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August 3, 2004
President Askar Akaev
Prospekt Chuy, 205
Dom pravitelstva
Bishkek 720003
Kyrgyzstan
By facsimile: +996
312 218 627
Dear President Akaev,
For more than a year,
Human Rights Watch has been concerned about the decline in state
protection of civic freedoms in Kyrgyzstan and has written to
you requesting action on particular cases that illustrate this
decline. Today, we write to express concern about several incidents
of harassment of civil society activists and opposition politicians,
which is worsening the climate for civil society and freedom of
association in Kyrgyzstan. We again urge you to ensure that civic
activists and the political opposition can operate in an environment
free from intimidation.
On July 3, 2004 unknown
men reportedly broke into the house of Ainura Aitbaeva, the daughter
of Ramazan Dyryldaev, chairman of the Kyrgyz Committee for Human
Rights, one of the most well-known and outspoken independent human
rights groups in Kyrgyzstan. In the presence of witnesses, the
men severely beat Aitbaeva, rendering her unconscious, and then
justify. After regaining consciousness Aitbaeva fled the house with
her children, fearing the attackers would return. She was subsequently
hospitalized for eleven days with serious head trauma.
Human Rights Watch
believes the attack may have been intended to intimidate Aitbaeva
in order to force a halt to her father’s human rights work. Her
assailants apparently were not motivated by theft, as they did
not steal any money or possessions. Dyryldaev told Human Rights
Watch that she was arbitrarily dismissed from her job earlier
this year, which he believes to be part of an effort to pressure
him.
The attack on Aitbaeva
is especially disturbing as it comes just two months after a similar
attack on Chingiz Sydykov, the twenty-one-year-old son of Zamira
Sydykova. Sydykova is editor-in-chief of one of Kyrgyzstan’s leading
independent newspapers, Respublica. In a May 3, 2004 letter to
you, Human Rights Watch expressed concern about the attack on
Sydykov, which caused a concussion and serious bodily injuries.
Human Rights Watch believes that assault may have been linked
to a series of four articles published in Respublica criticizing
the leadership of the Ministry of Internal Affairs of Kyrgyzstan.
Although Kyrgyz law enforcement agents opened an investigation
into the assault, no progress has reportedly been made in the
case.
I would also like to
take this opportunity to express concern about covert surveillance
of outspoken opposition members of parliament and civil society
activists. On January 14, 2004 the Parliamentary Security Services
of Kyrgyzstan uncovered hidden listening devices in the offices
of prominent, popular members of parliament affiliated with the
political opposition, including Ismail Isakov, Azimbek Beknazarov,
Ishenbai Kadyrbekov, Omurbek Tekebaev and Adahan Madymarov. We
understand that parliament tasked a special commission with investigating
the matter, and that the Kyrgyz Parliament’s Legislative Assembly
presented evidence of wrongdoing by the National Security Services
(NSS). This evidence included NSS reports about its surveillance
of opposition politicians and civil society activists, including
human rights defenders. According to the report, the procuracy
has filed charges against the NSS for violation of privacy (article
136 of the Criminal Code of Kyrgyzstan) and abuse of office (article
304). This is an important first step. We sincerely hope that
the procuracy will be allowed to pursue its case without undue
interference from any interested parties and that anyone found
to have violated the law will be prosecuted in accordance with
international standards.
Secret surveillance
of opposition politicians and civil society activists, along with
attacks on government critics’ relatives create a climate of fear
that stifles open dialogue in society and subverts the democratic
process. These actions violate Kyrgyzstan’s obligation under international
law to protect the rights to freedom of expression and of association.
We hope that you will use your good offices to ensure that the
perpetrators of the acts described in this letter are brought
to justice and these kinds of incidents are not repeated. We also
hope that you will publicly affirm your commitment to accountability
for these actions and to a strong civil society.
Thank you for your
attention to the concerns raised in this letter.
Sincerely,
Rachel Denber
Acting Executive Director
Europe and Central Asia division
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