Gulshair Abdirasulova commented on the situation
The recent decision of the Supreme Court of Kyrgyzstan to annul previous court rulings has led to a new hearing in the case of journalist Mahabat Tajybek kyzy, who was previously convicted on charges of "Calls for mass riots." In her Facebook post, Gulshair Abdirasulova, a human rights activist, shared the next steps.
“1. The UN Working Group on Arbitrary Detention recognized Mahabat's detention as illegal, noting violations of several articles of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. As a result of their investigations, they proposed four recommendations to the state:
a) to immediately release Mahabat;
b) to hold accountable those who violated her rights;
c) to ensure her rehabilitation, including medical care and financial compensation;
d) to review Article 278 of the Criminal Code in accordance with international standards.
2. In connection with the first recommendation for immediate release, the defense filed a request with the Supreme Court to review the case based on new circumstances, as a decision had already been made by the Supreme Court. The defense insisted on the annulment of the previous decision, the termination of the criminal case due to lack of corpus delicti, and the release of Mahabat with an explanation of her right to rehabilitation. This request fully complies with the recommendations of the UN Working Group.
However, the Supreme Court did not make a substantive decision and sent the case for a new hearing in the court of first instance, thereby shifting the responsibility to another court.
To date, the recommendation for immediate release has not been fulfilled.
How the court of first instance will proceed remains to be seen. It has a chance to rectify the situation, which implies the termination of the criminal case and the release of Mahabat.
3. The second recommendation regarding holding accountable those responsible for violating Mahabat's rights is under the jurisdiction of the prosecutor's office. The General Prosecutor's Office is obliged to conduct an investigation and assess the actions of all officials who violated her rights.
4. The third recommendation logically follows from the previous ones — state bodies must ensure the realization of Mahabat's right to rehabilitation, including medical treatment and compensation.
5. The fourth recommendation concerns the revision of Article 278 of the Criminal Code, which falls under the authority of the Jogorku Kenesh. At this moment, I am not aware if discussions on this issue have begun.
It is important to note that the implementation of recommendations from international human rights organizations is the duty of the state and its institutions, not Mahabat, her family, lawyers, or human rights defenders.
The UN Working Group has given the state 180 days to implement the recommendations, and there is only about a month left.
This is no longer just Mahabat's case, but also a question of how well the state fulfills its international obligations,” Abdirasulova noted, adding that she is ready to assist the state in fulfilling these obligations.
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