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Supreme Court upheld the decision to expel Bolot Temirov

Status: 
Expulsion Upheld
About the situation

On 12 September 2023, the Supreme Court rejected a cassation complaint on the judgement against the investigative journalist Bolot Temirov. Earlier on 23 November 2022, the Bishkek City Court found Bolot Temirov guilty of document fraud and ruled to expel the journalist from the country and to deport him to Russia. The decision of the Bishkek City Court therefore remains in force.

On 23 November 2022, the Bishkek City Court reviewed the appeal filed by the State Prosecutor against the decision to partially acquit human rights defender and journalist Bolot Temirov. The Court of Appeals upheld the decision of the Sverdlovsk District Court of Bishkek declaring that Bolot Temirov is guilty of document fraud and unprecedentedly ruled to deport human rights defender to Russia. Bolot Temirov was violently detained on site in the court room. At around 7:40 PM, Bolot Temirov was noticed in Manas International Airport accompanied by six law enforcement officers heading to the border control section

On 22 September 2022, Sverdlovsk District Court of Bishkek acquitted human rights defender and journalist Bolot Temirov from charges on drug posession and illegal border crossing. The human rights defender was charged with document fraud, however, due to the expiration of the statute of limitation on this crime, Bolot Temirov will not face any penalty. The state prosecutor accused Bolot Temirov with two counts of documents fraud, one count of illegal border crossing and one count of drug posession and asked for 5 years of prison time. During the hearing, Kyrgyzstani journalists and human rights defenders held a protest near the premises of the Sverdlovsk District Couts of Bishkek, chanting “Freedom to Bolot Temirov.” Bolot Temirov stated that he will appeal the decision.

On 17 May 2022, human rights defender Bolot Temirov was stripped of his Kyrgyz citizenship. The human rights defender’s passport was listed in the database of the National Registration Agency of the Kyrgyzstan Republic Government as invalid, without an official court decision. Additionally, on 18 May 2022, the Sverdlovsk District Court in the Bishkek City Court initiated preliminary proceedings against the human rights defender.

About Bolot Temirov

Bolot Temirov is a Kyrgyzstani human rights defender and prominent journalist, investigatingcorruption. In January 2020, the human rights defender founded the YouTube-based media outlet“Temirov Live”, that investigates and reports on corruption of state and non-state actors. In 2021,he was recognised by the U.S. State Department as an anti-corruption champion and was awardedthe International Anti-Corruption Champions Award for his work to combat corruption inKyrgyzstan. If convicted, Bolot Temirov could face between 10 to 15 years in prison.

1 November 2023
Supreme Court upheld the decision to expel Bolot Temirov

On 12 September 2023, the Supreme Court rejected a cassation complaint on the judgement against the investigative journalist Bolot Temirov. Earlier on 23 November 2022, the Bishkek City Court found Bolot Temirov guilty of document fraud and ruled to expel the journalist from the country and to deport him to Russia. The decision of the Bishkek City Court therefore remains in force.

According to Bakyt Avtandil, the lawyer of Bolot Temirov, the court did not allow the defence to file a motion to disqualify the judge. Once the hearing began, the judge immediately went into the deliberation room to make a decision.

The defence considers the court decision unlawful and plans to submit a complaint to the UN Human Rights Committee. After Committee renders a decision, Bolot Temirov will once again apply to the Supreme Court for a review of his case. Meanwhile, according to deputy Interior Minister Nurbek Abdiyev, Bolot Temirov is banned from entering Kyrgyzstan for five years.

24 November 2022
Human rights defender and journalist Bolot Temirov deported to Russia

On 23 November 2022, the Bishkek City Court reviewed the appeal filed by the State Prosecutor against the decision to partially acquit human rights defender and journalist Bolot Temirov. The Court of Appeals upheld the decision of the Sverdlovsk District Court of Bishkek declaring that Bolot Temirov is guilty of document fraud and unprecedentedly ruled to deport human rights defender to Russia. Bolot Temirov was violently detained on site in the court room. At around 7:40 PM, Bolot Temirov was noticed in Manas International Airport accompanied by six law enforcement officers heading to the border control section

Bolot Temirov is a Kyrgyzstani human rights defender and prominent journalist, investigating corruption. In January 2020, the human rights defender founded the YouTube-based media outlet “Temirov Live”, that investigates and reports on corruption of state and non-state actors. In 2021, he was recognised by the U.S. State Department as an anti-corruption champion and was awarded the International Anti-Corruption Champions Award for his work to combat corruption in Kyrgyzstan.

On 23 November 2022, the Bishkek City Court reviewed the appeal filed by the State Prosecutor against the decision to partially acquit human rights defender and journalist Bolot Temirov and ruled to deport human rights defender to Russia. The Court ruled the Bolot Temirov is guilty of illegally obtaining his Kyrgystan passport and his military ID, and ruled in favour of human rights defender deportation to Russia, since Bolot Temirov also has Russian citizenship. The judge of the Court of Appeals unprecedentedly added a sanction to the decision of the First Instance Court in the form of deportation, despite the fact that the statue of limitation on this violation has passed.

Previously, the Sverdlovsk District Court of Bishkek found Bolot Temirov guilty of document fraud, but did not set up any punishment as the statute of limitation on the document fraud crime has expired. Bolot Temirov was violently detained in the court room and was raken away by a police vehicle. At the moment, human rights defender’s whereabouts are unknown even to his legal team.

On 22 September 2022, the Sverdlovsk District Court of Bishkek acquitted human rights defender and journalist Bolot Temirov from charges on drug posession and illegal border crossing. The human rights defender was charged with document fraud, however, due to the expiration of the statute of limitation on this crime, Bolot Temirov did not face any penalty. The State Prosecutor accused Bolot Temirov with two counts of documents fraud, one count of illegal border crossing and one count of drug possession and asked for 5 years of prison time.

On 20 January 2022, Bolot Temirov Live published a video investigating the alleged involvement of the family members of State Committee for National Security Head, Kamchybek Tashiev, in a corruption scheme relating to a state-owned petroleum refinery. On 22 January 2022, nine masked police officers raided for three hours the office of the YouTube-based outlet, Temirov Live, in Bishkek, without a warrant. During the raid, police officers confiscated all computers and forced male staff members to stay on the ground. According to Bolot Temirov, the officers planted a bag of drugs in his back pocket while pinning him down. Bolot Temirov was arrested without being given any reasons, and his lawyer was unable to meet him for several hours. While the human rights defender was detained, he underwent questioning and a urine test that resulted negative for drugs. According to Bolot Temirov, his arrest was in retaliation for an investigation where he denounced state corruption, which he published on Terminov Live in January 2022. The State Committee for National Security (CNS) officers confiscated Temirov Live’s security camera footage, showing the raid, including the planting of the drugs on the human rights defender.

In April 2022, Temirov Live published another investigation concerning Kamchybek Tashiev and their involvement in the corruption schemes with state tenders. On 17 May 2022, Bolot Temirov was stripped of his Kyrgyzstan citizenship by the Ministry of the Interior. Bolot Temirov’s passport was listed on the database of the National Registration Agency of the Kyrgyztan Republic Government as invalid, without any official court decision. The state launched new criminal cases against human rights defender concerining alledged document fraud and illegal border crossing.

Front Line Defenders is deeply concerned with the unprecedented decision of deport human rights defender and journalist Bolot Temirov to Russia. Front Line Defenders sees this judicial harrassment as a retaliation for Bolot Temirov’s human rights work as investigative journalist and as a part of the newly emerging pattern of targetting human rights defenders and journalists for their non-violent human rights work. Such targeting undermines access to free and independent press and limit the freedom of speech and expression in Kyrgyzstan. Front Line Defenders call upon the Kyrgyzstan authorities to fully acquit human rights defender Bolot Temirov.

16 November 2022
Prosecutors appeal human right defender Bolot Temirov's acquittal

On 26 October 2022, the Prosecutor's office in the Sverdlovsk District, Bishkek, in Kyrgyzstan, has appealed the human rights defenders Bolot Temirov’s acquittal. The State prosecutor has asked the Court to change the acquittal of the human rights defender to a guilty verdict and to sentence him under Article 283 part 1 for illegal possession of drugs, which entails a prison sentence of 5 to 10 years, and under Article 378 of the Kyrgyzstan Criminal Code for illegal border crossing, which provides imprisonment for up to 2 years. The appeal will take place on 17 November 2022 at 2:00PM in the Bishkek City Court, and the decision of the appeal will be enforced with immediate effect.

The grounds for appeal concern the video evidence from the trial, where the narcotic substance is planted on the human rights defender. The prosecutors office believe that the conclusions of the court do not provide answers about who the narcotics exactly belongs to. Additionally, the prosecutor's office believe that Bolot Temirov had intent from the beginning to obtain a Kyrgyzstani passport in order to use it for opportunities provided and therefore all of the human rights defenders current passports have been revoked.

On 22 September 2022, Sverdlovsk District Court of Bishkek acquitted human rights defender and journalist Bolot Temirov from charges on drug possession and illegal border crossing. However, the Court stated that there was no evidence for the case on Bolot Temirov’s drug possession, considering the investigation as biased. Concerning the document fraud and illegal border crossing, the Court stated that the documents were received legally and thus no illegal crossing occurred.

On 19 April 2022, police investigators in Bishkek charged Bolot Temirov with allegedly-forging documents as per Article 379 and illegal border crossing as per Article 378 of the Kyrgyzstan Criminal Code. On 18 May 2022, the Sverdlovsky District Court in the Bishkek City Court initiated preliminary proceedings against human rights defender Bolot Temirov. This included criminal charges of forgery of documents, illegal crossing of state borders and drug-related crime. The Court rejected the motion to exclude inadmissible evidence that was collected during a search of Temirov Live’s office on 22 January 2022 in relation to the drug-related charge. During the search, narcotics were planted on the human rights defender. On 17 May 2022, human rights defender Bolot Temirov was stripped of his Kyrgyzstan citizenship. The human rights defender’s passport was listed in the database of the National Registration Agency of the Kyrgyzstan Republic Government as invalid, without an official court decision.

22 September 2022
Human rights defender and journalist Bolot Temirov acquitted from charges of drug posession and illegal border crossing, but charged with document fraud

On 22 September 2022, Sverdlovsk District Court of Bishkek acquitted human rights defender and journalist Bolot Temirov from charges on drug posession and illegal border crossing. The human rights defender was charged with document fraud, however, due to the expiration of the statute of limitation on this crime, Bolot Temirov will not face any penalty. The state prosecutor accused Bolot Temirov with two counts of documents fraud, one count of illegal border crossing and one count of drug posession and asked for 5 years of prison time. During the hearing, Kyrgyzstani journalists and human rights defenders held a protest near the premises of the Sverdlovsk District Couts of Bishkek, chanting “Freedom to Bolot Temirov.” Bolot Temirov stated that he will appeal the decision.

Bolot Temirov is a Kyrgyzstani human rights defender and prominent journalist, investigating corruption. In January 2020, the human rights defender founded the YouTube-based media outlet “Temirov Live”, that investigates and reports on corruption of state and non-state actors. In 2021, he was recognised by the U.S. State Department as an anti-corruption champion and was awarded the International Anti-Corruption Champions Award for his work to combat corruption in Kyrgyzstan.

On 22 September 2022, the Sverdlovsk District Court of Bishkek acquitted human rights defender and journalist Bolot Temirov from charges on drug posession and illegal border crossing. The human rights defender was charged with document fraud, however, since the statute of limitation was expired, Bolot Temirov will not face any punishment. The state prosecutor accused Bolot Temirov with two counts of documents fraud – in relation to his Kyrgyzstani passport and military ID - in violation of Part 2 of Article 379 of the Criminal Code of the Republic of Kyrgyzstan. He was also accused of one count of illegal border crossing in violation of Part 1 Article 378 of the Criminal Code, and one count of drug posession in violation of Part 1 of Article 283 of the Criminal Code, and asked for 5 years of prison time.

The Court stated that there was no evidence for the case on Bolot Temirov’s drug posession, considering the investigation as biased. Concerning the document fraud and illegal border crossing, the Court stated that the documents were received legally and thus no illegal border crossing took place. With regards to the charge of document fraud, the judge stated that the Ministry of Justice considered one of the application forms submitted by Bolot Temirov while he was applying for his Kyrgyz citizenship as fraudulent. The human rights defender will appeal this decision.

The human rights defender also stated that he and his legal team will also continue to seek justice with regards to the violations committed by the officers of the State Committee of National Security, especially regarding drug planting. Bolot Temirov’s travels will remain restricted until the decision comes into force. The prosecutor has 30 days to appeal this decision.

On 20 January 2022, Bolot Temirov Live published a video investigating the alleged involvement of the family members of State Committee for National Security Head, Kamchybek Tashiev, in a corruption scheme relating to a state-owned petroleum refinery. On 22 January 2022, nine masked police officers raided for three hours the office of the YouTube-based outlet, Temirov Live, in Bishkek, without a warrant. During the raid, police officers confiscated all computers and forced male staff members to stay on the ground. According to Bolot Temirov, the officers planted a bag of drugs in his back pocket while pinning him down. Bolot Temirov was arrested without being given any reasons, and his lawyer was unable to meet him for several hours. While the human rights defender was detained, he underwent questioning and a urine test that resulted negative for drugs. According to Bolot Temirov, his arrest was in retaliation for an investigation where he denounced state corruption, which he published on Terminov Live in January 2022. The CNS officers confiscated Temirov Live’s security camera footage, showing raid - including the planting of the drugs on the human rights defenders.

In April 2022, Temirov Live published another investigation concering family members of State Committee for National Security Head, Kamchybek Tashiev, and their involvement in corruption schemes with state tenders. On 17 May 2022, Bolot Temirov was stripped of his Kyrgyzstan citizenship by the Ministry of the Interior. Bolot Temirov’s passport was listed on the database of the National Registration Agency of the Kyrgyztan Republic Government as invalid, without any official court decision. The state launched new criminal cases against human rights defender concerining alledged document fraud and illegal border crossing.

Front Line Defenders welcomes the decision to pratially acquit human rights defender and journalist Bolot Temirov from drug posession and illegal border crossing charges. It is concerned to see the lack of full acquital of Bolot Temirov, as it views judicial harassment against the human rights defender as a form of retaliation for his human rights work. Front Line Defenders calls on the authorities of the Republic of Kyrgyzstan to carry an impartial and transparent investigation into the case of harassment against human rights defender and journalist Bolot Temirov. It also reiterates the need for human rights defenders in the Republic of Kyrgyzstan to carry out their peaceful human rights work without any forms of reprisal, including judicial harrassment.

30 May 2022
Human rights defender Bolot Temirov was stripped of his Kyrgyz citizenship

On 17 May 2022, human rights defender Bolot Temirov was stripped of his Kyrgyzstan citizenship. The human rights defender’s passport was listed in the database of the National Registration Agency of the Kyrgyzstan Republic Government as invalid, without an official court decision. Additionally, on 18 May 2022, the Sverdlovsk District Court in the Bishkek City Court initiated preliminary proceedings against the human rights defender.

Download the Urgent Appeal

Bolot Temirov is a Kyrgyzstani human rights defender and prominent journalist, investigating corruption. In January 2020, the human rights defender founded the YouTube-based media outlet “Temirov Live”, that investigates and reports on corruption of state and non-state actors. In 2021, he was recognised by the U.S. State Department as an anti-corruption champion and was awarded the International Anti-Corruption Champions Award for his work to combat corruption in Kyrgyzstan. If convicted, Bolot Temirov could face between 10 to 15 years in prison.

On 17 May 2022, human rights defender Bolot Temirov was stripped of his Kyrgyzstan citizenship by the Ministry of the Interior. Bolot Temirov’s passport was listed on the database of the National Registration Agency of the Kyrgyztan Republic Government as invalid, without an official court decision.

On 18 May 2022, the Sverdlovsky District Court in the Bishkek City Court initiated preliminary proceedings against human rights defender Bolot Temirov. This included criminal charges of forgery of documents, illegal crossing of state borders and drug-related crime. The Court rejected the motion to exclude inadmissible evidence that was collected during a search of Temirov Live’s office on 22 January 2022 in relation to the drug-related charge. During the search, nine Counter Narcotics Service (CNS) officers burst into the office while filming. However, there is 1 minute missing from the video as the officer who was videoing could not keep up with the search. The prosecutors obtained this footage in violation of the Criminal Procedure Code, however the request from the human rights defender’s legal counsel to exclude this inadmissible evidence was refused. Bolot Temirov’s legal council filled and appeal which will be held on 6 June 2022. . The video shows the human rights defender taking the drugs that were planted on him out of his pockets, upon the request of the CNS officers. On 17 May 2022, Bolot Temirov was stripped of his Kyrgyzstan citizenship by the Ministry of the Interior. Bolot Temirov’s passport was listed on the database of the National Registration Agency of the Kyrgyztan Republic Government as invalid, without an official court decision.

On 19 April 2022, police investigators in Bishkek charged Bolot Temirov with allegedly-forging documents as per Article 379 and illegal border crossing as per Article 378 of the Kyrgyzstan Criminal Code. The police claim that the human rights defender holds a Russian passport, and that he used forged documents to obtain a Kyrgyz passport and illegally exited and entered Kyrgyzstan more than 50 times in 2008.

On 20 January 2022, Temirov Live published a video investigating the alleged involvement of the family members of State Committee for National Security Head, Kamchybek Tashiev, in a corruption scheme relating to a state-owned petroleum refinery. On 22 January 2022, nine masked police officers raided the office of the YouTube-based outlet, Temirov Live, in Bishkek without a warrant and searched it for approximately three hours. During the raid, police officers confiscated all computers and forced male staff members to the ground. According to Bolot Temirov, officers planted a bag of drugs in his back pocket while pinning him down during the raid. Bolot Temirov was arrested without knowledge of why, and his lawyer was unable to meet his client for several hours. While the human rights defender was detained, the police officers questioned him, and he underwent a urine test which tested negative for drugs. According to Bolot Temirov, his arrest was in retaliation for an investigation denouncing state corruption published by Temirov Live in January 2022. The CNS officers confiscated Temirov Live’s security camera footage, showing the order of events during the search, including the planting of the drugs on the human rights defenders.

On 23 January 2022, Bolot Temirov appeared before the Bishkek District Court. The human rights defender was charged with “illegal making, acquisition, storage, transportation, or sending of narcotic drugs or psychotropic substances without the purpose of sale” as per Part 1 of Article 254 of the Kyrgyzstan Criminal Code. The Bishkek District Court found that the human rights defender’s detention was unlawful and ordered his release from custody. However, Bolot Temirov was instructed not to leave the city, and signed a non-disclosure agreement.

Bolot Temirov has been targetted with ongoing harassment. On 9 January 2020, Bolot Temirov was beaten by three unidentified men shortly after publishing a series of high-profile corruption reports. The human rights defender reported this incident to the authorities, following which the attackers were sentenced. However, those who hired the attackers in this incident were never identified In December 2021, he discovered a hidden camera and microphone in his living room. The human rights defender is accused of being a “traitor” in the services of foreign interests by a cyber-harassment campaign by nationalist propaganda websites. Moreover, Bolot Temirov announced via Temirov Live, that they were under close surveillance and that staff members had been subjected to repeated threats and blackmail by unknown individuals online. Several attempts had been made to hack Temirov Live’s passwords following the investigation.

Front Line Defenders is deeply concerned about the judicial prosecution of human rights defender Bolot Temirov. Front Line Defenders further condemns the stripping of Bolot Temirov’s passport and Kyrgyz citizenship. Front Line Defender believes that the judicial prosecution of the human rights defenders and the stripping of Bolot Temirov’s passport and Kyrgyztan citizenship has a chilling effect on the peaceful and legitimate work of human rights defenders in Kyrgyzstan. Such targetting undermines access to free and independent press and limit the freedom of speech and expression in Kyrgyzstan.