Origin of "Altyn Uya"
After the collapse of the "Zhibek" factory in Osh, an abandoned kindergarten remained on its territory. Seeing the need of the children, Tamara Toktomametova requested permission from the city administration to temporarily accommodate orphans in this building.“In the 90s, when the situation was particularly difficult, my mother began to care for homeless children, formalizing guardianship over them and appealing to the city hall for accommodation. The municipality allocated several rooms in the kindergarten, which was in a deplorable state,” recalls Eldiyar Mukhanov, co-founder of the foundation and son of the founder.
Over time, the building was officially transferred to the Public Fund for the Protection of Children and Support for Cultural Figures named after Tabyldy Mukhanov, whose widow is Tamara Toktomametova.
“The Osh city administration transferred the kindergarten building in parts to various organizations, including the fund run by my mother. At the same time, the cost of the necessary repairs was deducted from the total amount,” Mukhanov explains.
Currently, both the orphanage "Altyn Uya" and a private kindergarten are located in the premises, with the income from the latter helping to support the orphans.
“State funding is insufficient to cover all expenses, so the income from the private kindergarten is an important support,” he notes.
There are 12 children living in the orphanage, seven of whom have disabilities. Some of the graduates have continued to live here even after reaching adulthood, as they have no other housing options.
“Most of the graduates are registered at our house, as without registration it is impossible to obtain a passport. And where will they all go now? They simply have nowhere else to live,” Mukhanov adds.
Lawsuit
The lawsuit filed by the Osh city council demands that the city administration's decision to sell the land for "Altyn Uya" be declared invalid and that it be returned to municipal ownership. The basis for this is a resolution from the Jogorku Kenesh in 2022 regarding the inspection of privatized social facilities if they are used for purposes other than intended.However, representatives of the foundation assert that the orphanage operates solely for its intended purpose — it is home to orphans.
“We have all the necessary documents: birth certificates, conclusions from guardianship authorities, and inspection reports. Our children receive education and nutrition, and the older ones are already working. How can it be claimed that the building is not being used for its intended purpose?” Mukhanov questions.
Mukhanov also points out that the city administration did not protect the interests of the orphanage during the court proceedings, despite the fact that the commission established by the court found no violations.
“We have already appealed to the General Prosecutor's Office and the GKNB. The chairman of the council filed the lawsuit without consulting the deputies, which violates the law. Why are claims being made only against our institution remains unclear, as private houses and multi-story buildings have been constructed around us on the same lands that previously belonged to the factory,” he says.
Currently, the foundation is preparing a cassation appeal to the Supreme Court. Tamara Toktomametova has also sent a request to the president and the chairman of the GKNB asking them to investigate the actions of the officials of the Osh council.
“When I first learned about the lawsuit, as a lawyer, I assumed that the case would not go to court, as the chairman of the council does not have the authority to file such a lawsuit. But the court accepted the case anyway. It is quite strange that we lost in the city and regional courts,” concludes Mukhanov.
