Publications on social media should not be a secret of the investigation
The Platform believes that publications on social media cannot be considered a secret of the investigation. "The State Committee for National Security claims that Aibek Tenizbay regularly posted provocative materials capable of inciting interethnic tension, but does not specify which particular ethnicity is involved and does not disclose the content of these posts. Meanwhile, such publications are accessible to all internet users, and concealing them under the pretext of investigation secrecy contradicts the principles of open justice. The lack of transparency creates the impression of persecution for expressing an opinion, which is unacceptable according to the Constitution and international obligations of Kyrgyzstan," the statement notes.The Platform also reminds that President Sadyr Japarov, in his speech before the staff of UTRK on December 8, 2025, emphasized the importance of freedom of speech in Kyrgyzstan and the citizens' right to criticize the authorities.
"These principles should be taken into account when assessing cases related to public statements," the statement emphasizes.
Detention as a harsh preventive measure
Platform activists note that Aibek Tenizbay is a well-known figure in Kyrgyzstan's civil society."He has no motives to hide from law enforcement or to obstruct the investigation. In this situation, detention is perceived as pressure rather than necessity. Alternative measures, such as house arrest, could ensure his participation in investigative actions while not violating his rights, thus upholding one of the key principles of criminal procedure — proportionality," the representatives of the Platform state.
The need for independent expertise of publications
Members of the Platform note that accusations related to interethnic hatred require the highest level of evidence and strict adherence to procedural norms."An objective and independent examination is a crucial aspect of such cases. Only a detailed expert analysis conducted according to established methods can determine whether the statements contain signs of hostility or fall within the realm of expression of opinion. Without such expertise, the accusation becomes vulnerable, and the conclusions of the investigation are subjective. Independent expertise is necessary to ensure legality and prevent an expansive interpretation of criminal law," the statement reads.
Unequal opportunities for defense
"In such cases, we observe a persistent practice where lawyers find themselves in an unequal position due to non-disclosure agreements. This limits the defense's ability to engage in full legal discussions and hinders the realization of the principle of adversarial proceedings. Society also lacks access to information about the content of the charges, as materials are concealed and access to key data is restricted. This creates grounds for assumptions of guilt before a court decision is made, which contradicts the principles of fair justice," the members of the Platform emphasize.The Media Action Platform of Kyrgyzstan calls for:
- President Sadyr Japarov, as the guarantor of the Constitution, to take personal control of the case to ensure an open, objective, and transparent investigation, adherence to the principle of adversarial proceedings and equality, so that measures of influence correspond to the actual circumstances of the case and do not undermine trust in state institutions;
- The investigative bodies of the GKNB to provide the public with information about the content of the materials on which the accusation is based, including fragments of the alleged publications and the results of the examination, to eliminate doubts about the legal validity of the case;
- The judicial authorities to take into account the results of independent and transparent expertise that meets international standards for evaluating statements and context;
- The investigator leading the criminal case against Aibek Tenizbay to petition the court for a change in the preventive measure, considering the principle of proportionality, replacing detention with house arrest or another measure;
- The Bishkek City Court to consider the circumstances of the case and replace the detention of Aibek Tenizbay with house arrest or another lenient measure. Aibek Tenizbay is a public figure with no opportunity to hide or influence the course of the investigation, so his isolation is not an objective necessity and appears disproportionate to the charges brought;
- The Ombudsman of Kyrgyzstan to take control of the case as potentially related to human rights violations.
