Tenizbay is accused under Article 330 (Part 2) of the Criminal Code of Kyrgyzstan, which pertains to inciting national, racial, religious, or interregional hatred committed by a group of individuals. The activists express deep concern over his detention.
It is also emphasized that publications on social media cannot be considered a secret of the investigation.
According to the State National Security Committee (GKNB), Aibek Tenizbay allegedly regularly published provocative materials capable of causing tension between ethnic groups; however, it is not specified which particular ethnicity is being referred to, and the text of the disputed posts is not provided. These publications are accessible to any internet user, which raises doubts about the justification for concealing them under the pretext of investigative secrecy. The lack of transparency may create the impression of persecution for expressing an opinion, which is unacceptable within the framework of the Constitution and international norms adopted by Kyrgyzstan.
At a meeting with employees of the Public Television and Radio Corporation (UTRK) on December 8, 2025, President Sadyr Japarov emphasized the importance of protecting freedom of speech in Kyrgyzstan and the right of citizens to criticize the authorities, which should be taken into account when considering cases related to public statements.
The activists also noted that Tenizbay is a well-known figure in civil society.
He has no reason to hide from investigative authorities or obstruct the investigation, so his arrest appears to be a method of pressure rather than a legal necessity. The application of house arrest or other preventive measures could allow him to participate in investigative actions while simultaneously guaranteeing his rights without violating the principle of proportionality.
In their appeal, the activists emphasize that charges of interethnic hatred require a high standard of evidence and strict adherence to procedural norms. An independent examination is a necessary element in such cases. Only it can clearly determine whether the statements contain signs of inciting hatred or are expressions of opinion. Without such an examination, the accusation becomes vulnerable, and the conclusions of the investigation may prove to be subjective. This underscores the need for independent expertise to ensure legality.
Members of the platform also noted that in similar cases, lawyers often find themselves at a disadvantage due to non-disclosure agreements.
This practice restricts defenders' ability to engage in full legal discussions and violates the principle of adversarial proceedings. Furthermore, society is deprived of the opportunity to analyze the essence of the accusation, as the case materials are concealed, and access to important information is lacking. This may create a presumption of guilt before a court decision, which contradicts the principles of fair justice.
In this regard, the Media Action Platform of Kyrgyzstan proposes the following steps:
1. President Sadyr Japarov, as the guarantor of the Constitution, should take personal control of this case to ensure an open, objective, and transparent investigation, adherence to the principle of adversarial proceedings and equality, as well as appropriate measures against the citizen.
2. The investigative authorities of the GKNB must provide public information about the content of the materials on which the accusations are based, including excerpts from publications and the results of examinations, to dispel doubts about the legal justification of the case.
3. The judicial authorities should consider the results of independent expertise that meets international standards for evaluating statements and context.
4. The investigator handling Tenizbay's case should petition for a change of preventive measure to house arrest or another appropriate measure, considering the principle of proportionality.
5. The Bishkek City Court should consider the possibility of replacing Tenizbay's detention with house arrest, as he has no chance of hiding or influencing the investigation, and his isolation appears disproportionate to the accusation.
6. The Ombudsman of Kyrgyzstan should take control of the case as potentially related to human rights violations.
It should be noted that the GKNB has identified the citizen of Kyrgyzstan T.A.D., who systematically published provocative posts on social media as part of his work to prevent interethnic hatred.
