Appeal in support of Kyrgyz lawyers

To the President of the Kyrgyz Republic

Mr. S. Jeenbekov

To the Prosecutor General of the Kyrgyz Republic

Mr. O. Dzhamshitov

Open appeal

                Lawyers S. Slesarev, N.Toktakunov and Z. Zhooshev defend the rights of former President of Kyrgyzstan A. Atambayev.

In connection with the provision of legal aid, lawyers are threatened by:

• investigating authorities call them for interrogation in violation of subparagraphs 3 and 4 of p. 4 of Article 58 of the Criminal Procedure Code of the Kyrgyz Republic (the lawyer is not subject to interrogation as a witness about the circumstances that became known to him in connection with the application for legal assistance or its provision);
• seizing documents in cases within which clients are protected, in violation of p. 5 of Article 29 of the Law «On the Advocacy of the Kyrgyz Republic and advocacy itself» (demanding, seizing documents, collecting and using information related to legal assistance in a particular criminal case is allowed only if an lawyer is involved as an accused);

In trending situation with the lawyers’ security in Kyrgyzstan, threats are made to N. Toktakhunov (whose driver was attacked), summons for interrogations to the Military prosecutor’s office for Z. Zhooshev, B. Avtandil uulu (represents the interests of the deputy A. Koduranova), as well as the arrest of I. Aitkulov in the summer of 2019 (represented the interests of K. Asanov).

The above violates the guarantees of the independence of the professional activity of lawyers and coercion to violate the lawyer-client privilege that is under protection of international law. According to an article 16 of the United Nations Basic Principles on the Role of Lawyers, Governments shall ensure that lawyers are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference; and they shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance with recognized professional duties, standards and ethics[1].

In accordance with an article 21 of the Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, States should periodically review existing legislation and practices in preventing serious abuses of power, and ensuring appropriate rights and remedies for victims of such acts[2].

Pursuant to paragraph 30 of Guidelines on the Protection of Human Rights Defenders of the ODIHR OSCE, lawyers engaged in human rights work should not face intimidation or reprisals (such as the threat of disbarment) for their defense of human rights or of other human rights defenders[3].

 As a result, serious unreasonable restrictions on clients’ rights to: their defense[4], presumption of innocence, fair trial, equality and adversarial process of the parties.

REQUIRING:

• Guarantee and ensure non-interference in the advocacy activities of lawyers in the Kyrgyz Republic.
• To exclude any political engagement of investigative authorities, prosecutors and courts.
• Pre-trial proceedings on the facts of threats against lawyers, interference with their activities, abuse of power and official powers of military prosecutors, court’s inaction to obstruct the activities of lawyers must be conducted.

All other signatures not specified in this appeal can be found on the page of the social network “Facebook” – “Anara XLM”.

We expect a response within the period established by the legislation of the Kyrgyz Republic at the address: Republic of Kazahstan, 010010, Nur-Sultan city, Mailina str. 10, Office 10, PO “Kadir-kasiet”, e-mail: dignityast@gmail.com.

January 15, 2020

Signatures:
LAWYERS –

1. Raziya Nurmasheva, Almaty
2. Zhanara Balgabayeva, Almaty
3. Leyla Ramazanova, Almaty
4. Amanzhol Mukhamedyarov, capital of Kazakhstan
5. Snezhanna Kim, Kostanay
6. Juliya Malukova, Taldykorgan
7. Aizhan Daribayeva, Semey
8. Anzhelika Rakhimberdina, Almaty
9. Gulyayim Sydykova, Ayagoz
10. Amangeldy Krykbayev, capital of Kazakhstan
11. Inara Massanova, Almaty
12. Yerlan Yerbolatuly, Almaty
13. Gulkhan Okapova, Almaty
14. Assel Tokayeva, capital of Kazakhstan
15. Ayman Umarova, Almaty
16. Gaukhar Salimbayeva, Almaty
17. Igor Vranchev, Atyrau
18. Gulnar Baygazina, Almaty
19. Elvira Bokhanova, Almaty
20. Nazar Abinov, capital of Kazakhstan
21. Svetlana Vitkovskaya, Almaty
22. Zhanargul Sundetkaliyeva, Atyrau
23. Aygul Taygozhina, Karaganda
24. Askardjon Tursunov, Khudjand, Tadjikistan
25. Tamila Rakhmatullayeva, Tashkent, Uzbekistan
26. Sergey Romanov, Krasnodar, Russian Federation
27. Svetlana Sidorkina, Moscow, Russian Federation

PUBLIC ASSOCIATIONS –

• Anara Ibrayeva, expert of Public Association “Dignity”, capital of Kazakhstan
• Ivan Sinenko, director of Public Association “True equality”, Uralsk
• Marianna Gurina, president of Public Association “Ulagatty zhanuya”, Almaty
• Anna Smirnova, lawyer of Public Association “Kazakhstan International Bureau for Human Rights and Rule of Law”, Almaty
• Alexey Zhanseitov, Union of children’s communities foster-child, Uralsk
• Talgat Ayan, civil activist, Atyrau
• Zhemis Turmagambetova, director of Public Foundation “Human Rights Chapter”, Almaty
• Togzhan Kizatova, Public Association “Demos”, Atyrau
• Zauresh Battalova, president of Public Foundation “Parliamentarism development foundation in Kazakhstan”, capital of Kazakhstan
• Bakhitzhan Toregozhina, director of Public Foundation “Ar.Rukh.Khak”, Almaty
• Adil Tolepbergenov, director of “Akmola akparat” (newspaper “Kokshetau-Asia”), Kokshetau
• Aliya Izbassarova, civil activist, capital of Kazakhstan
• Eugene Zhovtis, director of Public Association “Kazakhstan International Bureau for Human Rights and Rule of Law”, Almaty
• Irina Mednikova, the head of board of Youth information service in Kazakhstan, Almaty
• Nina Yerkayeva, the head of Public Association “Education and development”, Karaganda
• Svetlana Khozhnichenko, lawyer of Public Association “Kazakhstan International Bureau for Human Rights and Rule of Law”, Almaty
• Alexandr Danchev, director of Public Association “Equal rights”, Petropavlovsk
• Galym Ageleuov, president of Public Foundation “Liberty”, Almaty
• Rustam Zhantassov, director of the branch of Youth information service in Kazakhstan, Petropavlovsk
• Sergey Izmaylov, the head of Public Association “Public Committee on Human Rights of North-Kazakhstan oblast”, Petropavlovsk
• Roza Akylbekova, deputy director of Public Association “Kazakhstan International Bureau for Human Rights and Rule of Law”, Almaty
• Valentina Gritsenko, director of Public Association “Justice”, Djalalabad, Kyrgyzstan
• Dilrabo Samadova, executive director of Public Association “Office of civil freedoms”, Dushanbe, Tadjikistan
• Gulchekhra Rakhmanova, director of Public Foundation “Legal initiative”, Dushanbe, Tadjikistan
• Pepijn Gerrits, Executive Director, Netherlands Helsinki Committee
• Oleg Ageyev, lawyer, deputy of head “Belarus Association of Journalists”, Minsk, Belarus

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[1] The United Nations Basic Principles on the Role of Lawyers adopted by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders, Havana, Cuba, 27 August to 7 September 1990.

[2] Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power adopted by the General Assembly resolution 40/34 of 29 November 1985.

[3] The Guidelines on the Protection of Human Rights Defenders of the ODIHR OSCE. https://www.osce.org/odihr/guidelines-on-the-protection-of-human-rights-defenders?download=true

[4] There is growing negative trend when investigators intimidate suspects and accused with arrest or other harsh actions and force them to waive lawyers that actively protect their clients, coerced them to give such statements that needed to the investigation, require them not to write complaints or contact the mass media.