to the failure to receive a response from the State Penitentiary Service under the GKR. An answer was received saying that the guilty persons were punished having been subjected to disciplinary measures.

17 November 2020

A message was sent to the Special Rapporteur on extrajudicial executions, torture, human rights defenders on the case of death of A. Askarov.

Administrative appeal against the decision regarding recognition of Kh. Askarova as the legal successor in the case of A. Askarov

20 August 2020

On 20 August 2020, the Bishkek City Court dismissed the application of Khadicha Askarova on recognizing her as the legal successor of the plaintiff Azimzhan Askarov, within her claim against the Government of the Kyrgyz Republic.

22 October 2020

On 22 October 2020, the Supreme Court upheld the decisions of the Bishkek Administrative Court dd 12 June 2020 and the Bishkek City Court dd 20 August 2020 by its ruling.

2020-2021

It is planned to protect the interests of Kh. Askarova in terms of recognizing her as the legal successor using international mechanisms.

On Askarov's property

2 December 2011

Bazar-Korgon district court. The lawsuit brought on the basis of the claim filed by Ch. Bechelova and K. Sulaimanova for compensation for material and moral damage.

 21 February 2012

Jalal-Abad oblast court. The appeal instance of the Jalal-Abad oblast court based on the complaint of the attorney V. Vakhitov and E. Krapivina.

12 July 2010

According to the decision of the Prosecutor's Office of Bazar-Korgon district, Jalal-Abad oblast, within the framework of the criminal case, the only house of A. Askarov, located at the address: Jalal - Abad oblast, Bazar-Korgon district, Bazar-Korgon village, 3 Khobuz-Boyu street, was seized.

27 April 2016

By the order No. 171-p of the State Property Management Fund under the Government of the Kyrgyz Republic dated 27 April 2016, this residential building, based on the proposal of the Bazar-Korgon District Bailiff Service Division dated 3 March 2016, was taken into state ownership.

24 June 2016.

The lawyer submitted an application to the Inter-district court of Bishkek on invalidation of the above mentioned order of the State Property Management Fund under the Government of the Kyrgyz Republic on accepting the house of A. Askarov into state ownership.

26 September 2016 

The State Property Management Fund, without starting legal proceedings, as per its order No. 460-p canceled the order and the statement of acceptance and transfer of the confiscated property of A. Askarov to the State dated 24 June 2016.

5 September 2017

At the request of the Lawyer of the HRM "Bir Duino-Kyrgyzstan" V. Vakhitov, the Bazar-Korgon district court of the Jalal-Abad oblast, lifted the seizure of A. Askarov's house. The Prosecutor's Office recognized the illegality of the seizure and did not appeal the court's decision.

28 February 2019

 

A.R. Sultanalieva, bailiff of the Bailiff Service Unit of the Oktyabrsky district of Bishkek, seized the house of the human rights defender Azimzhan Askarov again.

6 September 2019

Bazar-Korgon district court refused to satisfy the claim for foreclosure of the house of Azimzhan Askarov for material and moral damage in favor of the victim in the criminal case.

20 November 2019

The Judicial Board for civil cases of the Jalal-Abad oblast court canceled the decision of the Bazar-Korgon district court of the Jalal-Abad oblast dated 6 September 2019.  

6 March 2020

The Supreme Court upheld the ruling of the Bazar-Korgon district court of Jalal-Abad oblast dd 20 November 2019.

Starting from 25 July 2020

Legal support is provided to Khadicha Askarova on the inheritance of property from Azimzhan Askarov, who died on 25 July 2020 in the colony No. 47 of the Bishkek State Penitentiary Service under the GKR.

27 October 2020

Khadicha Askarova filed an application with a notary at the place of opening of the succession, i.e. in the village of Bazar-Korgon, Bazar-Korgon district, Jalal-Abad oblast. According to the legislation, the inheritance takes place 6 months after the death.

 

 

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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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