Kulov Sentenced

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

February 1, 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 continuing violation of the right to legal counsel for Felix Kulov, head of the Ar-Namys party and a leading opposition figure. Kulov was recently sentenced 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.

Lubov Ivanova, an attorney for Kulov, has effectively been precluded from working with her client on his court appeal, which is due today, February 1, 2001. Since Kulov was sentenced, Ivanova has been able to communicate with her client only through a phone in the prison, separated by thick glass, and under the supervision of prison guards. Yesterday, the already difficult communication became impossible, when the phone was found out of order. Only after Kulov refused to meet with his lawyers under such conditions and threatened to go on a hunger strike did prison authorities promise to facilitate a one-on-one meeting between Kulov and his lawyers and allowed a heater in his cell, which had been unbearably cold until then.

Obstructing communication with counsel violates such international standards as the International Covenant on Civil and Political Rights, to which Kyrgyzstan has been a signatory since 1995, and the 1990 UN Basic Principles on Role of Lawyers. Denying Kulov his right to full and unimpeded defense also constitutes a violation of Arts. 38 and 39 of the Constitution of the Kyrgyz Republic as well as Art. 42 of the Code of Criminal Procedure of the KR, which guarantees the right to defense for all Kyrgyz citizens. 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's lawyers be allowed to defend their client freely and safely without obstruction.

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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