Recall that on February 2, the Supreme Court of the Kyrgyz Republic will consider the petition of the defense of journalist Mahabat Tajibek kyzy for the resumption of proceedings in the case based on newly discovered circumstances. This concerns a procedural decision: the acceptance or non-acceptance of the petition for consideration.
However, in the opinion of the platform, the significance of this stage goes beyond a formal procedure, as it determines whether the opportunity for a full judicial review of the criminal case will be ensured, taking into account new substantial circumstances.
“According to information from 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 deprivation of liberty of Mahabat Tajibek kyzy as arbitrary and contrary to the international obligations of the Kyrgyz Republic. The document points to violations of the provisions of 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 the exercise of Mahabat Tajibek kyzy's professional journalistic activities,” the platform's statement reads.
By its legal nature, such an international assessment is a new significant factor that should be taken into account by national courts and corresponds to the very logic of the institution of reviewing cases based on newly discovered circumstances.The Media Action Platform emphasizes that the Kyrgyz Republic consistently declares its commitment to the principles of the rule of law, respect for human rights, and the fulfillment of international treaties.
“In such processes, all parties to the proceedings—lawyers, prosecutors, and judges—do not act as opponents, but together represent a unified legal system of the state. Within their procedural powers, they bear a collective professional responsibility for ensuring legality, fairness in judicial proceedings, and compliance with the international obligations of the Kyrgyz Republic to the global community,” the Media Action Platform's appeal states.
The organization also draws attention to the humanitarian aspect of the case: Mahabat Tajibek kyzy is a mother of a minor child, and when considering procedural decisions, it is important to take into account the principles of proportionality and humanity enshrined in national legislation and international norms.
In this regard, the Media Action Platform of Kyrgyzstan calls on the judicial panel of the Supreme Court of the Kyrgyz Republic:
- to ensure an objective and comprehensive consideration of the submitted petition;
- to take into account the conclusions of international legal mechanisms;
- to provide the opportunity for the review of the case in accordance with the law;
- to ensure the openness and transparency of the judicial process, which will contribute to strengthening public and international community trust in justice in Kyrgyzstan.
The platform consistently advocates for the rule of law, the protection of freedom of expression, and the strengthening of trust in the judicial system.
“We are convinced that a balanced and legally justified 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 strengthening the country's reputation as a rule of law state,” the platform's appeal notes.
For its part, the platform confirms its readiness to facilitate open and professional dialogue, as well as to ensure public and expert monitoring of processes affecting the rights of journalists and freedom of speech.
