We are writing to share recommendations for the establishment of a rights-respecting government in Kyrgyzstan. In recent years Human Rights Watch has been concerned about the decline in the protection of human rights in Kyrgyzstan, particularly those that are fundamental for the development of civil society and that constitute the framework for free and fair elections. We sought a dialogue with the government under President Askar Akaev and regularly notified that government of our growing concerns. A recent example of this was our letter, sent several weeks before the February 27 parliamentary election, calling attention to government measures that we believed had undermined the integrity of the election: the unfair exclusion of opposition candidates from running for office, new restrictions on freedom of assembly, harassment of opposition supporters and civil society activists, and a public campaign apparently aimed at equating the opposition with subversion.
Thousands of people in Kyrgyzstan recently put themselves at great risk to assert their rights to political participation and to demand accountable government. We urge you to make a commitment to human rights the hallmark of your administration by ensuring government respect for those rights essential for the forthcoming elections, by establishing a process for broad government consultation with civil society on critical issues, and by setting an agenda for institutional reform.
The following recommendations are based on several years of research regarding issues fundamental to the development of civil society, and on our recent ten-day mission to Kyrgyzstan to assess the state of human rights in the aftermath of the March 24 events.
Elections
As you are well aware, many in Kyrgyzstan have lost faith in the electoral process and regarded the recent parliamentary elections as deeply flawed. The campaign period was marred by the government’s politically motivated refusal to register several opposition candidates. Voices critical of the government were silenced or marginalized in the media. Law enforcement and other government officials intimidated opposition political activists and civil society actors through petty harassment. In addition, widespread vote-buying and the refusal by electoral commissions to provide voter lists to election monitors undermined the credibility of the vote.
We look to you to guarantee the people of Kyrgyzstan the right to choose their leaders. We welcome the decision to hold presidential elections on July 10. It is essential that the conditions for free and fair presidential elections be created as quickly as possible in advance of that date. We urge you also to publicly support the right to select parliamentary representatives in elections that reflect the will of the people by scheduling new parliamentary elections following the presidential vote. In the interim, it is our hope that the courts will independently resolve controversies regarding the particularly flawed vote in certain districts.
Human Rights Watch urges you to take the following steps to guarantee that future elections are free and fair:
- Issue a public statement instructing the Central Electoral Commission (CEC) not to interfere in the elections process on behalf of any particular party or candidate, but to fulfill its responsibility to guarantee a fair vote and vote count and to allow monitors to exercise their duties unimpeded. Such a statement should charge the CEC with issuing instructions to this effect to all electoral commission representatives. The CEC should also provide election monitors with lists of eligible voters for each district.
- Ensure that the composition of electoral commissions represent a reasonable balance of representation by the government, NGOs, and political parties. Civil society groups should be allowed access to information regarding the composition of such commissions.
- Register local independent election monitors and issue invitations to the OSCE and other foreign election observation missions.
- Make public new, complete, and up-to-date voter lists, ensuring in particular that election monitoring groups are given full access to such lists. Voter lists should be prepared enough in advance to allow for scrutiny by election monitors.
- Support legislation reversing the unreasonable restriction that in the previous election prevented diplomats who worked abroad from running for office.
- Denounce publicly and unequivocally the practice of vote-buying.
In order to guarantee free and fair elections, it is essential that the government allow the mass media and judiciary to function without interference. Assurances of people’s personal security and the right to free and peaceful assembly are also vital to the exercise of a fair vote.
Guarantee Personal Security
Areas of the country remain unstable, and violence has been reported in conflicts between supporters for different parliamentary candidates from highly contested districts. In some districts, Human Rights Watch has received complaints that persons allegedly associated with criminal groups have illegitimately claimed administrative posts. This has put additional constraints on the activities of legal authorities and civil society. It is imperative that your government ensure the personal security of any and all political candidates and their supporters. This will be especially important during the politically sensitive period leading up to elections, and will be essential for the provision of a free and fair vote. In particular, we urge you to take action in accordance with the law and in keeping with international standards to make certain that no one uses violence or other means to intimidate voters or candidates and their supporters.
Freedom of Assembly
The significance of people’s right to peacefully assemble in public cannot be underestimated. Such a fundamental right must not be granted on an arbitrary or case-by-case basis, as was the regular practice under the Akaev government. It is essential that a clear legal framework for the exercise of this right be spelled out by the government. Last year the Constitutional Court found that government regulations on public assembly violated the constitutional right to freedom of assembly; the court nullified certain provisions that had effectively created a licensing regime for public assemblies. But the legislation that the government subsequently proposed, and similar legislation that passed in the city of Bishkek, put the right to free assembly at risk by placing undue requirements on public gatherings—including requiring permission from local authorities and prohibiting demonstrations and rallies near government buildings.
We hope that your administration will make a fresh start and will initiate new legislation on freedom of assembly that does not amount to a licensing regime and is in accordance with Kyrgyzstan’s constitution and international standards. We hope you will start this process by first consulting with civil society groups that have studied this issue in-depth and soliciting their advice and views in crafting specific provisions of a new law.
In the interim, we recommend that you issue a presidential decree affirming the right to freedom of assembly as provided in Kyrgyzstan’s constitution and article 21 of the International Covenant on Civil and Political Rights. The decree should include guidelines clarifying the notification requirement for public assembly, including the agency that should receive notifications and the form these notifications should take.
Freedom of the Media
During the Akaev period, state dominance of the media and government harassment of critical print media eroded the rights to freedom of expression and information. You now have the opportunity to exercise leadership in the area of guaranteeing free expression and free media in Kyrgyzstan. We welcome the government’s announcement that it will respect and uphold freedom of the media. We are concerned, however, about credible reports that the office of the president continues to exercise undue influence over the national television station, KTR, and call on you to instruct your staff to abstain from any action that would compromise that media outlet’s objectivity. We look to you to ensure that citizens have access to a diversity of opinion via all media and that critics do not risk retaliation for their views.
Further steps must be taken to ensure the open exchange of information and opinion in the long term. We call on your government to introduce legislation to rescind criminal penalties for defamation, as they have a chilling effect on media freedom, are frequently misused by government officials to retaliate against critics for legitimate speech, and have no place in states committed to freedom of expression and democratic openness.
Kyrgyz officials have also used civil defamation suits to retaliate against their critics. In these politically motivated lawsuits, government officials have claimed excessively large penalties from media outlets, which appeared designed to force the bankruptcy and closure of independent media outlets and have compromised the right to freedom of expression. We therefore urge you to consult with media rights groups regarding remedial action to be taken to prevent such damaging lawsuits including possibly, establishment of a reasonable statutory cap on civil awards for non-pecuniary damages or a requirement that the complainant deposit a percentage of the proposed claim when filing a suit.
Support Civil for Society
The Akaev government lost the faith of the people through systematic violation of their rights. It failed to consider seriously the input of civil society groups and the general population on matters of government policy. Your government can avoid alienating the public by initiating a genuine exchange of ideas directly with citizens and with civil society groups that advocate on their behalf. We call on you as a matter of urgency to engage in meaningful dialogue and productive partnership with civil society actors, including human rights groups. We specifically look to you to consult with such groups regarding politically sensitive and important issues regarding the timing of presidential and parliamentary elections and the possible establishment of a constitutional referendum in advance of the parliamentary vote.
Civil society activists were the targets of harassment and persecution under the former government and repeatedly maligned in the state-sponsored press. In 2004 there were disturbing revelations regarding illegal and invasive government surveillance of opposition deputies and leading members of NGOs and other civil society actors. We call on you to reverse this trend by publicly acknowledging the work of civil society groups that promote the rule of law and the human rights of the people of Kyrgyzstan.
Equal Treatment for Ethnic Minorities
Human Rights Watch has received reports that some members of ethnic minority groups, including Uighurs, Russians, and Uzbeks, fear that they may face discrimination under the new administration. We call on you to meet with representatives of ethnic minority groups at the earliest possible date to establish dialogue and to assure these groups that they will be afforded equal treatment.
Systemic Reform
Prominent local and international NGOs specializing in human rights and rule of law have cited the lack of independence of the judiciary as the primary structural impediment to the realization of human rights. We strongly recommend that your administration issue a public statement declaring your position regarding the need for long-term and institutional and systemic reform. We call on you to dedicate yourself in particular to the promotion of independence of the judiciary. It is crucial that the courts function as an effective check on the powers of the executive and legislature to establish a genuine separation of powers and a system of checks and balances. We specifically call on you to ensure that the Judicial Department of the Presidential Administration does not interfere with the courts.
Another long-term priority of the government should be the genuine reform of law enforcement agencies. As you may be aware, there has been credible documentation of illegal detentions, torture, and extortion by police. Conditions in pre-trial detention facilities are appalling. Consultation with civil society groups should be undertaken to create a program of reform that aims to protect individuals in custody from torture or ill treatment. As a first step, we strongly recommend that you introduce legislation to establish judicial review of detentions, i.e. habeas corpus.
Accounting for Past Abuses
Accountability for the killing and wounding of demonstrators by government forces in Aksy in 2002 remains an urgent public priority. In the interest of justice and restoration of people’s faith in government, we urge you to establish a credible and thorough accountability process for this incident.
We welcome the acquittal of Feliks Kulov, who was imprisoned for more than four years on politically motivated charges of embezzlement and abuse of office. We encourage you to consider establishing a commission to provide for the rehabilitation of other victims of politically motivated repression under the Akaev government.
Violations of people’s fundamental rights increased during the last years of the Akaev government and had a corrosive effect on society. The previous government’s lack of transparency and failure to respect the rule of law drove a wedge between government and the general population, feeding sentiments of disillusionment, alienation, disenfranchisement, and distrust. In the days and weeks surrounding the events of March 24, people in Kyrgyzstan made clear that they expect more of their government. You now have the opportunity to act on their expectations, to establish a responsive government that restores popular confidence.
We welcome dialogue with your government and appreciate your attention to these vital issues.
Sincerely,
Rachel Denber
Acting Executive Director
Europe and Central Asia division
