KGZ 001 / 0917 / OBS 095
Judicial harassment
Kyrgyzstan
September
1, 2017
The Observatory for the Protection
of Human Rights Defenders, a partnership of FIDH and the World Organisation
Against Torture (OMCT), requests your urgent intervention in the following
situation in Kyrgyzstan.
Brief description of the situation:
The Observatory has been informed by reliable sources about
the judicial harassment of Ms. Cholpon
Djakupova, President of Adilet Legal Clinic and
former Member of Parliament[1],
Ms. Dina Maslova and Mr. Narynbek Idinov aka Naryn Aiyp, respectively chief editor
and journalist of independent news outlet Zanoza[2].
According to the information received, on August
17, 2017, the Bishkek City Court upheld a nine million KGS (three million KGS -
approx. 37,360 euros - each) fine against Ms. Cholpon Djakupova, Ms. Dina
Maslova and Mr. Naryn Aiyp, following a civil complaint for “insulting the
dignity and honour of the President of the Kyrgyz Republic” under Article 4 of
the 2003 Law on Guarantees of the Activities of the President of the Kyrgyz
Republic.
Previously, on June 30, 2017, the Oktyabrsky
District Court sitting in first instance had ordered the three defenders to pay
the same fine. The complaint stems from a speech delivered by Ms. Cholpon
Djakupova, in which she strongly criticised several lawsuits that had recently
been filed against media outlets and recent Constitutional amendments. Ms. Dina
Maslova and Mr. Naryn Aiyp were targeted for their coverage of Ms. Cholpon
Djakupova’s speech (see background information).
Moreover, a travel ban remains currently in
force against Ms. Cholpon Djakupova, Ms. Dina Maslova and Mr. Naryn Aiyp. In
addition, Ms. Cholpon Djakupov’s cottage has been seized (see background
information).
The Observatory strongly condemns the judicial
harassment targeting Ms. Cholpon Djakupova, Ms. Dina Maslova and Mr. Naryn Aiyp,
which appears to be a form of retaliation for their legitimate and peaceful
human rights activities in particular in defence of the right to freedom of
speech in Kyrgyzstan.
Accordingly, the Observatory urges the Kyrgyz
authorities to put an end to all forms of harassment, including at the judicial
level, against them.
The Observatory further urges the Kyrgyz
authorities to ensure that all the judicial proceedings are carried out in full
compliance with their right to a fair trial as protected under international
law.
Background
information:
On April 20, 2017, the Prosecutor General filed
a civil lawsuit against Ms. Cholpon Djakupova for insulting the honour and
dignity of the President of the Kyrgyz Republic Mr. Almazbek Atambev during a
speech on March 30, 2017, at a round table on freedom of speech organised by
the Ombudsman of the Kyrgyz Republic. She particularly denounced several
lawsuits filed against media outlets and criticised the President for the
negative impact on human rights of the constitutional amendments proposed in
the December 2016 referendum. In December 2016, Ms. Cholpon Djakupova had resigned
from her position as MP hereby losing her parliamentary immunity, to protest against
recent amendments made to the Constitution and against the President’s role in
the adoption of the 2016 Constitutional amendments[3].
Alongside Ms. Cholpon Djakupova, the Prosecutor
General also filed a civil lawsuit against Ms. Dina Maslova and Mr. Naryn Aiyp for
their coverage of Ms. Cholpon Djakupova’s speech in the independent news outlet
Zanoza.
On April 20, 2017, the Prosecutor General
requested the Oktyabsky District Court to adopt a series of conservation
interim measures.
On April 26, 2017, the Oktyabsky District Court
ordered the seizure of Ms. Cholpon Djakupova’s cottage, a travel ban against
the three defendants and the blockage of Zanoza’s
article on Ms. Cholpon Djakupova’s speech. The three defendants had not
been notified of the opening of a case against them and were not notified of
the court’s decision until the decision was reported in the media on April 28,
2017. They later appealed the decision but on May 18, 2017, the Bishkek City
Court upheld the decision.
Actions requested:
Please write to the authorities of Kyrgyzstan, urging them to:
i. Put an end to all
form of harassment, including at the judicial level, against Ms. Cholpon
Djakupova Ms. Dina Maslova and Mr. Naryn Aiyp as well as against all human
rights defenders in Kyrgyzstan;
ii. Ensure that judicial
proceedings against Ms. Cholpon Djakupova Ms. Dina Maslova and Mr. Naryn Aiyp
are carried out in full compliance with her right to a fair trial as protected
under international law;
iii. Put an end to the
ongoing trend of judicial harassment against human rights defenders on trumped
up charges of insulting the dignity and honour of the President of the Kyrgyz
Republic;
iv. Repeal the 2003 Law
on Guarantees of the Activities of the President of the Kyrgyz Republic to the
extent that it unjustifiably and arbitrarily restricts freedom of expression
and contradicts the Constitution;
v. Comply with all the
provisions of the UN Declaration on Human Rights Defenders, adopted by the
United Nations General Assembly on December 9, 1998, in particular with its
article 1, 6 and 12.2;
vi. Ensure in all
circumstances respect for human rights and fundamental freedoms in accordance
with international human rights standards and international instruments
ratified by Kyrgyzstan.
Addresses:
·
Mr. Almazbek Atambaev, President of the Kyrgyz
Republic, Kyrgyzstan, Fax: + 996312626191
·
Mr. Ulan Israilov, Minister of Internal Affairs,
Kyrgyzstan, Fax: + 996312682044 / + 996312623853, Wmail: secretariat@mvd.kg
·
Mr. Uran Akhmetov, Minister of Justice,
Kyrgyzstan, Fax: +996 (312) 656502, Email: jm.26@mail.ru
·
Ms. Indira Joldubayeva, General Prosecutor
Office, Kyrgyzstan, Fax: +996 (312) 661734
·
Permanent Mission of Kyrgyzstan to the United
Nations in Geneva, Switzerland, Email: kyrgyzmission@bluewin.ch, Fax: +41 22
707.92.21
·
Embassy of Kyrgyzstan in Brussels, Belgium, Fax:
+ 32 2 640 01 31, Email: aitmatov@infonie.be
Please also write to diplomatic representations of Kyrgyzstan in
your respective countries.
***
Paris-Geneva, September
1, 2017
Kindly inform us of any action undertaken quoting the code of this
appeal in your reply.
The Observatory for the
Protection of Human Rights Defenders (the Observatory) was created in 1997 by
FIDH and the World Organisation Against Torture (OMCT). The objective of this
programme is to prevent or remedy situations of repression against human rights
defenders. FIDH and OMCT are both members of ProtectDefenders.eu, the European Union Human Rights
Defenders Mechanism implemented by international civil society.
To contact the Observatory, call the emergency line:
·
E-mail: Appeals@fidh-omct.org
· Tel and fax
FIDH + 33 (0) 1 43 55 25 18 / +33 1 43 55 18 80
· Tel and fax OMCT + 41 (0) 22 809 49 39 / + 41 22 809 49 29
[1] Adilet is a legal
clinic providing legal assistance to human rights activists and journalists and
FIDH member organisation in Kyrgyzstan.
[2] Zanoza is
one of Kyrgyzstan’s independent news outlet. It regularly features opinions
from independent, international experts denouncing human rights violations in
the country.
[3] The amendments
adopted in December 2016 have reduced the independence of the judiciary,
strengthened the powers of the executive branch and curtailed the constitutional
oversight of the executive and the legislature rendering the Constitutional
Court unable to make independent decisions on the anti-constitutional nature of
laws.
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