He noted that the court's decision raises questions about both procedural and substantive aspects of the law.
“Civil procedural legislation does not allow for the recognition of the activities of individuals as extremist within the framework of special proceedings. The court essentially assessed the actions of citizens from a criminal law perspective, which exceeds the jurisdiction of a civil court,” the lawyer added.
Alagushiev also emphasized that the court ruling lacks specific indications of which materials were recognized as extremist and on what criteria. This violates the principles of legal clarity and fair trial.
Read more on the topic CPJ calls for the annulment of the decision recognizing Temirov Live and Kloop as extremist
“Such an approach could lead to absurd consequences: it could encompass, for example, interviews with officials, reports from state events, as well as materials related to medicine or education. This approach creates a danger of excessive restriction of freedom of speech, which contradicts the Constitution and international obligations of Kyrgyzstan, including Article 19 of the International Covenant on Civil and Political Rights (ICCPR). Given the identified procedural violations, there are ample grounds for the annulment of the decision in cassation,” concluded Akmat Alagushiev.
We remind you that on October 27, the Oktyabrsky District Court of Bishkek granted the prosecutor's claim and recognized the materials of the online publications Temirov Live, Kloop Media, and "Ait Ait Dese" as extremist.
