Situation in Kyrgyzstan 2009

1. Situation in Kyrgyzstan 2009

2. About HRC CAC • Civil Society against Corruption (CSAC) was formed in May 2000 by a group of concerned citizens to involve common citizens in the decision-making process at all levels, to increase the transparency and accountability of state representatives of different levels, and to protect economic, social and cultural rights of ordinary citizens. In March 2005 CAC re-registered as the Human Rights Centre Citizens against Corruption (CAC).  • The mission of CAC is to decrease the level of corruption, poverty and injustice and to improve the human rights situation in Kyrgyzstan. • CAC focuses on fair elections, new leadership (towards a new political culture), legislation, law enforcement, access to state information and transnational companies, against torture. The scope of CAC also covers women's rights, rights of victims of political, social, economic injustice, and ecological issues. 

3. About HRC CAC • In 2009 Human Rights Center “Citizens against corruption” jointly with partners of the network “People Changing the World” focused its activities on the restoration of the constitutional rights of citizens to peaceful assembly and association, promoting the right to life and reform of prison system, assisting in the implementation of the constitutional rights of citizens “to elect and be elected. “ • Also, CAC was actively working on development of female leadership in Kyrgyzstan, improvement of civic education and human rights protection through the use and demonstration of documentary films on human rights at the international festival “One World – Kyrgyzstan.”

4. About HRC CAC • The total number of partners in the anti-corruption network: “People Changing the World” is more than 140 NGOs, 800 activists. • Percentage of men and women in the network remains the same: women - about 70%, involvement of men 30 percent. In the central and regional offices of the Human Rights Center involvement of women and men in the percentage rate remains the same: 96% women, 4% of men. • www.anticorruption.kg • www.birdyino.kg

5. Kyrgyzstan

6. General information • In 2009 non-governmental organizations in Kyrgyzstan had to work in a rigid, repressive atmosphere. Today, the entire state system - the executive, legislative and judicial branches of government serve the interests of the President of Kyrgyzstan Kurmanbek Bakiev and his family. In order to maintain power, the personnel changes are made, amendments to laws are passed that increase and strengthen the influence of the President in all areas of public administration. The current system of government in Kyrgyzstan has clear signs of an authoritarian regime with family-clan ruling. • After the victory of President Bakiev in the past presidential election of 23 July 2009 in Kyrgyzstan an administrative reform was carried out, which resulted in appointment of the president’s son Maxim Bakiev to one of the key economic positions of the State - Central Agency of Kyrgyzstan on development, investment and innovation. All other key positions in the state are also largely led by relatives and entourage of the president.

7. General information • Elections to the parliament of 2007 helped the President to create of the puppet parliament, with which it is easy to legitimize unconstitutional, anti-people laws and reforms. During the year, parliament deputies have repeatedly reviewed the question of the need to return the death penalty, the need to change the Family Code, authorizing the marriage with juveniles; the Communist fraction initiated wide debates through government media about the need to change the Law “On NGOs,” with the purpose to ensure their total control and re-registration. NGOs were called “spies” of the west and western values. • All these initiatives often diverted attention of activists and human rights defenders from the basic work, such as monitoring and civic actions on issues of transparency and accountability of the Government and the Parliament of the KR at all levels. Thus, the Kyrgyz Parliament adopted a new corruptive agreement with Canadian Kumtor-Centerra gold mining company the Law “On Subsoil”. The adoption by the Kyrgyz Government and the Parliament of the laws authorizing the privatization of energy facilities was sad. In May 2009, armed special forces expelled 6 defenders from the Parliament building, which were demanding an access to information on the law on strategic objects that the parliamentary fraction of the “Ak-Jol” party was reviewing.

8. General information • In the area of civil - political rights there is a severe rollback from democratic principles and commitments. At the year-end 2009 Freedom House included Kyrgyzstan into the list of unfree countries. On a scale from 1 to 7 points, Kyrgyzstan received 6 points for political rights situation and 5 for civil liberties. • In order to suppress possible civil initiatives and dissent in society tough methods of intimidation and suppression of civil society activists are undertaken. In the regions, at events organized by human rights NGOs is followed by NSS (National Safety Service) staff systemic presence. In the case of holding various actions and companies, the activists undergo examinations and are demanded to cease their activity.

9. General information • Criticism of decisions and actions passed by the President, the Government and the Parliament, leads to systematic harassment and persecution of human rights defenders and journalists. In 2009 the number of attacks and killings of journalists increased significantly. Human rights activists, who demanded access to information on corruption, were detained by law enforcement bodies and were placed under intolerable conditions.. The authorities used this method of suppression and intimidation of defenders for the first time. • It became impossible to hold peaceful protests actions not only of political character, but also the actions referred to protect the social and economic interests of citizens. Despite the constitutional nature of the notification of peaceful assembly, the law “On peaceful assemblies” has a number of restrictions that nullifies the possibility of holding peaceful meetings and demonstrations. During the year, law enforcement officials prevented a dozens of peaceful demonstrations, the participants of which were arrested, subjected to administrative penalties up to being attracted to criminal liability.

10. Rights to freedom of association and peaceful assembly • The authorities have adopted laws restricting freedom of association and peaceful assembly. In June 2008 the state attempted to restrict NCO/NGOs from being involved in the political and electoral processes by including relevant norms in the Tax Code. • In February 2009 the draft law on amending the Law On Non-Commercial Organizations that restricts the activities of NGOs was initiated by deputies of the Jogorku Kenesh (Parliament of the Kyrgyz Republic). The draft law grants the state authorities supervisory powers and also prohibits the participation of noncommercial organizations in political activity. • A permit is now required for peaceful assembly under the Law On Peaceful Assembly, of the KR that significantly intrudes on citizens exercising their right to freedom of peaceful assembly. • The authorities prevent peaceful assembly in every way possible by arresting participants of peaceful actions. Punishment for participating in peaceful actions has been tightened from a fine to 15 days in prison. On December 20, 2007 demonstrators were arrested for 5-7 days and on July 29, • 2009 in Issyk-Kul oblast, more than 50 participants in a peaceful demonstration were detained and arrested.

11. DETENTION OF HUMAN RIGHTS ACTIVISTS AND PACTICIPANTS OF PEACEFUL ACTIONS • On 8 February 2008, while trying to register a statement of the illegal termination by police servants of the actions “I want to believe,” human rights activist M Kuleshov was beaten by the prosecutor of the Pervomaisky Prosecutir’s office K. Toktogulov. • On 4 March 2009, during the campaign “Stop, you bastard!” M. Kuleshov was detained and forced to Republican mental hospital. Only a day later defenders managed to free M. Kuleshov. The second participant of the action - Mikhail Golovanov was convicted by the Pervomaisky district court decision to 15 days of administrative arrest. • On 18 March 2009, at Government House was detained T. Ismailova, T. Turgunaliev, A. Artykov, who took part in peaceful protest "Civil hour in Memory of Aqsy!" dedicated to the 7th anniversary of the Aksy tragedy. Later, the Supreme Court, having considered the appeals of human rights defenders, acknowledged the lack of administrative offence in their actions.

12. DETENTION OF HUMAN RIGHTS ACTIVISTS AND PACTICIPANTS OF PEACEFUL ACTIONS • On 25 July, 2009, in over 120 cities around the world were held actions in solidarity with Iranian activists and only in Kyrgyzstan the police detained 4 staff members and 4 partners of the HRC “Citizens against corruption". With respect to detainees, Pervomaisky district court ruled that the administrative liability in the form of fines of 1500 soms. • On the day of presidential elections of 23 July 2009 in Balykchi city special forces detained more than 20 supporters of the SDPK party demanding to stop fraud at the polls. The detainees were severely beaten and humiliated, during the days to them lawyers and relatives were not allowed, medical assistance was not provided. • On 25 December 2009, the Court of Balykchy city, Issyk-Kul region, ruled over 4 participants of the peaceful meeting to 4 years of imprisonment in the colony settlements; 9 members - 3 years of probationary period conditionally, 6 participants - 2 - years of probationary period for each conditionally.

13. DETENTION OF HUMAN RIGHTS ACTIVISTS AND PACTICIPANTS OF PEACEFUL ACTIONS • On 29 July 2009 special force arrested 87 members of the marches in Alamudun, Sokuluk, the Moscow district of Chui region, who came in protection of Balykchy people. Seventeen participants of marchers were involved in the arrest for 15 days, 10 days - 4 people, 5 days - 6, 3 days - 2 participants. 11 people were held liable to an administrative fine of 200 soms to 3000 soms. • On 30 and 31 July 2009 arrested human rights activist T. Ismailova, A. Abdirasulova, A. Sasykbaeva, G. Dzhurabayeva, who initiated the action in defense of participants in the peaceful meetings in Balykchy and peaceful marches in the Chui region, were arrested. Each action lasted not more than 15-20 minutes due to the arrest of the participants. Pervomajskij court recognized human rights defenders guilty in violating the order of conducting peaceful meetings and gatherings, and imposed an administrative fine in the amount of from 500 to 2000 soms. The human rights defenders admitted guilt, and an attorney filed an appeal to higher instances.

14. DETENTION OF HUMAN RIGHTS ACTIVISTS AND PACTICIPANTS OF PEACEFUL ACTIONS • Human rights activist N. Botakozuev NGO “Justice - Truth,” after the events in Nookat city of 1 October 2008 Celebration Day of Orosi Ait, was forced to leave Kyrgyzstan in connection with the prosecution case in the mass riots. N. Botakozuev managed to get to Dushanbe (Tajikistan) and on 26 February 2010 after a visit of UN UNHCR was lost in obscurity. On 13 March 2010 N. Botakozuev was found in a temporary facility of NSS of Dushanbe city, where he was tortured brutally. Now Batokozuev is facing the threat of extradition to Kyrgyzstan and imprisonment up to ten years according to six articles of the Criminal Code. • On 3 March in Bishkek there was an attempt to murder a political observer for the newspaper “Reporter-Bishkek,” a member of the opposition party Ata-Meken, Syrgak Abdyldaev. 47-year-old Afghan war veteran, journalist survived thanks to the active resistance and the help of by-passers: four attackers broke both arms journalist and more than 20 stab wounds. Surveillance after S. Abdyldaev continued after discharge from hospital, with a view to safety, he left Kyrgyzstan and now they are in one of the European countries.

15. Freedom of speech • In 2008 Azattyk and BBC radio were off the air for several months, and two independent newspapers, Alibi and De Facto were closed down. Journalists are subject to pressure, prosecution and violence. In 2007 the journalist Alisher Saipov was killed and in July 2009 Almaz Tashiev was also killed. • Since 2006 there have been more than 40 attacks on journalists. • Investigation of murders and violence against journalists is ineffective. Journalists are subject to criminal prosecution and in 2008 more than 50 court cases against the mass media and journalists were recorded. • In most cases (95%) the mass media and journalists are prosecuted under the Protecting the Honor and Dignity of a Citizen and Business Reputation of a Legal Entity article of the Civil Code or under articles of the Criminal Code of the KR for libel and slander.

16. JOURNALISTS PERSECUTION in 2009 • On 7 March 2009 in Osh was severely beaten by unknown people the main operator of the broadcasting company “OshTV” Bahadir Kenzhebaev. With a concussion and other injuries he was taken to reanimation of trauma unit of Osh city hospital. TV guide links this attack to the professional activities - TV recently presented to the audience a series of articles about corruption in the Osh region. • On 26 March 2009 in Bishkek were beaten and robbed employees of the newspaper “Moskovsky Komsomolets-in Kyrgyzstan" E. Ageev and U. Babakulov. On 7 May 2009, was beaten editor of the newspaper “The Tribune” Yrysbek Omurzakov. On 5 June 2009 in Bishkek, four unknown people inflicted body injuries to the executive general director of the newspaper “Achyk Sayasat” Abdivahab Moniev.

17. JOURNALISTS PERSECUTION in 2009 • On 2 July 2009 in the Osh Regional Hospital from the received body injuries without regaining consciousness, died the journalist Almaz Tashiev journalist, born in 1976. On 4 July in Jany-Bazar village of the Nookat district Tashiev was beaten by the servants of police department of Nookat ROVD junior police lieutenants Batyrbek uulu N. and Sh. Nurmatov. • On 2 November 2009 three unidentified people with Asian appearance in the Osh city in the street Osmonov beat the reporter of the “Osh Shamy” newspaper Kubanych Joldoshev. The journalist was planning to publish an article on prostitution in the country. Colleagues of the journalist also connected the attack on Kubanychbek Joldoshev with publications about the protests of students at Osh State University. • On 15 December 2009 in the waiting room of the main editor of the newspaper "Osh Shamy" by the Bureau Chief Kubanych Joldoshev found an envelope with ball cartridge from the AKM-74 and a note with threats.

18. FACTS OF PERSECUTION OF THE OPPOSITION AND THEIR RELATIVES • On 17 January the meeting of the party with the residents of Karaburinsky district was frustrated, in connection with the discovery of an arm with O. Tekebayev, on which he had the relevant documents. At the end of January 2009 the visit of the leaders of the opposition in Moscow to present the concept of political development in Kyrgyzstan was cancelled. The trip did not take place due to pressure exerted by the authorities on Tekebayev, and on his companions. On 23 January on Alikbek Jekshenkulov included in the delegation, was charged a criminal case, and selected preventive measure - under house arrest. • On 10 February the Kazakh border guards detained the opposition leaders Bolotbek Sherniyazov and Omurbek Tekebayev, who took part in an international conference in Almaty. • On 9 January 2009 Ernies Beknazarov, a son of the opposition leader, former General Prosecutor of KR Azimbek Beknazarov was fired from the prosecutor's office in connection with his father's opposition activities. E. Beknazarov was convicted in fraud, against him was charged a case.

19. FACTS OF PERSECUTION OF THE OPPOSITION AND THEIR RELATIVES • In early February 2009 on suspicion of abuse of official position, was arrested former vice-mayor of Balykchy city Taalaibek Mederkulov, the brother of the leader of the opposition movement “for Justice” Alikbek Jekshenkulov. • On 9 March 2009 ex-minister of Foreign Affairs of Kyrgyzstan Alikbek Jekshenkulov was arrested for allegedly committed crimes during his stay of as the head of MFA of Kyrgyzstan. A. Jekshenkulov is accused of complicity in the murder of Turkish businessman Servet Chetin, and the allegedly admitted abuse of authority by the ex-minister and of the damage at 690 thousand soms to the State Enterprise “Kyrgyzdipservis” during the renovation of the MFA building. • Son of Jekshenkulov was charged with hooliganism and currently is outside of Kyrgyzstan. The opposition himself thinks that the cases against him and his family are political pressure.

20. FACTS OF PERSECUTION OF THE OPPOSITION AND THEIR RELATIVES • On 27 April detained a leader of the Greens, Erkin Bulekbaev, as well as public figures Sapar Argymbaev and Uran Ryskulov, who were charged under articles of the Criminal Code "organizing mass disorder" and "ethnic hatred" for "Petrovsky case." • On 24 August 2009 S. Argymbaev, E. Bulekbaev and U. Ryskulov were beaten severely in the cell of the prison (SIZO) # 1 in Bishkek city, the Kyrgyz Republic. The public sees their arrest and prosecution only as a political reprisal. • In August 2009 a well-known opposition politician, leader of the parliamentary fraction SDPK in connection with a direct attempt to physically elimination, after a long chase, was forced to leave Kyrgyzstan. • The deputy of SDPK Kubanychbek Kadyrov also left the country. After getting the consent of Parliament to deprive him of parliamentary immunity to criminal prosecution the General Prosecutor's Office charged him in organizing unrest in Balykchi on 23 July 2009.

21. DEATH OF M. SADYRKULOV • On 13 March 2009 on the way of returning from Alma-Ata to Bishkek was killed the former head of Presidential Administration Medet Sadyrkulov. According to the official version, offroad car of the ‘Lexus’ brand, at which presumably was placed Medet Sadyrkulov, his driver and a former director of the International Institute for Strategic Studies under the President Sergey Slepchenko, stood on the sidelines when it was crashed by a car of the ‘Audi’ brand. According to reports, shortly before the tragedy in the address of Sadyrkulov there were threats, and began surveillance of the house. • Before Sadyrkulov resigned as head of the presidential administration in January 2009, he was considered as “gray cardinal” of Kyrgyz politics. Before leaving Sadyrkulov was engaged in providing talks between the president and the opposition, acting as a mediator.

22. Current situation in KGZ… • The provided facts of human rights abuses, says about controversial, complex political situation in Kyrgyzstan, when sudden events, illegal arrests and detention required flexibility, professionalism and holding emergency consultations with human rights defenders, journalists and international organizations. • In these circumstances, CAC staff and partners were in a constant search for new tactics and tools of influence referred to protect the fundamental human rights and freedoms.