2005 Country Report on Human Rights Practices in Kyrgyz Republic Page 1 of 19 Kyrgyz Republic Country Reports on Human Rights Practices - 2006 Released by the Bureau of Democracy, Human Rights, and Labor March 6, 2007 The Kyrgyz Republic's new December constitution defines the country as a sovereign, unitary, democratic, social state based on the rule of law. The country has a population of approximately 5,218,000. The country has a multiparty parliamentary system and was ruled by President Kurmanbek Bakiyev, whose July 2005 election, following the March overthrow of the Akayev regime, marked tangible progress towards meeting international standards. Only a dozen out of approximately 90 registered political parties played a significant role, and no single party was dominant. On November 9, following a week-long opposition-led street protest, the country adopted a new constitution, which held out the possibility of greater checks and balances among the branches of government. On December 30, the parliament adopted a revised version of the constitution that restored many powers to the president. The new constitution envisages a greater role for political parties, with half the seats in the next parliament to be elected by party lists. The civilian authorities generally maintained effective control over the security forces, although some members committed serious human rights abuses. The following human rights problems were reported: some restrictions on citizens' right to change their government; arbitrary or unlawful killings; disappearance of and failure to protect refugee and asylum seekers; torture and abuse by law enforcement officials; impunity; poor prison conditions; arbitrary arrest and detention; lack of judicial independence; pressure on nongovernmental organization (NGO) and opposition leaders, including physical assaults and government harassment; an increase in pressure on independent media, including assaults on staff and vandalism of property; government harassment of assembly organizers; pervasive corruption; discrimination against women, persons with disabilities, ethnic minorities and homosexuals; child abuse; child labor; and trafficking in persons. Despite these problems, the government's respect for human rights improved in several areas. Assistance from international organizations helped improve prison conditions in several locations and promoted the proper handling of prisoners. Tuberculosis (TB) mortality rates in prisons decreased. Local NGOs observed a reduction in incidents of military hazing among soldiers and cadets of the armed forces. During the year several Ministry of Internal Affairs (MVD) officials were dismissed or prosecuted for abuses or misconduct. The government also took initial steps to tackle systemic corruption in the public and private sectors, although comprehensive national action was not yet taken. The government allowed several large-scale opposition rallies. RESPECT FOR HUMAN RIGHTS Section 1 Respect for the Integrity of the Person, Including Freedom From: a. Arbitrary or Unlawful Deprivation of Life There were reports that the government or its agents committed arbitrary or unlawful killings. On August 6, the special forces of the National Security Service (SNB) shot and killed three persons, including Mukhammadrafiq Kamalov, imam of the largest mosque in Karasuu. Immediately following the incident, government officials said that the three were affiliated with banned the Islamic Movement of Uzbekistan (IMU) and were killed in the course of an antiterrorism operation. Kamalov's family and observers, including the ombudsman for human rights, denied security officials' allegations about the possible involvement of the imam in religious extremist groups. Security officials later conceded that Kamalov might not have been part of the group but instead may have been kidnapped by the suspected terrorists and thus killed accidentally in the raid. On May 24, security forces detained Kamalov and searched his house on suspicion of his involvement in activities of the extremist Islamist political organization, Hizb ut Tahrir (HT). On October 15, Aibek Alimjanov, a businessman, deputy of the Osh City Council, and the leader of the Uzbek Cultural Center in Osh, was shot and killed. The government denied any political connections to the crime and suspected the attack was related to Alimjanov's business dealings. The Uzbek community alleged that Alimjanov was targeted because of his ethnicity and expressed concerns about the sluggish investigation. The same community addressed a letter to the president requesting his assistance in expediting a resolution to the case. An investigation into the incident continued at year's end. There were no developments in the investigations into the April 2005 killing of Usen Kudaibergenov and the June 2005 killing of parliamentarian Jalgarbek Surabaldiyev. At year's end the Bishkek court continued consideration of an appellate case regarding the September 2005 killing of parliamentarian Bayaman Erkinbayev. The appeal was filed by the late deputy's wife for the two defendants, Makhmudjan Ruzimetov and Sabyrkul Batyrov, who were sentenced to death in August for being accomplices to the crime. In December, Russian law enforcement agencies reported that Sultan Abalayev, a person who supposedly carried out the assassination of Erkinbayev and who was on the Interpol wanted list, was 2005 Country Report on Human Rights Practices in Kyrgyz Republic Page 2 of 19 arrested in Chechnya, Russia. It was unclear if Abalayev, a Russian citizen, would be extradited for prosecution. On August 3, N31 prison colony inmates Rustam Abdullin, Azamat Zakirov, and Yevgeniy Golovin were sentenced to death for the October 2005 killing of parliamentarian Tynychbek Akmatbayev and three other officials while they visited their prison colony near Bishkek. There were no reports on deaths due to military hazing. There were no developments or further information regarding the December 2005 Uzbek border guard shooting of a Kyrgyz citizen or the October 2004 death of Tashkenbay Moidinov while held in police custody. b. Disappearance According to an August 23 statement by the UN High Commissioner for Refugees (UNHCR), five Uzbek citizens that had applied for asylum status disappeared in July and August, with eyewitnesses claiming in at least two of these cases that the individuals had been seized from their homes and taken away in unmarked vehicles. The Prosecutor General's Office eventually initiated an investigation into the disappearances, but only after the UNHCR publicly appealed for government action. The investigation did not produce any results, and the whereabouts of these asylum seekers remained unknown at year's end (see section 2.d.). There were no developments and none were expected in the investigation of the 2004 two week disappearance of Tursunbek Akunov. Akunov alleged the SNB was involved. In 2005 Akunov became chairman of the State Commission on Human Rights. Local human rights advocates continued to report that approximately 12 Kyrgyz citizens were serving sentences in Uzbek prisons after being kidnapped by Uzbek security services beginning in 2000. c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment The law prohibits such practices; however, police and SNB forces employed them. At times police beat detainees and prisoners to extract confessions. In March and August 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 the Ministry of Justice (MOJ) established the Internal Security Service (ISS) to investigate and curb corruption and abuse within penitentiaries. As of December, the unit was investigating eight cases of alleged violations. On December 5, the NGO Spravedlivost and the Osh Advocacy Center, with support of the Organization for Security and Cooperation in Europe (OSCE) Office in Osh, conducted a two-day human rights training seminar for the heads of the Osh, Jalalabad, and Batken oblast penitentiaries. The training focused on educating prison staff in protecting prisoners' human rights and establishing better relations with human rights organizations. According to the NGO Committee of Soldiers' Mothers, military hazing steadily decreased over the preceding year. The NGO monitored various military units, recording all instances of hazing, and worked closely with military authorities to implement preventive measures. Hazing incidents reported during the year included physical abuse and money extortion by noncommissioned officers. On a quarterly basis, the NGO met with military representatives to discuss incidents of hazing and to plan activities for further improvement. According to the NGO, military authorities take every incident seriously and strive to develop measures to eliminate problems. The NGO published a quarterly magazine and aired a regular program on the National TV channel about the military service, including work and living conditions and morale of the troops. Representatives of the NGO visited military units on a regular basis, conducting interviews with soldiers and officers. In November Freedom House reported about two border servicemen, Gairat Torakeldiyev and Erkin Kamalov, who sustained injuries from physical abuse by their peers. The Military Prosecutor's Office and the senior leadership of the National Border Service were investigating both cases. On October 16,