Tolekan Ismailova (Kyrgyzstan) I am Tolekan Ismailova is the Director of Human Rights Center “Citizen Against Corruption” since May 2000 (this organization was known as “Civil Society Against Corruption” Public Association, reorganized in March 2005 by the decision of Assembly of Non-Governmental Organizations – Partners of Human Rights Center “Citizen Against Corruption”). I am the one of the founders of “NGO’s Forum of Kyrgyzstan” (1996), which plaid the key role for the development of non-governmental sector in Kyrgyzstan through the first law “About non-commercial organizations” passed by the Parliament of the Kyrgyz Republic.
I was a founder and the first President of NGO’s Coalition “For Democracy and Civil Society”, which united country’s non-governmental sector during conduction of national campaigns on civil society education and monitoring of elections on all levels, achieved adoption of New Code of Election, where the norm about independent election observers status was passed in 1998. I was arrested as well as my family members were prosecuted by special services and law machinery of Kyrgyzstan for support of activities for election transparency, observance of law and human rights protection against injustice (1999 - 2000 parlamentarian and presidential elections).
In March 2004 I and my colleagues were arrested for the conduction of peaceful meetings to support political prisoner Felix Kulov. I and my colleagues and lawyers asserted the right for the conduction of peaceful meetings during 7 months. On October 14, 2004 anti-constitutional articles of the national legislature were annulled by the decision of the Constitutional Court of the Kyrgyz Republic and adopted in accordance with the norms of the Kyrgyz Republic’s Constitution and international obligations accepted on this issue.
About Organization and solidarity:The HRC “Citizen Against Corruption” has the broad network of local human rights organizations in all regions of republic including active citizens and volunteers, who support mission and major purposes of organization: over 98 NGOs and over 500 active citizens all over the country. The Staff of head-office located in Bishkek city – capital of Kyrgyzstan (regional offices on the South – in Osh city, and on the North – Cholpon-Ata city) closely cooperate with their partners in the human rights protection against injustice of power on different levels and approaches of inhuman treatment with them, assist to the creation and strengthening of Civil Anti-Corruption Network of Solidarity capable to change acting system of governance by justified system through the supremacy of law and human rights protection every day.
Protection of injustice, rights of victims:Currently me and our colleagues of Solidarity Network “People Changing the World” keep on the protection victims’ rights of Aksy Tragedy (6 persons were shot by the militia during their peaceful meeting for the support of Parliament’s Deputy A. Beknazarov’s rights in March 2003), where over 100 persons were subjected to torture. We continue to protect the victims rights of corruption activates of “Kumtor Centerra” Gold-Mining Company, which mines gold in Issyk-Kul region disturbing ecological, social and economic safety of Kyrgyzstan and its citizens namely citizen of 5 villages, who were poisoned by cyanide as a result of accident happened through this company’s fault.
Examination of situation in Kyrgyzstan’s prisons:Since October 2005 our lawyers and independent advocates started to monitor penal system of Kyrgyzstan, because revolts in prisons led to the murders of Akmatbaev – Deputy of Jogorku Kenesh (Parliament) of the Kyrgyz Republic as well as Polotov – Chief of the Central Department of Penalty Execution (CDPE), took place in prison # 31. The country faced the difficult situation that put in danger public security of Kyrgyzstanis. Human rights activists of our center conducted monitoring and the series of meetings with key persons to decrease the tension in this field assisting to resolve of mass revolt almost in all prisons of Kyrgyzstan. We could make diagnosis of the situation in prisons through the system of monitoring and series of meetings with personnel of prisons as well as prisoners, whom we visited for several times. Diagnoses made are the following: firstly – prisons were plundered and stayed for self-balance system after the collapse of the Soviet Union. Prison regulations and regime were widely spread in prisons, that made negative the condition of about 17 thousand prisoners as well as personnel of prisons (about 3 500 persons), who were directly dependent not only morally and financially on “vory v zakone” (fathers of internal imprisonment system) and criminal leaders. Secondly: currently CDPE budget has creditor debt valued in about 60 million soms. As a result arisen from this, prisoners are kept under inhuman conditions without appropriate nourishing and accommodation as well as medical treatment. The prison premises were built 40-60 years ago in the epoch of USSR. Human right activists of our center constantly inform community of the country and international organization about serious problems and possible threats for social security. 17 steps to change the situation in prisons were designed for the Government and Parliament of Kyrgyzstan: general steps are the following: how to prevent and to stop tortures, how to change the system of inquiry, because it stays to be “stalinsky” (highly string) enduring from the Soviet Union’s time, how to modify national criminal legislation to humanization and human rights protection and to start to use alternative types of penalty instead of punitive measures.
Situation with prisoners condemned to death: Some people sentenced for death penalty applied to our center after March 24, 2005, knowing that we work in prisons trying to change present situation to better side. They asked us to pay attention on and to assist for reconsideration of their criminal cases, because they are the victims of injustice juridical system of Kyrgyzstan and victims of tortures and inhuman treatment. Many of them as I.I. and O.A. gave examples of “struggle with terrorism” action proclaimed in Central Asian States since 1991, still is violating rights of minorities and poor citizen, as well as Muslim-believers making them terrorists through closed system of inquiry and cruel tortures, as a result their criminal cases were made only on their personal testimonies. Examining the criminal case of Uzbek citizen Otabek Akhadov – nationality Uzbek showed that he was sentenced for the death penalty in Kyrgyzstan through tortures, which were proved by physicians and medical certificates without a lawyer and fair trial. Otabek’s criminal case is registered in UN Committee on Human Rights. The CAC staff could accept the permission for meeting with citizens, sentenced for the death penalty in Kyrgyzstan. We meet with them every week on Wednesdays making conversations providing the protection of their rights through lawyers. Presently lawyers of center work with 9 criminal cases. We have the list of sentenced for the death penalty in the number of 165 persons; unofficially sentenced for death penalty persons – over 180 persons. We started the work with members of families and relatives of sentenced for death penalty persons providing them with juridical consultations rendering moral and technical assistance. After January 2007 we plan to conduct physiological support for this category of citizens. We work closely with “Mothers Against Death Penalty” – partner NGO from Uzbekistan (Leader is Tamara Chikunova). We work closely with the Parliament of the Kyrgyz Republic to adopt national criminal legislation with the requirements of new edition of Kyrgyz Republic’s Constitution as a result of adoption of new edition of Kyrgyz Republic’s Constitution made on November 9, 2006. Jointly with city administration of Bishkek city we conducted “Bishkek For Life – Bishkek Against Death Penalty” action showing the “Erkindik” (Liberty) monument in the center of Kyrgyzstan’s capital. Jointly with the Minister of Justice of the Kyrgyz Republic we conducted press-conference, where the Minister supported our initiative and openly declared about his support on reconsideration of all criminal cases in connection with the adoption of the new edition of Kyrgyz Republic Constitution. We accepted the appeal of death penalty annulment and new 6 steps on the humanization of the criminal legislation of the Kyrgyz Republic and ratification of the Second Optional Protocol of the International Pact about Civil and Political Rights. “BAGYT” TV program was jointly prepared with the National Television, which was broadcasted on the National Television on December 10, 2006 at the International Day of Human Rights Protection about Victims, showed sentenced for the death penalty persons and problems of juridical system in Kyrgyzstan and Uzbekistan.
REFUGEES Starting from 17 May 2005 staff of CAC started to deal with issues of asylum seekers who came to Kyrgyzstan after bloody Andijon events on 13 May. CAC was the first to provide public with objective information about refugees, conditions in which they were living in the first camp, brought attention of the authorities to high risk of spread of infectious diseases if the sanitation conditions do not improve. We brought attention of the public to such focus groups as women, children and businessmen Akramists. After second visit to the refugee camp, local staff of Development and Cooperation in Central Asia (DCCA), taking into account recommendations of CAC started to work with local activists from villages around the refugee camp on conflict resolution and explained the status of refugees. CAC met with members of civic committees and distributed 600 copies of ICG and Human Rights Report reports on Andijan events which were printed by UNHCR at our request. During the second visit of the CAC Director Tolekan Ismailova and journalists from National channel KTR to the refugee camp, a documentary film called “People that were shot at” was produced and broadcasted on National channel which has the widest coverage. This film was also shown in Sakharov Center (Moscow) and on Ukrainian “Channel 5.” From 12 September to 15 September Tolekan Ismailova made a third visit to Osh oblast in order to monitor the situation. Group of Kyrgyz citizens were accused of committing crimes and destabilization of situation in Uzbekistan during Andijan events were wanted by Uzbek National Security Service. The CAC wanted to investigate the facts and informed about the situation UNCHR, other international organizations and media. CAC together with Pluralism network sent an appeal in protection of rights of refugees from Uzbekistan. This appeal was signed by 1030 leaders from 35 countries of the world and sent President Bush and US Congress and to the UN and OSCE.
PROTECTION OF HUMAN RIGHTS ACTIVISTS’ RIGHTS Big and productive work on the protection of human rights defenders’ rights was conducted by the center. We rendered juridical assistance in acceptance of refugee status for 7 human rights activities from Uzbekistan, who were prosecuted by authoritative structures and assisted them in payment for their medical treatment. Rakhmatulo Alibaev was beaten very hard by members of Uzbek National Safety Service after this we paid for his medical treatment and assisted in acceptance of migration card. Medicines for Narsulo Saitov and Khaldarboyu Abdusalamov were paid by our center, moreover the meeting with representative bodies of “Adilet” law clinic dealing with rendering of support for granting of “refugee” status was organized too. Human rights defender Akhmadjan Madmarov – from Uzbekistan was assisted by the center in the receipt of visa and participation on the conference organized by “Front line” organization. He was the first human rights defender from the Central Asia, who won the international prize of this organization for human rights activities. We assisted his son to go to Switzerland through Kyrgyzstan buying the ticket for him. Six of Kyrgyz human rights activists: Aziza Abdirasulova, Toktaim Umetalieva, Erkingul and Baktygul Imankojoevy, Sartbay Jaychibekov and Edil Baysalov those, who were sentenced by the National Safety Service, got the help for security provision. We closely cooperate with «Front line» on this issue. Public leaders of “For Reforms” Opposition Movement are prosecuting by special services after November term less meeting. In connection thereto, Center of Human Rights Protection appealed to the Attorney-General to stop illegal prosecutions of movements’ leaders.
