A letter has been sent to President Sadyr Japarov
The Media Action Platform of Kyrgyzstan has called on President Sadyr Japarov regarding the criminal case initiated against civil activist Aibek Tenizbay. This was reported on social media.
In their address, activists expressed deep concern over the arrest of Aibek Tenizbay and the charges brought against him under Article 330 (Part 2) of the Criminal Code of the Kyrgyz Republic, which pertains to inciting national, racial, religious, or interregional hostility committed by a group of individuals.
The Platform noted several important aspects:
1. Publications on social media cannot be considered a secret of the investigation
Social media cannot be closed to the public. The GKNB claims that Aibek Tenizbay regularly posted provocative materials that could incite interethnic tension. However, it does not specify which ethnicity they relate to, nor does it provide the content of these posts. Since such publications are publicly available, concealing them under the pretext of investigation secrecy contradicts the principles of judicial openness. The opacity of this situation creates the impression of persecution for expressions, which is unacceptable within the framework of the Constitution and international obligations of Kyrgyzstan. President Japarov emphasized in a meeting with the staff of UTRK on December 8, 2025, that freedom of speech must be protected and citizens have the right to criticize the authorities. These principles should be taken into account in cases related to public statements.
2. The application of harsh measures — detention
Aibek Tenizbay is a well-known figure in Kyrgyzstan's civil society. He has no grounds to hide from law enforcement or to obstruct the investigation. In this context, detention appears to be a means of pressure rather than a necessary legal measure. Alternative measures, such as house arrest, could ensure his participation in investigative actions and not violate his rights, adhering to the principle of proportionality.
3. An independent examination of publications is needed
The Media Action Platform emphasizes that accusations related to interethnic hatred require a high evidentiary basis and strict adherence to procedural norms. An objective and independent examination is an important element in such cases. Only an expert analysis conducted according to established methodologies can determine whether the statements contain signs of inciting hostility or fall under the protection of freedom of speech. Without such an examination, the accusation becomes vulnerable, and the conclusions of the investigation are subjective. Conducting an independent examination is necessary to uphold legality and prevent an expansive interpretation of the criminal norm.
4. Unequal opportunities for defense
In such cases, there is a practice where lawyers find themselves at a disadvantage due to non-disclosure agreements. This limits the defense's ability to engage in a full legal discussion and hinders the realization of the principle of adversarial proceedings. Society is also deprived of the opportunity to analyze the content of the accusations, as case materials are concealed, and access to key information is lacking. As a result, an assumption of guilt arises even before a judicial decision, which contradicts the principles of fair justice.
Based on this, the Media Action Platform of Kyrgyzstan calls for:
1. President Sadyr Japarov, as the guarantor of the Constitution, to take personal control of the case to ensure an open and transparent investigation, which will help avoid bias and maintain trust in state institutions.
2. The investigative bodies of the GKNB to provide the public with information about the content of the accusation materials, including excerpts from publications and the results of the examination, to eliminate doubts about the legal justification of the case.
3. The judicial authorities to consider the results of an independent examination that meets international standards for assessing statements and their context.
4. The investigator handling Aibek Tenizbay's case to petition for a mitigation of the preventive measure based on proportionality, replacing detention with house arrest or another milder measure.
5. The Bishkek City Court to take into account the details of the case and change the preventive measure from detention to house arrest or another appropriate measure, as Aibek Tenizbay has no opportunity to hide or influence the investigation, and his isolation appears disproportionate.
6. The Ombudsman of Kyrgyzstan to take control of the case due to possible human rights violations.
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