Gulshaiyr Abdirasulova commented on the situation
Recently, the Supreme Court of Kyrgyzstan overturned the decisions of previous instances and sent the case of journalist Mahabat Tajibek kyzy for reconsideration. She was convicted on charges of "Calls for mass riots." The further development of the situation was reported by human rights activist Gulshaiyr Abdirasulova on her Facebook page.
“1. The UN Working Group on Arbitrary Detention recognized that Mahabat's deprivation of liberty was arbitrary and violated several provisions of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. As a result of the review, four recommendations were made to the state:
a) to immediately release Mahabat;
b) to hold accountable those who violated her rights;
c) to ensure her rehabilitation, including medical assistance and compensation;
d) to review Article 278 of the Criminal Code to bring it in line with international standards.
2. In connection with the first recommendation — immediate release — the defense appealed to the Supreme Court to reconsider the case based on new circumstances, as a decision of the Supreme Court had been made that entered into legal force. The defense requested the Supreme Court to annul its decision, terminate the criminal case due to the absence of a crime, release Mahabat, and clarify her right to rehabilitation. This request fully aligns with the UN Working Group's recommendation for immediate release.
However, the Supreme Court did not make a substantive decision and returned the case for new consideration to the first instance court. The responsibility was effectively shifted to another court.
At this moment, the recommendation for immediate release has not been fulfilled.
How the first instance court will resolve the issue remains to be seen. It has a chance to rectify the situation, which implies terminating the criminal case and releasing Mahabat.
3. The second recommendation — to hold accountable those who violated Mahabat's rights — is the responsibility of the prosecutor's office. The General Prosecutor's Office must conduct an investigation and provide a legal assessment of the actions of all officials involved in violating her rights.
4. The third recommendation follows from the first two. State authorities are obliged to ensure the implementation of her right to rehabilitation, including medical assistance and compensation.
5. The fourth recommendation concerns aligning Article 278 of the Criminal Code with international standards and falls within the powers of the Jogorku Kenesh. It is unknown whether the review of this article has already begun or at least whether this issue is being discussed.
It is important for all parties to remember: the implementation of recommendations from international human rights bodies is the duty of the state and its authorities, not of Mahabat, her family, defenders, or human rights activists.
The UN Working Group has given the state 180 days to implement the recommendations, and it has only about a month left.
This is no longer just Mahabat's case, but a question of how the state fulfills its international obligations,” emphasized Abdirasulova, adding that she is ready to assist the state in this process.
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