21.11.2007

How Kyrgyz authorities scoffs at a victim of an arbitrariness

In one of March numbers of  "МК" has been published article "In marriage to  tyrant". In it we have told history of 20-year-old Eles Seketaeva, inhabitant of village Bokonbaevo, whom against her  will "kidnapped in marriage" in far village  Konur-Olon. Sister of Eles, Ryskul Alieva (from which words this history has been written down), has found her in the house of "groom" Mairambek Aaliev  beaten, raped, in a shock condition and has taken her away home. Eles has written complaint to militia. Perfectly knowing about how it is difficult in our country (more precisely, basically it is impossible) for the impecunious person to achieve fair court, we already then suspected, that for Eles  and her relatives everything only begins. To a great regret, our suspicions were justified. Last week Ryskul has again appeared in edition and has told about the next torments - circulations on instances.

 One - for all
In  two and a half month will be one year since under complaint of Eles was opened criminal case. We can not say that "things are right where they started" – they  move, but not in that way.  The victim together with her sister (being her lawful representative) has passed through four court. Four times (not including numerous indications and confrontations in an office of the inspector) she has been compelled to stir in memory the event of the last year's January night, which have turned back for her the nightmare.

- The Tonsky regional court was the first instance which considered our case, - tells Ryskul. - And we before court session repeatedly demanded, to call to account not only Mairambek Aalaev but also  all his friends, relatives involved in abduction and rape of Eles: Sharipa Idrisova, Gulumkan Alieva, Gulnur Aalieva, Jumabek uulu Taalaibek, Maksat Uzakbaev, Japarbek Tokobaev and also the major of militia Ilimbek Musaev. Vainly. The tyrant was at liberty – under written undertaking not to leave a place, as well as those who helped him to push Eles in the car, who propped up a room door in which Mairambek raped  my sister, who forced her to write the letter to relatives, that everything is ok, that she wants to marry Mairambek. All these actions fall under article 30 of Criminal Code (partnership in a crime). We have addressed to court with the petition for  direction of case on additional investigation and about change of preventive punishment for Mairambek and his accessories from written undertaking not to leave a place on holding in custody. The court of Tonsky area under presidency of judge A.Omuraliev has satisfied our petition only partially. Case was directed on investigation, but under guards was  taken only Mairambek. And the Issyk-Kul regional Office of Public Prosecutor also has submitted the written petition for a capture under guards of all accomplices of a crime.

The party of the respondent has directed in the meantime the appeal to Issyk-Kul regional court. Regional court  (judicial session under presidency of judge T.Eraliev has taken place on May, 24th) has upheld the decision of Tonsky court.
- The most interesting, is that in court definition, more precisely, in its descriptive part is accurately specified, that Idrisova, Jumabek uulu, Aalieva and Musaev also have made illegal actions concerning Eles, are helpers of Mairambek and, as well as he, should be punished according to the law, - marks Ryskul.

"Cops are not our friends"
Small digression. To the major of militia Ilimbek Musaev we will devote separate chapter in our narration, because he deserved it. We will remind to readers what was his role in this mean case. In one of villages car in which thieves cart Eles in hysterics, has come into the view of divisional Musaev. The major for certain has had time to notice, that in the car passing by  is something wrong: the little girl in a white medical dressing gown (Eles was kidnapped from hospital, in which she, the student of medical school, that day passed practice) calls for help, cries, beats off. Musaev has sat down in his car and started to pursuit. Has caught up them. From first car left Jumabek uulu Taalai  and in short time "has solved the problem". Later, on investigation, Eles asserted, that all this time she continued to shout: "Help!"  He said that he did not saw and heard that.  And in the indications asserted, that their car stopped only "for form's sake", because that day with delegation the governor of Issyk-Kul oblast Isaev visited  neighbouring villages.

- I went to Karakol, have registered in reception to the governor, - recollects Ryskul, - in all details have described to him our situation and have asked, whether his delegation passed on January, 19th  Tonsky area? He has firmly told, that neither he, nor employees of his department on the specified day didi not visited villages.  Besides he has reasonably noticed: even if I supposedly was there, so what? Is it a reason for  the employee of law enforcement bodies to deny in assistance to the person whose  health (and maybe life) is in  danger? So, Isaev has made an official paper in this occasion, has given,  "indications" and has asked his assistant  "to hold the case under control". I have given this document in Prosecutors office and to the inspector – no reaction! In  the meantime the case was again  transferred in Tonsky court, which session has taken place on September, 12th. On court I showed  to the judge the document from the governor, proving that, Musaev has given false testimonies, and our lawyer demands again direction of case to investigation in connection with again opened circumstances. Aaliev  again appeals.

- Recently I have learnt, that major Musaev is promoted in work, - is indignant Ryskul. – I often visit  Tonsky RDIA. The  chief of internal department, told me that  Musaev became now the head of one of  departments. This fact speaks about much.
By the way, about "again opened circumstances". Last time Ryskul  has told  us, how she has independently found and detained one of accomplices: Jumabek uulu Taalai. Ryskul has found out, that he works in Bishkek as the driver on 211th route, has told about it to the inspector. He has not accepted any measures. As a result she (!) has received the sanction on detention of Jumabek uulu signed by regional public prosecutor Kaliev. With this document she has arrived to Bishkek and  caught the man at a final stop in novo-Pavlovka. And employees of nearby City Department of Militia  helped her.

- imagine, during the first court I read in official report of field investigator of our RDIA that he  "as a result of the spent operatively-search actions has detained suspect Jumabek uulu Taalaibek", - recollects Ryskul. - I could not believe my eyes! I stood at night at a stop, watched for him, and all laurels - to the field investigator, which denied to help me. Of course the question is not about laurels. I have written the complaint to chief of RDIA demading to change  false official report, following actual documents.

On 180 degrees
The fourth litigation which has taken place in Karakol on October, 23rd under presidency, note,  the same judge T.Eraliev, became for the victim and her sister a shock. Having considered case, the court has defined, that maintenance of Mairambek under guards was...  unreasonable!
- Besides, there was a private appeal representation from deputy prosecutor of  Tonsky area Urdaletova, in which she has written, that participation of other persons in crime is not proved! How? - Asks Ryskul. - I have done the utmost, I have proved, that Musaev has given false testimonies! If he that day fulfiled his work  under the law, Eles would be safe, anything would not happen! Why concerning Idrisova, which herself on a confrontation admitted the organisation of abduction, no measures are taken? On confrontation Idrisova has accurately told: " Your family is poor, you can’t do anything, and I will bribe all ". Why those who has helped Mairambek to kidnapp  and rape Eles, come out victor? I have given all inquiries that as a result of actions of Mairambek Aaliev, Eles got  the craniocereberal trauma; the forensic medical examination has shown, that my sister has been raped, that she has bruises on all body; the doctor-neuropathologist has made the conclusion, that for the rest of her life she should pass twice a year supporting course of treatment because she has constant headaches, apathy, now she is  in a depression... And after all these, the court counter with own decision from May, 24th, having turned on 180 degrees, borns the decision to release the tyrant from custody in a court hall. And not direct the case to investigation, and to give " for consideration in essence to Tonsky regional court ".

"If I rise, you will lay down!"
But it is not the end.  According to Ryskul, she is afraid not only for own life and health, but also for relatives, because from Maksat Uzakbaev ( which suggested "to sew up virginity" of Eles) regularly sound threats.
- Uzakbaev constantly declares to me, that I  will not achieve a thing, that all of them remain on freedom, and in that case neither  me, nor  my husband, and my child will not live peacefully, - speaks Ryskul. - he said these threats even during a confrontation at inspector Maksat Borumbaev. I asked Borumbaev to fix words of Uzakbaev, and he has told: "solve it yourself!" My sister has gone to hysterics which was heard by all RDIA. At  the same night i lost my child (Ryskul was on the fourth month of pregnancy. - Е.А.). I have written the complaint adressed to the regional judge, have asked somehow to protect us from attacks of Uzakbaev. He send it to the inspector - and again any consequences for Uzakbaev.  On court I again hear threats and ridiculous charges  - they turn case so, that she probable herself  laid down under Mairambek.

Who is responsible for human rights?
Last time we wrote that all NGO’s, engaged ostensibly in protection of human rights, have not helped to Ryskul and Eles. Alas, till now nothing case changed. She addressed to many organizations with the request for the help!

- I called in  Commission of Human Rights under  the president, to expert Ikram Gaparovich Mameshev. He does not want to speak to me, having heard who I am and with what problem I address. There is a National board concerning women,  family and gender development, I addressed to the responsible secretary of council Toktokan Borombaeva. I  recently called to learn, what is with my application, to me answered: "Over your material experts work". How long they will work, I do not know. Aziza Abdirasulova to which I addressed too, has advised: "To struggle  up to the end.  Our system is such... struggle ". probably she can not help.  To ombudsman Tursunbai Bakir uulu I  addressed too. From his management they  written a letter, that they have requested the answer from Office of Public Prosecutor, the Office of Public Prosecutor has answered, here we send this document to you. Is it their help to forward  papers? So it did not help me.  Of course, I will struggle.  We have no place to recede.  Our names is known  in villages and if I  will stop, it will mean, that those who has stolen and  raped Eles are not guilty, and my parents will be compelled to change a residence.
Eles Seketaeva with her sister and  lawyer have written the complaint to supervising instance on criminal and administrative affairs of Supreme court KR with the request to cancel definition of Issyk-Kul regional court from October, 23rd, that is to direct case on additional investigation and nevertheless to change preventive punishment to Mairambek Aaliev to holding in custody.
Edition "МК" applies to the ombudsman to render effective, instead of "paper-forwarding"  help to the dissatisfied party. We will watch the further succession of events.
Elena Ageeva