PRESS RELEASE

of the Human Rights Movement “Bir Duino-Kyrgyzstan”

On 1 June 2020, in the administrative court of the city of Bishkek (presiding judge Ch. Dosmambatova), the hearing of the administrative claim of Azimzhan Askarov against the Government of the Kyrgyz Republic took place.

Composition of the Court: Judge Ch.M. Dosmambatova, Registrar A. Nazarbekova.

Government of the KR: D. Barakov, expert of the Center for Judicial Representation of the Government of the Kyrgyz Republic.

Ombudsman Institution of the KR: Toktobek uulu Alban, expert of the Expert Legal Department.

Interests of A. Askarov were represented by: attorneysV.A. Vakhitov, Kh. Saliev, public defender T.A. Ismailova.

To recap, on 23 November 2019, the journalist, artist and human rights activist Azimzhan Askarov turned to the Government of the Kyrgyz Republic, addressing himself to the Prime Minister M.D. Abylgaziev 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 recognized the violation of the rights of Azimzhan Askarov by the state: 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.

The UN Human Rights Committee found that the human rights activist Azimzhan Askarov was subjected to torture, cruel, inhuman and degrading treatment. It also found 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 provided for by the state’s legal system. Askarov was subjected to arbitrary arrest and detention, imprisoned in violation of the procedures established by law. Askarov’s lawyers and defense were attacked by crowds, the lawyers received life threats, court hearings were held in an atmosphere of threats and discrimination.

In paragraph 10 of the Views in this case, the State party was obliged by the Committee to take the necessary measures to immediately release Azimzhan Askarov, and to annul the criminal record, including full compensation for the damage.

In his administrative claim, A. Askarov noted that more than 4 years have passed since the adoption of the Views of the UN Committee on Human Rights. The Government of the Kyrgyz Republic, which, according to the Constitutional Law “On the Government of the Kyrgyz Republic”, should ensure the implementation of international treaties to which the Kyrgyz Republic is a party, has not taken any practical measures to implement the Views of the UN Human Rights Committee dated 31 March 2016.

Moreover, as it was established during the trial, the Government, in violation of the Law of the Kyrgyz Republic “On the Procedure for Considering Citizens' Appeals,” did not even timely respond to the appeal of Azimzhan Askarov.

At the trial, the parties representing the interests of A. Askarov voiced their position requesting the court to do the following:

1. Recognize the actions of the Government of the Kyrgyz Republic as invalid, in terms of their failure to comply with the Views of the UN Human Rights Committee, in case No. 2231/2012 CCPR/C/116/D/2231/2012, dated 31 March 2016, which recognized the violation by the State of 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. 

2. Oblige the Government of the Kyrgyz Republic:

- in accordance with the authority granted to it by clause 8, part 1, of article 11 of the Constitutional Law “On the Government of the Kyrgyz Republic”, in the context of measures to restore the violated rights of Azimzhan Askarov; on the basis of and to execute:

- the Covenant on Civil and Political Rights, and article 1 of the Optional Protocol to this Covenant to which the Kyrgyz Republic acceded in accordance with the Resolution of the Jogorku Kenesh of the Kyrgyz Republic No. 1406-XII dated 12 January 1994,

- Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to which the Kyrgyz Republic acceded on 26 July 1996 according to the Law No. 46;

- Vienna Convention on the Law of Treaties to which the Kyrgyz Republic acceded by the Law No. 49 dd 5 July 1997 (entered into force for the Kyrgyz Republic on 10 June 1999);

Ensure taking necessary measures to implement the Views of the UN Human Rights Committee, in case No. 2231/2012 CCPR/C/116/D/2231/2012, dated 31 March 2016.

3. Inform A. Askarov about the measures taken by the Government to implement the Views of the UN Human Rights Committee, in case No. 2231/2012 CCPR/C/116/D/2231/2012, which recognized the violation of his rights by the State.

Government of the Kyrgyz Republic: The Government party provided its objection and arguments to the administrative lawsuit. During the survey, the representative of the Government failed to provide materials demonstrating and confirming the measures taken by the Government of the Kyrgyz Republic to implement the decision of the UN Committee on the restoration of the rights of human rights defender Azimzhan Askarov.

Ombudsman Institution of the Kyrgyz Republic: The position of the representative of the Ombudsman Institution was surprising. When asked by the judge whether he supported the lawsuit, he replied: “At the discretion of the court.” We believe that this does not correlate with the requirements of paragraph 2 of Part 1 of the Law “On the Ombudsman (Akyikatchy) of the Kyrgyz Republic” which determines that the Ombudsman (Akyikatchy), in his activities, is governed by international treaties to which the Kyrgyz Republic is a party.

The continuation of the proceeding is scheduled for 12 June, 4:00 p.m. The judge asked the representative of the Government to submit materials confirming his arguments in court.

The Human Rights Movement “Bir Duino-Kyrgyzstan” notes that the trial was conducted in a business-like and constructive manner in compliance with all basic principles of administrative legal proceedings.

For further information, please contact the lawyer V.A. Vakhitov by mobile:

+ 996 703 407 293.

Human Rights Movement “Bir Duino-Kyrgyzstan”