Overview:
The State Department reports the following human rights problems in Kyrgyzstan: some restrictions on citizens’ right to change their government (alluding to voting irregularities in past elections); torture and abuse by law enforcement officials; impunity; poor prison conditions; arbitrary arrest and detention; lack of judicial independence; pressure on nongovernmental organizations (NGOs) and opposition leaders, including government harassment; an increase in pressure on independent media, including assaults on staff and vandalism of property; government harassment and detention of assembly organizers; pervasive corruption; discrimination against women, persons with disabilities, ethnic minorities and homosexuals; child abuse; trafficking in persons; and child labor. The 2009 report states, “The government restricted or hampered to some degree the activities of domestic and international organizations that reported on human rights in the country.”
Freedom of the Press:
Authorities detained opposition leaders Omurbek Suvanaliyev and Omurbek Abdrakhmanov of the United Front, and Adilet Aitikeyev of the Kanjar Youth Movement, on charges of organizing mass disorder in connection with April antigovernment demonstrations in Bishkek. On April 27, they were released under orders not to leave Bishkek for the duration of the investigation. On August 1, prosecutors filed similar charges against opposition leader and former Prime Minister Felix Kulov.
The government at times used law enforcement agencies to intimidate organizations. NGOs, labor unions, political parties, and cultural associations must register with the MOJ. Protesters could criticize the government, but it attempted to impede criticism through practices such as political meeting monitoring.
According to the US State Department, there is continuing harassment of the media. Human rights organizations have noted several cases in which unknown assailants harass opposition news media journalists.
There were increased reports of harassment characterized as reprisal for criticizing the government. The Committee to Protect Journalists (CPJ) reported several incidents of opposition news media facing harassment by security agents and receiving death threats by unidentified callers demanding cessation of reporting in support of the opposition. The CPJ and the International Helsinki Federation for Human Rights (IHF), together with local media, reported cases of violent attacks by unknown assailants on numerous journalists and cameramen from pro-government and opposition news agencies.
On March 16, unknown assailants severely beat Kairat Birimkumov of the State Television and Radio Company. Although no perpetrators were caught, the journalist speculated that the attack stemmed from an earlier report revealing alleged corruption, negligence, and illegal business activities at the Kyrgyz Temir Zholu railroad company.
According to the Associated Press, several media outlets that cover Kyrgyzstan suffered a coordinated media blackout for a two-week period in March 2010.
According to the US State Department, on March 13, 2009, the former presidential chief of staff, Medet Sadyrkulov; the former director of the International Strategic Studies Think Tank, Sergey Slepchenko; and driver Kubat Sulaimanov were found dead in a burned out car outside the capital. Opposition members believed the accident to have been staged by the government to deal a blow to the opposition.
On July 4, 2009, a freelance journalist, Almaz Tashiev, a government critic, was beaten severely in what is thought to have been a politically motivated incident. He later died from his injuries.
There have been many other “accidents” concerning members of the press that are believed to have been politically motivated. Opposition protesters suffer some of the same treatment.
Other cases of government abuse of power are in cases of unlawful interference with privacy, family, home and correspondence.
Freedom of assembly is respected under a set of restrictions, namely they should be kept away from government entities.
According to international observers, the presidential election of 2009 was marred by fraud. The process was filled with ballot box stuffing, multiple voting, and misuse of government resources. Former president Kurmanbek Bakiyev was re-elected with 76% of the vote.
According to Amnesty International, new legislation in 2009 banned all unregistered religious activity and hampers the ability of small religious minorities to officially register.
Religion:
There were some restrictions, particularly regarding the activities of Islamic groups that it considered to be extremist and a threat to the country. The constitution provided for the separation of state and religion. Islam is the most widely practiced faith. The government did not officially support any religion, though a May 2006 decree recognized Islam and Russian Orthodoxy as “traditional religions.”
There have been a few instances in which religious groups have openly protested the government and have been incarcerated under false pretenses, accused of belonging to the banned islamist group, Hizb-ut-Tahrir.
In July 2006 a group of citizens attacked Zulumbek Sarygulov, a Protestant pastor in Osh, vandalized his home, and burned his religious books. In a second incident in November 2006, perpetrators threw Molotov cocktails at Sarygulov’s church facilities, but church staff quickly extinguished the flames and the fire caused little damage
Corruption:
Corruption remained a serious problem at all levels of society. The law provides criminal penalties for official corruption, but the government did not implement the law effectively, and officials engaged in corrupt practices with impunity. During the year the government took limited steps to address the problem, including reports of arrests of government officials on corruption charges. The World Bank’s worldwide governance indicators reflect that corruption was a severe problem.
From January to July of 2009, there were 605 corruption-related charges against government officials that included: malfeasance, illegal examinations by state agencies, mismanagement of government funds and unauthorized procurement, embezzlement, illegal commercial activity, and bribery.
Bribery to avoid investigation is a problem across all levels of law enforcement. Police impunity is the driver for such practices.
At a meeting on combating corruption, chairman of the National Anticorruption Council and parliamentarian Rashid Tagayev stated that corruption eroded all sectors of society from schools to government offices. The National Anticorruption Agency released the results of a survey stating that law enforcement agencies were considered to be the most corrupt government bodies, with the Prosecutor General’s Office at the top of the list, followed by the Ministry of Interior, the Ministry of Defense, and the Ministry of Justice. According to polls conducted by the International Arbitration Court, 70% of businessmen did not trust the judicial system due to rampant corruption.
The law prescribes a fair public trial to all persons, but the executive branch often interfered with the judiciary. People’s confidence levels on the judicial process is low as there is a popular belief that judges can be bribed and susceptible to external pressures.
Women:
Violence against women remained a problem. Some estimates indicated domestic violence constituted between 40-60% of all crimes committed against women. Many crimes against women were not reported due to psychological pressure, cultural traditions, and the apathy of law enforcement officials.
The NGO Sezim estimated that 90% of cases brought against alleged rapists would never be brought to court. All experts concurred that most of the cases would be mired in corruption or thwarted by bribery of officials.
In March and October 2006, Zulhumor Tohtonazarova claimed police officers tortured and raped her at the temporary detention center of the Bazar-Korgon district police station in 2003. She claimed she became pregnant as a result, and male officers watched as she gave birth while handcuffed to a bed. The premature baby died days after birth. After eight months in custody, authorities released Tohtonazarova as a result of demands by human rights activists. The Prosecutor General’s Office investigated the accusations, but found no truth to her claims. On April 12, prosecutors dropped criminal charges they had filed against human rights activist Azimjan Askarov, who defended Tohtonazarova, for his alleged involvement in spreading false information about law enforcement officials.
In 2005 police detained Tohtonazarova again and, according to reports by human rights activists, tortured her by putting needles under her fingernails. She was released after appeals by human rights activists. In July 2006 the Bazar-Korgon district court sentenced Tohtonazarova to five years’ imprisonment for a petty theft she allegedly committed in 2005. In August 2006 the Jalal-Abad Oblast Court reduced the sentence to a three-year suspended sentence and released her.
A 2008 law was established to enforce equality between sexes, but women continue to be discriminated against when applying to educational institutions and jobs. Men earned much more than women.
Women are legally allowed to take political roles, but traditional attitudes towards women often hinder their ability or wish to participate.
Children:
There were numerous reports of child abandonment due to parents’ lack of resources, leading to larger numbers of children in institutions, foster care, or on the streets. State orphanages and foster homes also faced a lack of resources and often were unable to provide proper care. Some children too old to remain in orphanages were transferred to mental health care facilities, even when they did not exhibit mental health problems. Many street children left home because of abusive (8%) or alcoholic (10%) parents or desperate economic conditions (75%). Government and NGO estimates of the number of street children nationwide ranged from approximately 2,000 to 15,000, depending on the time of the year.
The report also shows that, “Child abuse--including beatings, child labor, and commercial sexual exploitation of boys and girls--continued to be a problem. In addition, gang-related child-on-child violence in schools was a growing trend.”
Police and Prisons:
At times police beat detainees and prisoners to extract confessions for multiple crimes in order to close unsolved cases. Police also used false charges to arrest persons and solicited bribes in exchange for their release.
In March and August 2006, the human rights ombudsman expressed concern over a number of incidents involving abuse of detainees, blaming the abuse on corruption and a low level of professionalism among jail and police officials. In June 2006, the Ministry of Justice (MOJ) established the Internal Security Service (ISS) to investigate and curb corruption and abuse within penitentiaries.
Prison conditions were poor and included overcrowding, food and medicine shortages, poor health care, limited disease prevention facilities, and lack of heat and other necessities.
Human Trafficking:
Human trafficking is a growing concern, and many believe the government facilitates such occurrences by its lack of proper law enforcement and judicial processes. It is a transit country more so than a destination. The government did not directly assist victims, but aided organizations that did.
According to Amnesty International, refugees and asylum-seekers from Uzbekistan run the risk of being forcibly deported or abducted by Uzbekistani security forces which are often thought to have had help from the Kyrgyz security forces.
Recommendations:
During the April 7, 2010, protests that ousted former President Kurmanbek Bakiyev, Amnesty International issued a letter asking the Kyrgyz security forces to avoid using excessive force for even in a state of emergency, human rights must be protected.
Human Rights Watch has asked the government to call for international support to investigate the violence during the protests and violence from April 6 through 8, 2010. According to their research, both security forces and protestors contributed to the conflict. Casualties and injuries numbered at 85 and hundreds, respectively. This marks the greatest incident of political violence since the country’s independence. The conflict escalated as government forces attempted to impede political gatherings across the country. On April 8, opposition supporters took control of the main government building and ousted former President Bakiyev.
The interim government has welcomed the idea of an international investigation on the matter, but has failed to formally request any aid.
Amnesty International made the following recommendations concerning human rights to the Kyrgyz republic.
Kyrgyzstan should:
1. Ratify all outstanding human right treaties and cooperate with the UN on human rights standards
- Ratify the Rome Statute
2. Ensure that everyone can peacefully exercise his or her freedom of expression and assembly.
3. Condemn the use of torture and ensure impartial, prompt, and comprehensive investigations
on cases of ill treatment.
4. Establish an independent human rights agency that can act as a watchdog on all government entities and officials.
- Have this agency review past cases involving public officials concerning human rights abuses.
- Ensure that no statements coerced through torture can be used during trials except as evidence against a person accused of torture.
- Ensure that all people who are detained are promptly informed of the charges against them and allowed access to a lawyer of their choice.
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