Gulshaiyr Abdirasulova shared her opinion on the current state of affairs
The Supreme Court of Kyrgyzstan annulled the decisions of previous instances and sent the case of journalist Mahabat Tajybek kyzy for re-examination. She was convicted under the article "Calls for mass riots." The human rights activist Gulshaiyr Abdirasulova spoke about further actions on her Facebook page.
"1. The UN Working Group on Arbitrary Detention recognized that Mahabat's detention is arbitrary, thereby violating several provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Following its review, they issued four recommendations to state authorities:
a) immediately release Mahabat;
b) hold accountable those who violated her rights;
c) ensure her rehabilitation, including medical assistance and compensation;
d) review Article 278 of the Criminal Code and bring it in line with international standards.
2. In connection with the first recommendation for immediate release, the lawyers submitted a petition to the Supreme Court for a review of the case based on new circumstances, as there is already a legally binding decision of the Supreme Court on this case. The defense requested to annul the Supreme Court's ruling, terminate the criminal prosecution due to the absence of a crime, release Mahabat, and clarify her right to rehabilitation, which fully complies with the UN Working Group's instructions.
However, the Supreme Court did not make a substantive decision and sent the case back to the first instance court, thereby shifting the responsibility to another body.
At present, the recommendation for immediate release remains unfulfilled.
How the first instance court will act remains to be seen. It has the opportunity to rectify the situation, which implies terminating the criminal case and releasing Mahabat.
3. The second recommendation regarding holding accountable those responsible for violating Mahabat's rights lies with the prosecutor's office. The General Prosecutor's Office must initiate an investigation and assess the actions of all officials involved in the violations.
4. The third recommendation follows from the first two and requires state authorities to ensure the implementation of the right to rehabilitation, including medical care and compensation.
5. The fourth recommendation, concerning bringing Article 278 of the Criminal Code in line with international standards, requires action from the Jogorku Kenesh. I am not aware if a review of this article has been initiated or at least discussed.
It should be reminded to all parties: the implementation of recommendations from international human rights bodies is the responsibility of the state and its structures, not Mahabat, her relatives, or human rights defenders.
The UN Working Group has given the state 180 days to implement the recommendations, and it has about a month left.
This concerns not only Mahabat's case but also the question of whether the state is fulfilling its international obligations,” emphasized Abdirasulova. She also added that she is ready to assist the state in fulfilling these obligations.
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