"It is an issue of dignity, not ethnicity"
Spravedlivost has been promoting human rights in Jalal-Abad since 1994. Since the 2010 events, discrimination against ethnic minorities, especially Uzbeks, has become widespread. Through its monitoring activities, Spravedlivost uncovers cases of torture and mistreatment, and encourages victims to file complaints. It offers free legal aid to the most vulnerable groups in society, many of whom belong to ethnic minorities. Its staff regularly experiences intimidation from mobs intending to disrupt and influence court hearings as well as the Kyrgyzstan National Security Committee.
Spravedlivost’s Director, Valentina Gritsenko, its Senior Lawyer, Utkir Dhzabbarov, and the Head of Legal Reception, Baktykhan Zhaparova, describe their work in this tense environment.
Valentina Gritsenko: “We promote human rights through the law and we promote equality by taking on all cases, regardless of ethnicity.
“We have a strong legal team and we lobby to influence legislation. Our senior lawyer is working with the authorities to amend the criminal code and is a member of the National Protection Mechanism. We also criticize government policy, together with other human rights activists. One of our biggest challenges is to get the criminal investigation procedure completely reformed.
“In the aftermath of the June 2010 events, things were very tense. People didn’t understand why we would help Uzbeks. Our Uzbek clients couldn’t understand why we would give them Kyrgyz lawyers, but our Uzbek lawyers couldn’t be effective in that environment. Mobs threatened to kill us and to burn down our office. Our head of legal reception was attacked outside the office. We took on all clients because we wanted to show by example that ethnicity is not relevant before the law.
“The 2010 events have had a lasting impact. The situation is not improving, but I wouldn’t say it is getting worse, either. Time has healed some wounds, but there are things people can’t forget.
“Impunity is a problem. No Kyrgyz were prosecuted in Jalal-Abad. Uzbeks remain afraid to seek justice. There is no trust in the authorities.
“It is interesting to note that before 2010, the previous inter-ethnic violence took place over 20 years ago, in 1990. People harbour resentments. The next generation will hear about the violence from their parents, about how justice was not served. I don’t know what will spark the next conflict, but if impunity is not addressed, people will take that opportunity to seek revenge.”
Baktykhan Zhaparova: “I am the first point of contact for all our clients. We provide legal aid for all vulnerable people, including women, people who can’t afford a lawyer and minorities. We take on civil, criminal, economic and domestic cases.“We monitor temporary detention facilities for cases of torture, mistreatment, procedural abuses and poor health conditions. The authorities allow us to interview victims in a private room, but in torture or mass beating cases, the supervisors sometimes join us under the pretext of having to protect our safety. We provide doctors to record evidence of torture and offer treatment. Often, victims are too scared to file a complaint. Before the 2010 events, ethnicity wasn’t a factor, but now most of the detainees are minorities and the majority of our torture cases involve Uzbeks.
“Since the events of 2010, minorities have had little trust in the authorities. They avoid hospitals and the police because they are scared that an injury might be taken as evidence of participation in those events.
“The two most urgent challenges are to get the government interested in solving problems, rather than leaving it to international organizations, and to increase minorities’ trust in the authorities. The government has good intentions, but it lacks resources and initiative. It responds positively to our suggestions, but it would not act without pressure.
“The State machinery is huge. No one can go against this alone. I know how it feels to be beaten. [While trying to protect Azimzhan Askarov]. Cases like Askarov’s are a professional challenge. I cannot sit back and do nothing while he and others are illegally detained. It is an issue of dignity, not ethnicity.”
Utkir Dhzabbarov: “Justice has not been established since the June 2010 events and people are not satisfied. The perpetrators need to be prosecuted. People want access to justice but they don’t trust the authorities. The local media reinforces stereotypes and the inter-ethnic situation has been politicized. People are afraid to speak out but we cannot act if they do not make a formal complaint. All this will have a negative effect on the future.“To strengthen the rule of law, we need to speak out, fight corruption, use the law, report violations, raise public awareness and lobby the authorities.
“I specialize in torture cases and also take on administrative and terrorism cases. I also submit reports to international bodies and work with the authorities to improve legislation.
“As a member of a coalition of NGOs against torture, I pressure the authorities for change. I also work with the authorities to improve legislation through the National Protection Mechanism. This is our access to parliament and our recommendations are welcomed.
“Legislation is improving, even though it still doesn’t entirely meet international standards. However, implementation is still a challenge and corruption is flourishing. A lot of laws are ignored or not fully understood. The government could change this situation in a day if it had the will. In one hour, it could release Azimzhan Askarov."