birduino - The action strategy of the HRM "Bir Duino-Kyrgyzstan" for protection of the rights of victims of torture and ill-treatment, developed at a joint meeting on 21-24 August 2020

The action strategy of the HRM "Bir Duino-Kyrgyzstan" for protection of the rights of victims of torture and ill-treatment, developed at a joint meeting on 21-24 August 2020

Сен 04.2020

9 September 2020

Press release

The action strategy of the HRM "Bir Duino-Kyrgyzstan" for protection of the rights of victims of torture and ill-treatment, developed at a joint meeting on 21-24 August 2020.

On 21 - 23 August 2020, a joint meeting of Board members, employees and experts of the HRM "Bir Duino-Kyrgyzstan" was held to discuss the situation with human rights in the Kyrgyz Republic during the coronavirus pandemic, as well as the results of the organization's work and the development of a strategy for action in the main areas of activity.

As a result, the group for the protection of the rights of victims of torture and ill-treatment, consisting of employees of the office in Bishkek, as well as lawyers and attorneys of the Osh office, developed a strategy for further action, including the following actions:

Promotion of N. Mandela's principles for protection of the rights of prisoners with special needs. Advocacy work with the relevant Committee of the Jogorku Kenesh of the KR, Government of the KR, the Security Council of the KR, the KR State Penitentiary Service, the Ombudsman institution, NCPT KR on the need for release of or use alternative methods of punishment for prisoners listed in the database of the HRM "Bir Duino-Kyrgyzstan".

Strategy for further actions to protect the rights of human rights defender A. Askarov and his wife Kh. Askarova. Upon the death of Azimzhan Askarov, the lawyer of the HRM "Bir Duino-Kyrygzstan" sent a statement to the Prosecutor General of the Kyrgyz Republic, O. Jamshitov with a request to initiate pre-trial proceedings, as part of the investigation to determine the cause of death and legal evaluation.

On 11 August 2020 the lawyer of the HRM "Bir Duino-Kyrgyzstan" sent a request to the Prosecutor General of the KR O. Jamshitov to dismiss the investigator of the Investigative Department of the State Penitentiary Service under the GKR, since, according to international standards, the investigation of the death of a prisoner should be conducted by bodies independent of the prison administration.

At the same time, in order to speed up the investigation, a request was sent to the investigator to conduct an additional forensic medical examination on the death of A. Askarov, who was sentenced to life imprisonment.

Further actions to be taken during the investigation:

- Appeal to the court in case the Prosecutor General's office refuses the request to dismiss the investigator of the Investigative Department of the State Penitentiary Service;

- Submit a request to the investigator for questioning additional witnesses in the case: public defender T.A. Ismailova, A. Askarov's wife Khadicha Askarova, A. Askarov's cellmates, etc.;

- The following should be established during the investigation:

the main diseases of Askarov, their progression in the conditions of a special regime envisaged for those sentenced to life imprisonment; issues of providing adequate medical care, their compliance with Standard Minimum Rules for the Treatment of Prisoners, medical treatment of A. Askarov and his illness related to imprisonment, as an elderly person with special needs, in the conditions of the special regime;
whether those diseases were compatible with the conditions of his detention in prison in conditions of the special regime;
whether there is a direct causal relationship between the diseases of A. Askarov and his detention in the conditions of the special regime envisaged for those sentenced to life imprisonment;
whether there is a direct causal link between the sudden death of Azimzhan Askarov on 25 July 2020 with the diseases he acquired while serving his life sentence in prison.

- If necessary, a forensic psychological examination should be conducted;

- In case of refusal to bring charges, to send the case on the death of A. Askarov to the court, the actions of the investigator should be appealed in the courts of the first and second instances;

- In case of satisfaction, initiate compensation in the courts for the damage caused by the death of A. Askarov.

Assistance to Kyrgyzstan in implementation of international obligations in the field of human rights. Kyrgyzstan has ratified most international human rights instruments and recognizes the competence of the Human Rights Committee to receive and consider communications from individuals who claim to be victims of violations. However, to date, the Government of the Kyrgyz Republic has not taken any measures to restore the violated rights of victims according to any of the decisions of the HRC. The case of the well-known human rights activist Azimzhan Askarov confirms this fact.

In this regard, the HRM "Bir Duino-Kyrgyzstan" and the lawyers of the Osh office of the organization intend to work towards the implementation of international obligations by Kyrgyzstan, following the Views of the HRC in relation to victims of human rights violations. In the framework of this activity, the following action strategy will be implemented:

Initiation of judicial and other national legal mechanisms for the benefit of victims of human rights violations, based on the HRC's Views;
Appeals and subsequent communications with international institutions on non-compliance of the Kyrgyz Republic with its obligations to restore human rights;
Training of lawyers and human rights defenders on the mechanisms of the HRC.

To implement this activity, a project proposal has been prepared in order to find ways to support the presented initiatives.

Protection of the rights of victims of torture in the framework of the International Festival of Documentary Films on Human Rights "Bir Duino Kyrgyzstan-2020". In this regard, it is planned to cooperate and partner with the working group on the protection of the rights of victims of torture "Solidarity Platform" to jointly conduct a screening of the documentary on the events of torture and ill-treatment in Belarus, discuss advocacy on the protection of the rights of victims of torture and ill-treatment.

Should you have any questions, please, feel free to contact Aida Baijumanova, HRM "Bir Duino-Kyrgyzstan" via e-mail: birduinokyrgyzstan@gmail.com, aidabaikg@gmail.com or mobile: +996550184095, the lawyers-attorneys of the Osh office of the HRM "Bir Duino-Kyrgyzstan": Khusanbai Saliev - 0555161300, Valerian Vakhitov - 0703407293.

Feedback from our focus groups

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

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

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

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

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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