The platform advocates for transparency and openness in the judicial process
The Media Action Platform of Kyrgyzstan has sent a letter to the Chairman of the Supreme Court, Mederbek Satyiev, and the judicial panel regarding the planned consideration of the defense's petition for journalist Mahabat Tajibek kyzy to resume proceedings in the case based on newly discovered circumstances.
This case concerns a key procedural decision—whether the petition will be accepted for consideration. However, as the Platform emphasizes, this stage is of great importance, going beyond a mere procedural formality. It is at this moment that the question of the possibility of a full judicial review of the criminal case, taking into account new significant circumstances, is being decided.
The basis of the defense's appeal was the official conclusion of the UN Working Group on Arbitrary Detention, which recognized the imprisonment of Mahabat Tajibek kyzy as arbitrary and in violation of the international obligations of the Kyrgyz Republic. This document outlines violations of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, and establishes a direct link between the criminal prosecution and her professional activities as a journalist.
The Platform notes that such an international assessment is an important new circumstance that should be taken into account by national courts, which 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 principles of the rule of law, the protection of human rights, and the fulfillment of international obligations. In this context, the Platform reminds that lawyers, prosecutors, and judges in such cases must work as a unified legal system, bearing collective responsibility for the legality and fairness of judicial proceedings.
Furthermore, the appeal highlights the humanitarian aspects of the case. Mahabat Tajibek kyzy is a mother of a minor child, and, in the opinion of the Platform, the principles of humanity and proportionality, as outlined in national and international legislation, should be taken into account when making procedural decisions.
"In this regard, the Media Action Platform of Kyrgyzstan calls on the judicial panel of the Supreme Court of the Kyrgyz Republic to ensure a comprehensive and objective consideration of the petition, take into account the conclusions of international legal mechanisms, and provide an opportunity for the case to be reviewed in accordance with the law. We also insist on the necessity of ensuring openness and transparency in the judicial process, which will contribute to strengthening public and international trust in justice in Kyrgyzstan," the appeal states.
The Platform emphasizes that accepting the petition for consideration does not predetermine the outcome of the case but guarantees 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 balanced and legally justified decision by the Supreme Court will send an important signal of the Kyrgyz Republic's commitment to its constitutional and international obligations and will strengthen the country's reputation as a rule of law," notes the Media Action Platform.
Additionally, the Platform confirms its readiness for open and professional dialogue, as well as for public and expert monitoring of processes related to the rights of journalists and freedom of speech.
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