The Observatory for the
Protection of Human Rights Defenders about Azimjan Askarov
KYRGYZSTAN: Life sentence of Mr. Azimjan
Askarov upheld in appeal, amid serious irregularities
Paris-Geneva, November 16,
2010. The Observatory for the Protection of Human Rights Defenders, a joint
programme of the International Federation for Human Rights (FIDH) and the World
Organisation Against Torture (OMCT), denounces the sentence to life
imprisonment of Mr Azimjan Askarov,
a well-known human rights defender of ethnic Uzbek origin who collected
information during the violences in the South of
Kyrgyzstan and the serious irregularities which occurred throughout the
hearings in appeal, and calls for an urgent and adequate medical treatment to
his alarming health condition.
On
November 10, 2010, the court of appeal upheld the life sentence of Mr. Azimjan Askarov[1],
Director of the human rights organisation “Vozdukh” (Air) based in the city of Bazar
Korgon, in Kyrgyzstan's Jalalabad region, for
involvement in riot, possession of ammunition and murder of police officer Myktybek Sulaimanov, following a
trial marked by irregularities.
On November 3 and
4, 2010, hearings in the trial in appeal against Mr. Askarov was held at Tash Kumyr City Court in Nooken, a
place which is closer to the residence of relatives of the police officer
murdered. The venue was reportedly not prepared technically to host such a
trial, and the room was too small.
The Observatory
was informed that during the hearings, the declarations of the accused, the
witnesses and the victims could not be clearly heard by the audience since the
relatives of the murdered police officer interfered with the hearings by
shouting and formulating threats. Instead of protecting the victims and the
accused, a crowd of policemen stood in front of the courtroom. Participants
present in the courtroom included relatives of the deceased police officer, 15
policemen (presented as victims of the clashes), employees of police
circulation (GAI), agents of National Security (GSNB), and an investigator of
the Prosecutor's office.
The Observatory
deplores that during the hearings, the relatives of the murdered police officer
kept intervening throughout the judicial process, by formulating offensive
words addressed to the defendants, particularly to Mr. Askarov
and Ms. Mamadalieva, and to the lawyers of the
defendants. In addition, all of the defendants were reportedly discriminated
against by the judge under ethnic grounds, who repeated some of the
discriminatory words formulated in the room by the relatives of the victims. .
Furthermore, the
principles of equality of arms and right of presumption of innocence were not
respected. Indeed, no witnesses of the defendants attended because of pressure
and fear exercised by relatives of the murdered police officer. As a consequence,
nobody could testify that Mr. Askarov was not present
on June 13 during the violences in Southern
Kyrgyzstan.
It is also alleged
that the defendants were reportedly tortured and beaten during their
interrogations by the police, and forced to sign false evidence, in violation
of Article 15 of the UN Convention Against Torture to which Kyrgyzstan acceded
on September 5, 1997, and which provides that “any statement which is
established to have been made as a result of torture shall not be invoked as
evidence in any proceedings, except against a person accused of torture as
evidence that the statement was made”.
Furthermore, Mr. Askarov's health is increasingly alarming. According to
reliable sources, he is in a critical state of health and urgently needs
medical intervention. He was transferred on November 12 to the Prison Colony No
47 in the outskirts of Bishkek which has better medical facilities, but his
relatives still fear that his life may be in danger because the prison hospital
may not deliver adequate treatment. Mr. Askarov is
indeed confined in a quarantine room in a basement without any access to fresh
air. According to the organisation Citizens against corruption, whose
representatives visited him, Mr. Askarov was not told
he would be transferred to Bishkek, and therefore did not bring any warm
clothes or basic luggage with him.
Because of severe
digestive problems, Mr. Askarov has not been able to
eat for more than two weeks. On November 10, an ambulance had to be called to
the detention facilities in Bazar-Korgan but Mr. Askarov has still not been examined by a surgeon, as
recommended by the emergency doctor who examined him. In spite of his critical
health condition, Mr. Askarov was nonetheless
transferred to the court to attend the hearing held on that day. On the same
day, the request of Mr Askarov's lawyer to the court
to allow his client to see a surgeon had remained unanswered.
The Observatory
strongly condemns the confirmation of the life sentence of Mr. Askarov, which seem to merely aim at sanctioning his human
rights activities, as well as the absence of adequate medical treatment. The
Observatory calls for his immediate and unconditional release, for measures to
secure the safety of the defendants and their lawyers and for urgent and
adequate medical treatment.
The Observatory
calls on the Kyrgyz authorities to put an end to the judicial harassment
against Mr. Azimjan Askarov
and the other defendants, and to refrain from harassing human rights defenders
and hindering their legitimate and peaceful human rights activities, so as to
conform in all circumstances with the United Nations Declaration on Human
Rights Defenders, the Universal Declaration of Human Rights as well as
international and regional human rights instruments ratified by Kyrgyzstan.
For further
information, please contact:
· FIDH: Karine Appy / Fabien Maitre : + 33 1 43
55 14 12
· OMCT: Seynabou Benga: +
41 22 809 49 39
[1]
Mr. Azimjan Askarov was accused of involvement
in riot, possession of ammunition and murder of police officer Myktybek Sulaimanov, on June 12.
He was sentenced to life imprisonment in September 15, when eight others ethnic
Uzbek were also sentenced to long-term imprisonment. On October 25, Mr Azimjan Askarov and the other defenders appealed to the sentence.