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Country Advice Country Advice Kyrgyzstan Kyrgyzstan – KGZ39316 – Ak Jol – Kurmanbek Bakiev – Discrimination – Charges – Trial – Elections – Ata Jurt – Russian Language – Islamic Revival 28 September 2011 1. Are there reliable reports that active members of Ak Jol and vocal supporters of Kurmanbek Bakiev are being targeted for harm by authorities and supporters of the new government? No evidence has been located that states or suggests that rank and file members of the Ak Jol party are being targeted by authorities, supporters of the current ruling coalition, or opponents of the former president, Kurmanbek Bakiev. There is no evidence that members of Ak Jol are either discriminated against or suffer routine harassment. A number of senior members of the former Bakiev regime have been charged with corruption and ordering security forces to fire on government protestors in April 2010. However, former members of Ak Jol formed new parties in 2010 with similar nationalist platforms, successfully contested parliamentary elections in October of that year; many of them are now members of the current ruling coalition. Some former members plan to run as candidates in the presidential elections, scheduled for December 2011. Ak Jol (White Path) was registered on 15 October 2007. It was formed by the merging of several smaller parties, including Moya Strana and the Party of Labour and Unity; the latter formed by two of Bakiev‟s brothers. In December 2007, in heavily criticised elections, Ak Jol won 71 of the 90 seats in parliament.1 2 According to the International Crisis Group (ICG), Kurmanbek Bakiev‟s son Maxim, one of the party‟s founders, envisaged that Ak Jol would dominate the political landscape of Kyrgyzstan, basing its structure and functioning on “the quasi-ruling party” of Russia, Yedinaya Rossiya (United Russia). In short, the party would form the basis of a “subservient parliament”, while power would be concentrated in the hands of “a small ruling elite, inspired by Vladimir Putin‟s model of the „power vertical‟”. The ruling elite would largely be comprised of close family members of President Bakiev.3 By early 2009, there were signs that Ak Jol was beginning to splinter. Divisions became particularly pronounced after the suspicious death of one of its founders, Medet Sadyrkulov, whose “charred body was found in a burnt-out car outside the Kyrgyz capital Bishkek in 1 „President of Kyrgyzstan is leader of the newly hatched Ak-Jol party‟ 2007, Ferghana News, 17 October http://enews.fergananews.com/article.php?id=2169 – Accessed 22 September 2011 2 Institute for War and Peace Reporting 2009, Kyrgyz Ruling Party to Split?, UNHCR Refworld, 30 March http://www.unhcr.org/refworld/docid/49dc4b2317.html – Accessed 22 September 2011 3 International Crisis Group 2010, Kyrgyzstan: A Hollow Regime Collapses, Asia Briefing N°102, 27 April http://www.crisisgroup.org/~/media/Files/asia/central-asia/kyrgyzstan/B102%20Kyrgyzstan%20- %20A%20Hollow%20Regime%20Collapses.pdf – Accessed 20 September 2011 Page 1 of 8 March of 2009”. Sadyrkulov‟s ally, Deputy Prime Minister Elmira Ibraimova, stepped down shortly before his death, and attended an opposition rally the day after his death.4 In April 2010, nationwide protests were sparked by two highly controversial privatisation sales. In the days that followed, eighty-seven people were killed, and hundreds more were injured. Kurmanbek Bakiev fled to Belarus. Maxim Bakiev also remains abroad.5 A new interim government was quickly formed, led by former Bakiev ally Roza Otunbayeva.6 In June 2010, an overwhelming majority of voters approved a new constitution, devolving power away from the president to a reconstituted parliament. Elections to the new parliament were held in October 2010, which were reportedly well conducted according to the Organization for Security and Cooperation in Europe (OSCE).7 Following the collapse of the Bakiev regime and the virtual disintegration of Ak Jol, former top officials and former ministers from the party formed new political parties with similar nationalist platforms: the former Secretary of State Adaham Madumarov formed Butun Kyrgyzstan; Omurbek Babanov formed Respublika; and former minister of emergency services Kamchibek Tashiyev formed Ata-Jurt.8 Ata Jurt did particularly well in the 2010 elections, gaining 8.88 percent of the vote, gaining 28 seats and thereby making it the largest single party in parliament.9 10 At the time of writing, Ata Jurt is a senior partner in the coalition government. 2. Are members of Ak Jol being prosecuted for crimes committed during the Bakiev regime, during the events of April 2010, or during the events of June-July 2010 in Osh? If so, are those charged reportedly receiving fair trials? Ordinary rank and file members of Ak Jol have not been charged in relation to alleged crimes committed by the former Bakiev regime. A number of high ranking members of the former government and security apparatus have been tried for their roles in the violence and killings that accompanied the April 2010 overthrow of Kurmanbek Bakiev. Bakiev and members of his family are also wanted in relation to corruption charges. No rank and file members of Ak Jol appear to have been charged in relation to either the April 2010 violence or the June 2010 anti-Uzbek riots that left hundreds dead in and around the city of Osh. A nephew of Kurmanbek Bakiev has been charged, tried and sentenced for his role in anti-Uzbek violence in the ex-President‟s home town of Jalalabad. One other Ak Jol member from Jalalabad was reportedly detained on suspicion of helping to orchestrate the violence; however authorities later denied this. 4 Tynan, D. 2011, „Kyrgyzstan: Political Elite Caught Up in Murder Scandal‟, Eurasia.net, 15 September http://www.eurasianet.org/node/64174 – Accessed 22 September 2011 5 Amnesty International 2011, Annual Report – Kyrgyzstan, 13 May, p.202 6 US Central Intelligence Agency 2011, The World Factbook – Kyrgyzstan, 2 February https://www.cia.gov/library/publications/the-world-factbook/geos/kg.html – Accessed 2 March 2011 7 Marat, E. 2011, Nations in Transit – Kyrgyzstan, Freedom House, 25 June http://www.freedomhouse.org/images/File/nit/2011/NIT-2011-Kyrgyzstan.pdf – Accessed 21 September 2011 8 Karimov, A. 2010, „Bakiyev „cohorts‟ again striving for power‟, CentralAsiaOnline, 15 July http://centralasiaonline.com/cocoon/caii/xhtml/en_GB/features/caii/features/main/2010/07/15/feature-02 – Accessed 22 September 2011 9 Rickleton, C. 2010, „Election 2010: Ata Jurt claim victory with 8.88% of the Vote‟, Kloop Media, 12 October http://kloop.info/2010/10/12/election-2010-ata-jurt-claim-victory-with-8-88-of-the-vote/ – Accessed 21 September 2011 10 Marat, E. 2010, „Nationalist, Pro-Russian Parties Prevail in Kyrgyz Elections‟, Jamestown Foundation, 13 October http://jamestownfoundation.blogspot.com/2010/10/nationalist-pro-russian-parties-prevail.html – Accessed 22 September 2011 Page 2 of 8 According to the US Department of State, 28 people were tried in absentia in November 2010 for complicity in the killings of protestors involved in the April 2010 anti-Bakiev rallies. Among those tried were the former president himself, his brother Janysh Bakiyev, former Prime Minister Daniyar Usenov, the former head of the Presidential Secretariat Oksana Malevanaya, and the former head of the Presidential Guard Service. The conduct of the trial was heavily criticised, particularly the fact that the defendants “were not allowed to see all of the evidence against them, as is required by law”. Furthermore, during the trial, members of the audience “surged onto the stage, threatening defendants and their attorneys, who subsequently refused to participate in the trial unless the government ensured their security”. A bomb explosion outside the court (a sports stadium in Bishkek) meant that the trial had to be moved.11 Charges have also been laid against former Bakiev ministers in relation to corruption during their administration. According to a European Forum for Democracy & Solidarity report, by December 2010, the Kyrgyzstan government had commenced “more than 60 corruption cases, including trials of Bakiyev, and his brother and his eldest son. Forty-two new criminal cases involving the alleged theft of state assets are underway against formerly high-ranking government officials”.12 The overwhelming majority of those charged and tried in relation to the June 2010 violence in southern Kyrgyzstan have been ethnic Uzbeks and not nationalist Kyrgyz, the main supporter base of Ak Jol. BBC News reported that approximately seventy-four percent of the hundreds killed in the June violence were ethnic Uzbeks. However, by May 2011, fifty-nine Uzbeks had been tried on charges relating to the violence, compared to only seven Kyrgyz.13 Amnesty International described their trials as “unfair”, resulting “at least 24 life sentences and six long-term sentences of between 15 and 25 years‟ imprisonment for murder and mass disturbances in relation to the June unrest”. Amnesty reports that many of those found guilty claim that their confessions were “forced”. Furthermore, “defence witnesses were not interviewed, and lawyers were threatened and physically attacked”.14 One prominent person associated with Ak Jol and Kurmanbek Bakiev was charged and tried in relation to the events; Bakiev‟s nephew Sanjar Bakiev was sentenced to ten years‟ imprisonment after he was found guilty of helping to organise anti-Uzbek violence and of supplying weapons to rioters in Jalalabad.15 Another Ak Jol party member, Paizulla
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