Askarov v. Kyrgyzstan

Court:
UN Human Rights Committee
Country:
Kyrgyzstan
Status:
Active

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Human Rights Defender Tortured by Police and Denied a Fair Trial

In June 2010, Azimjan Askarov, a well-known human rights defender in Kyrgyzstan, was taken to the police station after a police officer was killed during an outburst of ethnic violence in the Bazar-Korgon region of southern Kyrgyzstan. There, Mr. Askarov, an ethnic Uzbek, was repeatedly beaten, abused, and denied medical treatment on account of his human rights work. His lawyer, who was only able to see him after a week of torture, was attacked when he tried to visit. These attacks continued during the trial, when police beat Mr. Askarov and his co-defendants, and crowds shouted ethnic-abuse at their lawyers and threatened potential defence witnesses with violence. After this flagrantly unfair trial, Mr. Askarov was sentenced to life in prison, a sentence which was upheld during an appeal that was marred by similar violations, and by the Supreme Court. He remains in prison today, where he is denied medical treatment for the effects of his torture and other serious medical conditions.

Facts

On June 12, 2010, ethnic clashes in southern Kyrgyzstan prompted residents of Bazar-Korgon village, many of them ethnic Uzbeks, to gather at a bridge to protect their village in the event of an attack. On the morning of June 13, police officers arrived to allegedly disperse the crowd, violence ensued, and one police officer was killed. Later that day, the ethnic violence shaking the region indeed spread to Bazar-Korgon region, leaving 20 people dead and over 200 houses destroyed.

Mr. Askarov was not at the bridge when the police officer was killed. A few days later, on June 15, 2010, Mr. Askarov was documenting the damage and deaths caused by the violence when police officers took him to the Bazar-Korgon police station, where the deceased officer had worked. At the station, officers first attempted to convince Mr. Askarov to testify that other prominent members of the Uzbek community had allegedly distributed weapons, and when he said he knew nothing about this they started beating him. Mr. Askarov was then accused of involvement in the death of the police officer, and for the next four days he was repeatedly beaten and humiliated by police who specifically mentioned his work as a human rights defender. When a judge authorised his detention, three days after his arrest, both the judge and prosecutor declared that his guilt was proven.

Mr. Askarov was denied access to a lawyer until a week after he was detained, when a colleague came to visit him and realized he was being tortured. The police and prosecutor refused to allow Mr. Askarov the opportunity to meet with his lawyer in private, and his lawyer was attacked by relatives of the dead officer when he came to visit Mr. Askarov, who continued to be held in the deceased officer’s police station. These attacks continued during the trial, at which Mr. Askarov and his co-defendants were beaten by police during breaks in the hearings, and a crowd of supporters of the deceased police officer hurled ethnic abuse at the defendants, their lawyers, and potential defence witnesses. This climate of intimidation, which the judge did nothing to control, prevented the defence lawyers from mounting an effective defence, or from questioning or calling witnesses to testify on Mr. Askarov’s behalf. After this flagrantly unfair trial, Mr. Askarov was declared guilty on all charges and sentenced to life in prison on September 15, 2010.

Although Mr. Askarov’s lawyer appealed the verdict, similar violations marred his appeal hearing. Threats and attacks by supporters of the deceased officer again prevented defence witnesses from appearing, and the court upheld his conviction and sentence.  He appealed again to the Supreme Court, and although his lawyer was permitted to submit written witness statements, the court ignored them. The Supreme Court upheld Mr. Askarov’s sentence of life imprisonment in December of 2011, and Mr. Askarov remains in prison where he is denied medical treatment for the effects of the repeated torture and other potentially life-threatening medical conditions.

Open Society Justice Initiative Involvement

The Open Society Justice Initiative is acting as co-counsel with lawyer Nurbek Toktakunov in the complaint to the UN Human Rights Committee.

Arguments

Torture and Ill-treatment. While in custody, Mr. Askarov was repeatedly beaten and abused by police officers for the purpose of obtaining a false confession, due to discrimination on the grounds of Mr. Askarov’s ethnic origin, and as punishment for reporting police abuse. This ill-treatment amounts to torture in violation of Article 7 of the ICCPR, and was exacerbated by the conditions in which Mr. Askarov was detained and the failure to provide medical treatment, in further violation of Article 7.

Failure to Investigate or Provide Redress for Torture. The government has failed to conduct an impartial, effective and thorough investigation into the repeated torture of Mr. Askarov, and has failed to provide him with remedies for that torture, including compensation and medical treatment or rehabilitation, in further violation of Article 7 in conjunction with Article 2(3).

Unlawful and Arbitrary Detention. Mr. Askarov’s detention was not in accordance with domestic law, as it was not promptly registered, his family was not informed, and he was not transferred to a proper pre-trial detention facility. It also had no legitimate purpose, and was motivated by his role as a human rights defender and his ethnicity. It was therefore unlawful and arbitrary in violation of Article 9 of the ICCPR, as well as the prohibition against discrimination in Articles 2 and 26. The conditions in which he was detained, in particular in Bazar-Korgon police station, were also inhumane in violation of Article 10.

Violation of Pretrial and Fair Trial Rights. Mr. Askarov was denied adequate time and facilities to prepare his defence, particularly the ability to communicate with his counsel, and public officials violated the presumption of innocence by making statements that he was guilty, in violation of Article 14(2) and (3)(b) and (d). The lack of independence and impartiality in Mr. Askarov’s trial and subsequent appeal process and the atmosphere of intimidation both at trial and on appeal also violated his rights to a fair hearing, in further violation of Article 14.

Violation of Rights as a Human Rights Defender. The authorities detained and tortured Mr. Askarov, and denied him a fair trial, in large part because of his work as a human rights defender in the Kyrgyz Republic, in violation of Articles 9 and 19 of the ICCPR.

Timeline

June 13, 2010. Police officer killed in Bazar-Korgon during ethnic violence in southern Kyrgyzstan.

June 15, 2010. Officers from the Bazar-Korgon police station take Mr. Askarov to station, where they detain him without notifying his family and torture him.   

June 17, 2010. Prosecutor files criminal charges against Mr. Askarov for incitement of violence, racial hatred, riot, and humiliation of national dignity and honor.

September 15, 2010.  District Court finds Mr. Askarov guilty of all crimes charged and sentences him to life imprisonment.

November 10, 2010. The Appeal Court upholds the decision and sentence of the District Court.

March 2011. People in Need awards Mr. Askarov the Homo Homini Award, based on his perseverance “despite threats, detention and imprisonment along with physical abuse”

December 20, 2011.  The Supreme Court upholds the Appeal Court’s decision and sentence against Mr. Askarov. 

September 13, 2012. Committee to Protect Journalists awards Mr. Askarov a 2012 Press Freedom Award, as one of four journalists who had “risked their lives and liberty to reveal abuses of power and human rights violations”.

November 12, 2012. Communication submitted to UN Human Rights Committee.