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Statement of Scott Horton concerning the continued detention of Felix Kulov The International League for Human Rights, an international, non-governmental human rights organization with special consultative status at the United Nations, is deeply concerned by the continued detention of Felix Kulov, former vice president, governor of Chuy Oblast’, minister of the interior, minister of national security and mayor of Bishkek, and head of the Ar-Namys party and perhaps Kyrgyzstan’s most prominent opposition leader, on charges of abuse of authority while serving as minister of national security. On August 15th of last year, the Kyrgyzstan Supreme Court refused to overturn a 10-year prison sentence. The League monitored these trials closely, conducted detailed interviews with the prosecutors and defense counsel and independently spoke with many of the witnesses called to testify in the case. Based on this thorough review, we formed the opinion that the charges against Kulov are not credible and are politically motivated. The prosecution and trials were riddled with serious procedural irregularities—including exposure to double jeopardy in violation of international law—and Kulov’s acquittal in the first trial was overturned through improper judicial conduct. The judge who conducted the initial trial was subject to repression and persecution by Kyrgyz authorities, as has been reported to a United Nations special rapporteur. On May 8, 2002, the Pervomai District Court of Bishkek sentenced Felix Kulov and his co-defendant Alexander Gasanov to ten and six years in prison respectively, with confiscation of property. Both Kulov and Gasanov were convicted of embezzlement in 1993-97, when Kulov was governor of the Chuy Oblast’ and Gasanov was manager of a construction company in the province. On January 22, 2001, a military court, which was closed to the public, illegally sentenced Mr. Kulov to seven years of imprisonment, convicting him of abuse of power when he was the minister of national security in 1997-1998. The sentence was unlawful because Kulov had been acquitted of the same charges in August 2000. The same day Kulov was taken into custody for the second time, where he is to the present day. Based on the League’s own interview with prosecutors handling the case, the League has ascertained that the motivation for prosecution was blatantly political and retaliatory, especially in light of his decision to run as head of the Ar- Namys Party in the presidential elections in the summer of 2000. Prosecutors openly acknowledged to us that they were aware of the operative facts forming the basis for their charges against Kulov for years in advance of the commencement of prosecution. That political events formed the trigger for prosecution of the case is self-evident. The arrest occurred after Kulov won the first round in parliamentary elections and was denied the seat in the Kyrgyz Parliament that the voters granted him through unlawful manipulations by Kyrgyz electoral authorities. After spending the pre-election period in prison, Kulov was thus effectively shut out of the presidential race. Kyrgyzstan has been a signatory of the International Covenant on Civil and Political Rights since 1995. The case of Felix Kulov shows a pattern of consistent disregard for the fundamental procedural protections guaranteed by the Covenant, including protection against double jeopardy, right to be confronted with evidence against the accused, right to counsel and right to be charged and tried in a proceeding accessible to the public. The League accordingly joins other international human rights organizations in classifying Felix Kulov as a political prisoner and calls upon Kyrgyz authorities to arrange his immediate and unconditional release. Scott Horton |
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