The Human Rights Actions Network
www.derechos.org/human-rights/actions/
ACTION REQUEST
New Information
KGZ 001 / 9810/ OBS 070.06
Harassment of activists/threat of arrest
Kyrgystan
15th July 1999
The Observatory for the Protection of Human Rights Defenders, an FIDH
and OMCT venture, has received new information of concern in the
following situation in Kyrgystan.
New Information
The Observatory for the Protection of Human Rights Defenders was
informed that at 11.45 a.m. 14th July the KCHR was telephoned by the
Prosecution officer of Pervomai district (who introduced herself as
Zazanova).
She apparently ordered Mr Drylydaev to come to her office as a criminal
case against Mr R.Drylydaev ,Chairman of Kyrgyz Committee for Human
Rights has apparently been opened.
The case is apparently based on the failure of the KCHR has failed to
hand over its office property to another organisation registered in their
name (see below). The KCHR was ordered by the Pervomaisky district
Court to hand over all office property to the organisation registered in
their name.
Penal Code of Kyrgyz Republic foresees a sentence of up to 2 years
(Article338) in prison. In addition, an article published in the newspaper
the "Slovo Kyrgyzstana" by Prosecutor of the Issyk-Kul province
Zootbek Kudaibergenov has accused Mr Dyryldaev, the director of the
deregistered KCHR of holding illegal meetings on June 7th . The KCHR
maintains that it held seminars "on Presidential and Parliamentary
elections in 2000" which were aimed at raising awareness of local people
citizens on their rights, clarifying the newly adopted Elections Code
(April, 1999) and the provisions of the International Covenant on Civil
and Political Rights.
Given the circumstances of the case, the Observatory fears that Mr
Dryldaev may be arrested in the near future. Should he be arrested the
Observatory must express its grave concerns for both his security and
access to a fair
trial.
The Observatory firmly condemns the cynical use of the law and media
to harass and intimidate the activities of human rights defenders and
their organisations. These new events come within the context of a great
many
other events as part of what seems to be concerted policy on the part of
the authorities, to consistently harass and place obstacles in the work of
a legitimate human rights organisation.
Brief reminder of the situation
The Observatory was informed that the Ministry of Justice had
reregistered a public association calling itself the Kyrgyz Committee for
Human Rights on April 21 1999.
This new organisation is made up of people unknown to the real KCHR.
The narrative of the text of registration contains background history
information of the real KCHR. It is alleged that S.Botaliev the chairman
of this new organisation is closely linked to the National Security
Ministry (the former KGB) and has a previous criminal record for bribery
and embezzlement.
The real KCHR apparently completed all the required procedural matters
connected with their registration by February 4th 1999. In March the
documents were returned with a letter from Mr E.Mamyrov the Deputy
Minister of the Ministry of Justice stating that there were irregularities in
the application. These irregularities were answered and the documents
returned to the Ministry on March 25th 1999.
As Kyrgyz law does not permit the registration of two associations with
the same name (Article 12, 13 of the Law on Public Associations) this
move by the government clearly breaches Kyrgyz law.
The KCHR was originally informed of its deregistration on Thursday 1st
October 1998, pro-governmental newspapers reported that the
registration of the Kyrgyz Committee for Human Rights had been
revoked by the authorities.
The deregistration came in the context of a number of acts of previous
harassment. These acts have included accusations of financial
mismanagement of funds donated by foreign donors and verbal threats
to activists and
leaders of the KCHR It was further alleged that people who live and work
near the offices of the organisation are regularly questioned on the
movements of the workers of the Committee.
The Observatory for the Protection of Human Rights Defenders was
subsequently informed of further acts of intimidation against members
of the KCHR and further attempts to use bureaucratic excuses to delay
their re-registration.
The Observatory is particularly concerned by sources from within the
government who have alleged that orders have been given to certain
members of the authorities to trace workers of the Committee, to find
compromising
materials against them, and to pressure their family members and
relatives.
Action requested
Please write to the Kyrghiz Authorities demanding that they
i immediately drop the charges against Mr Dyldaev;
ii. put an end to all forms of harassment of human rights defenders
and their organisations, in particular the KCHR ;
iii. immediately reinstate the registration of the original KCHR;
iv. ensure the implementation of the provisions of the Declaration
on Human Rights Defenders adopted by the UN General
Assembly on December 9 1998 (Declaration concerning the
rights and responsibilities of individuals, groups and
institutions to promote and protect universally recognised
human rights and fundamental liberties ) in particular its Article
1 which provides that " Every person has the right, individually
or collectively, to promote the protection and fulfilment of
human rights and fundamental liberties at the national and
international level. "
v. guarantee the effective respect of fundamental rights and
liberties in accordance with the provisions of the Universal
Declaration of Human Rights and the international and regional
Pacts and Covenants ratified by Kyrgystan.
Addresses
The President of the Kyrgyz Republic, Askar Akayev, Kyrgyzskaya
Respublika, 720003 g. Bishkek, Prospekt Chuy, 205 Fax+733 1221 86 27
Geneva, Paris, July 15th 1999
