The platform insists on the necessity of openness and transparency in judicial proceedings
The Media Action Platform of Kyrgyzstan has addressed Mederbek Satyiev, the Chairman of the Supreme Court, and the judicial panel regarding the petition submitted by the defense of journalist Mahabat Tajibek kyzy for the resumption of the criminal case based on newly discovered circumstances.
The question of whether to accept this petition for consideration is being discussed. However, as the Platform emphasizes, this step carries much greater significance than just a formal procedure. The issue is whether a full review of the criminal case will be ensured, taking into account new and significant circumstances.
The defense's appeal is based on the official conclusion of the UN Working Group on Arbitrary Detention, which recognized that the imprisonment of Mahabat Tajibek kyzy is arbitrary and contradicts the international obligations of the Kyrgyz Republic. The document outlines violations of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and highlights the connection between the criminal prosecution and her professional activities.
The Platform notes that such an international assessment represents a new and important circumstance that should be taken into account by national courts. This aligns with the logic of reviewing cases based on newly discovered circumstances.
In its appeal, the Platform emphasizes that the Kyrgyz Republic consistently reaffirms its commitment to the rule of law, the protection of human rights, and the fulfillment of international obligations. In this context, it is important to note that lawyers, prosecutors, and judges in such processes should be viewed not as adversaries, but as representatives of a unified legal system, bearing joint responsibility for the legality and fairness of judicial proceedings.
Particular attention is paid to the humanitarian aspect of the case. Mahabat Tajibek kyzy is a mother of a minor child, and when making procedural decisions, it is necessary to consider the principles of proportionality and humanity, as outlined in both national legislation and international norms.
In light of the above, the Media Action Platform of Kyrgyzstan calls on the Supreme Court to ensure an objective and comprehensive review of the petition, to take into account the conclusions of international legal mechanisms, and to provide an opportunity for the case to be reviewed in accordance with the law. Furthermore, it is important to ensure openness and transparency in the judicial process, which will help strengthen public and international trust in justice in Kyrgyzstan.
The Platform emphasizes that accepting the petition for consideration does not determine the outcome of the case, but is one of the fundamental principles of justice—the right to a fair and impartial hearing, taking into account all relevant facts and international standards.
"A well-reasoned and balanced decision by the Supreme Court will be an important signal of the Kyrgyz Republic's commitment to its constitutional and international obligations and will enhance the country's reputation as a rule of law," states the Media Action Platform.
The Platform also expresses its readiness for open and professional dialogue, as well as for public and expert monitoring of processes concerning the rights of journalists and freedom of expression.
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