As previously reported, on February 2, the Supreme Court of the Kyrgyz Republic will hold a hearing on this case to determine whether the defense's petition for the reopening of proceedings based on newly discovered circumstances will be accepted for consideration.
According to representatives of the platform, this stage is important not only from a formal point of view: it affects the possibility of a full review of the criminal case in light of new significant circumstances.
According to the defense and human rights organizations, the basis for the appeal to the court was the official conclusion of the UN Working Group on Arbitrary Detention, which recognized the detention of Mahabat Tajibek kyzy as arbitrary and in violation of the international obligations of the Kyrgyz Republic. The document mentions violations of rights enshrined in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, as well as the connection between the criminal prosecution and her professional activities as a journalist.
Such an international assessment, by its legal nature, is an important factor that should be taken into account by national courts in the framework of reviewing cases based on newly discovered circumstances.The Media Action Platform emphasizes that the Kyrgyz Republic has long declared its commitment to uphold the principles of the rule of law, human rights, and international obligations.
“In such processes, all participants: lawyers, prosecutors, and judges must work together as part of a unified legal system. Each party is responsible for upholding legality and justice in the judicial process, as well as for fulfilling the international obligations of the Kyrgyz Republic,” the Media Action Platform stated in its appeal.
Furthermore, the organization highlights the humanitarian aspect of the case: Mahabat Tajibek kyzy is a mother of a minor child, and when making procedural decisions, the principles of proportionality and humanity, enshrined in both national legislation and international norms, should be taken into account.
In this regard, the Media Action Platform of Kyrgyzstan strongly urges the judicial panel of the Supreme Court of the Kyrgyz Republic:
- to ensure a comprehensive and objective consideration of the petition;
- to take into account the conclusions of international human rights mechanisms;
- to provide an opportunity for the review of the case in accordance with the law;
- to ensure openness and transparency in the judicial process, which will contribute to strengthening public and international trust in justice in Kyrgyzstan.
The Platform consistently advocates for the rule of law, the protection of freedom of speech, and the strengthening of trust in the judicial system.
“We are confident that a balanced and well-reasoned decision by the Supreme Court will be an important signal of the Kyrgyz Republic's commitment to its constitutional and international obligations, as well as strengthen the country's reputation as a rule of law state,” the platform's appeal states.
The Platform is ready to facilitate open and professional dialogue, as well as to provide public and expert monitoring of processes related to the rights of journalists and freedom of speech.
