Kulov's Right to Counsel Violated

President Askar Akaev
Republic of Kyrgyzstan
VIA FAX: 996 312 661 382

January 22, 2001

Your Excellency:

The International League for Human Rights, an international, non-governmental human rights organization with consultative status at the United Nations ECOSOC, is deeply concerned by the court's decision on January 22, 2001, to sentence Felix Kulov, head of the Ar-Namys party and a leading opposition figure, to seven years of imprisonment and confiscation of his property on charges of "instigating a crime", "official forgery" and "misuse of official status" while serving as Minister of National Security. The League has ample reason to believe that the charges against Kulov are politically motivated, and that due process has not been followed in handling his case.

This is the second time Kulov has been arrested. His first arrest took place March 22, 2000, while Kulov was in a Bishkek hospital. On August 7, 2000, Kulov was released, followed, however, by the Kyrgyz Military Court's decision to send his case for further review, but by another judge. The new trial took place behind closed doors and lasted two and a half months. According to Kulov's lawyer, the trial was "absurd" as the proceedings were closed to public and no observers were allowed. The charges consisted of three counts of conspiracy in the abuse of office, failure to register equipment and improper surveillance, based on arts. 30(5)(6), 315, 304 (3)(3) of the new Criminal Code of Kyrgyz Republic, as well as article 177(2) of the old Criminal Code.

Upon careful examination of the facts and circumstances surrounding Kulov's case, including during a visit to Kulov while in custody and through repeated meetings with prosecutors investigating the case, the League believes that Kulov has been targeted for political reasons. Kulov's first arrest took place immediately after he announced his candidacy for the presidential elections, scheduled to take place in late summer 2000, and after he had won the first round in parliamentary elections in his district. Later he was denied victory through manipulation by Kyrgyz authorities. After spending most of the pre-election period in prison, Kulov was thus effectively shut out of the presidential race. The reconsideration of Kulov's case and the guilty verdict against him are all the more troubling as they come after the presidential elections.

Considering that Kyrgyzstan is a signatory of the International Covenant on Civil and Political Rights since 1995, the League calls upon you to intervene on behalf of the rule of law under Kyrgyzstan's international and domestic commitments, and to ensure a new trial of Mr. Kulov, with full access for public and international observers, who were denied access in previous proceedings. Furthermore, the League urges that Mr. Kulov be given free and unimpeded choice of counsel for his defense, which was also denied.

Thank you for your attention to this matter. We await your response.

Sincerely,

Catherine Fitzpatrick
Executive Director

cc: Amb. O'Keefe
VIA FAX: 996 312 551 264

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