Kyrgyz Republic - SARTBAY JAICHYBEKOV, Pravo i Lyudi (Law & People)

Founded in 2002 the major areas of focus for Pravo i Lyudi are (i) civic education among school children, (ii) regulation of peaceful relationships and conflict prevention in Kyrgyz-Uzbek borders, and (iii) protection of human rights. Pravo i Lyudi has been providing legal consultations to local citizens, thus defending their civil, constitutional and socio-economic rights both at local and national levels. Together with "Citizens Against Corruption" Sartbay has been defending the rights of victims of the Aksy tragedy (2002).

Human rights defenders in the Kyrgyz Republic have been subjected to harassment, restrictions on freedom of expression, assembly and association, judicial harassment, interrogation, arbitrary detention, ill-treatment and torture. Family members of human rights defenders have also been subjected to harassment and persecution. The authorities and members of organised crime are believed to be the main perpetrators of acts against human rights defenders.

"In the Kyrgyz Republic the principles of democracy are declared formally, but in fact the government has been ruling by the methods of a totalitarian regime.

On 17 March 2002, people who were coming to a meeting were stopped and ordered to go back. The citizens refused to disperse, after which they were shot at with firearms that were not supposed to be in use, even in war time, according to the regulations of the United Nations. Five men, participants in this peaceful demonstration were shot dead. They are Urkunbaev Satymbai, Chetinbaev Erkinaaly, Tagaev Sovetbek, Saparaliev Kadyrkul, Umetaliev Eldiyar. One man, Bekmuratov Medetbek was beaten to death and 13 individuals – Nazarbekov Anaraly, Omurbekov Talik, Botobekov Ulan, Toktobolotov Elzar, Arstankulov Aktan, Momunaliev Maksatbek, Chekirov Bekbolsun, Otmonbetov Uluk, Mamanov Jenishbek, Sadyrov Abdykul, Toktomatov Atamyrza, Kutmanov Sanjar, Baimatov Shuhurulla were seriously injured during the shooting. Over 100 people suffered torture by militia members.

To this day as advocates, defending the rights of victims, we cannot have access to fair court proceedings. The cases against the perpetrators of this tragedy have been dropped three times and only due to efforts by human rights defenders were they renewed again but with no clear results. The next hearing related to the Aksy events, based on appeals submitted by individuals identified as guilty of the tragedy by the court of first instance is expected to take place soon. But the victims were shocked by the decision of the court, which almost failed to rehabilitate justice; the high level officials whose guilt is clear are found not-guilty.

The victims have been seeking answers to the following questions:

1. Why in peacetime did the government permit the shooting of the participants in a peaceful demonstration?
2. Why were the special service groups and military equipment sent to Aksy rayon, when it was peacetime and the electorate was only demanding the release of their legally elected representative to Parliament?
3. Why did the government declare a conflict situation beginning January 6, 2002 thus avoiding the need to recognise the peaceful initiatives by civil society? And, why did it try to conceal the truth about corruption and clan-based politics linked to former President Akayev’s family, which were revealed by MP Azimbek Beknazarov, who in his turn initiated the impeachment of the President?

In the end, as a human rights advocate and as a lawyer who has been working with the immediate victims of the Aksy tragedy, I would like to note that we are only looking for access to fair court proceedings and the rehabilitation of the right of citizens to peaceful freedom of assembly and demonstration.

We expect that the international community will assist us to achieve justice with regard to the Aksy tragedy, so that it will not become a precedent for shooting people at peaceful meetings during peacetime, thus contributing to the improvement of the human rights situation in Kyrgyzstan generally and not just locally."