Spravedlivost: defending justice and equality
(Please note that names of victims in this story have been changed to protect the victims' identities)
In June 2010, southern Kyrgyzstan experienced its worst inter-ethnic violence since 1990. For four days starting on 10 June, ethnic Kyrgyz and Uzbeks clashed in Osh and Jalal-Abad. On 12 June, the High Commissioner on National Minorities issued an early warning, the second in the Institution’s history. Addressing the OSCE Permanent Council on 14 June, Knut Vollebaek said: “The development is particularly dramatic in the south of the country where we witness attempts of ethnic cleansing.”
By the time the worst of the violence ended, approximately 470 people had died and almost 2,000 were injured. Over 100,000 people fled to Uzbekistan and a further 300,000 were internally displaced, with the ethnic Uzbek minority suffering the brunt of the damage.
In the aftermath, law-enforcement bodies carried out large sweeps for people involved in the June events, rounding up disproportionate numbers of ethnic Uzbeks. It was not uncommon for confessions to be secured through torture and abuse.
In this tense environment, Spravedlivost’s multi-ethnic staff provided free legal aid to victims of the 2010 events, and it continues to support the most vulnerable people in Jalal-Abad, including minorities, by speaking out about human rights abuses, working with the authorities to improve the law and detention conditions, educating lawyers and activists about human rights issues and raising public awareness of human rights.
Building trust in the authorities is one of our priorities. The last two uprisings had a terrible effect.
An uneasy calm
The most violent inter-ethnic tensions have now subsided and Jalal-Abad is a calm and friendly city. Yet there remains an undercurrent of fear, with ethnic Uzbeks still living in danger of ongoing arbitrary detention, extortion and corruption.
Rustam Islamov was arrested and accused of having committed murder during the events, despite having a police statement that he was not involved. He says: “It isn’t safe for Uzbeks anymore. The police detain people arbitrarily. I know because it happened to me.”
Corruption, extortion and discrimination are pushing some to leave. Nargiz Khamidova says: “I’m sad to leave. Kyrgyzstan is my home. But I can’t see any way to live here. I want to give my children a good future, but this is impossible here.”
Baktykhan Zhaparova, Spravedlivost’s Head of Legal Reception, says: “Before 2010, the ethnicity of detainees was not a factor, but since the arbitrary arrests started, most of the inmates have been minorities. Most of our torture cases involve Uzbeks. I feel that Uzbeks are being deliberately targeted. The human rights violations are still continuing four years after the events.
At the same time, many ethnic Uzbek victims of the events are still waiting for justice. Valentina Gritsenko, Spravedlivost’s Director, says: “Impunity is a problem. No Kyrgyz have been prosecuted in Jalal-Abad.”
Discrimination has eroded trust in the authorities among minorities. Ibragim Shatmanaliev, Head of the Public Safety Department of the Regional Department of Internal Affairs, acknowledges this: “Building trust in the authorities is one of our priorities. The last two uprisings had a terrible effect.”
Trusted by minorities, respected by the authorities
Spravedlivost won the Max van der Stoel Award for its considerable contribution to the protection of ethnic Uzbek and other communities and to reconciliation between communities in Kyrgyzstan.
In particular, by providing free legal aid to the most vulnerable people in society, regardless of ethnicity, it helps protect minorities from abuse. Guljan Kudratova says: “When you find yourself in such a situation [of discrimination], you can’t think. You are completely in the dark and have no idea what to do. Spravedlivost gives you a map to find your way.”
Spravedlivost is trusted by ethnic minorities and commands respect among the authorities. It works with the authorities to improve legislation. “I try to improve legislation through the National Protection Mechanism,” says Utkir Dhzabbarov, Spravedlivost’s Senior Lawyer. “This is our access to parliament and our recommendations are welcomed.”
Akram Tashtemirov, Judge at Jalal-Abad Regional Court, explains: “Spravedlivost’s lawyers do excellent work to promote human rights and provide legal aid to vulnerable people. Because they provide legal aid to everyone, not to one minority, and because they have a multi-ethnic staff, they underpin the principle of equality and lead by example.”
Jeroviev Nurbek, Vice-Governor of Jalal-Abad Region, adds: “Spravedlivost has good relations with the police, the prosecutor and the Ombudsman. It monitors detention facilities and reports abuse to the prosecutor. It is helping to build permanent detention facilities, which we need.”
Monitoring detention facilities
Spravedlivost has established a network of human rights NGOs that work together to combat discrimination. Together with this network, it has signed a Memorandum of Understanding with the police to monitor conditions in temporary detention facilities, where some of the worst human rights abuses occur. Since there are no permanent detention facilities in Jalal-Abad Region, suspects are held in temporary detention facilities for months or even years. Such facilities are only intended for a maximum stay of 48 hours, and they lack medical and other facilities.
“Most complaints we hear when monitoring temporary detention facilities refer to torture, mistreatment, procedural abuses, health issues and the bad conditions,” explains Zhaparova.
Spravedlivost is also trying to improve detention conditions. Together with its network of NGOs, it provides medical services, records evidence of abuse and encourages victims to file complaints. It is also working with the authorities and the Red Cross to build permanent detention facilities, which are expected to open by the end of the year.
Raising awareness of human rights issues
Spravedlivost also raises awareness of human rights issues both among advocates and the general public.
Karimberdi Oljabaev, Deputy Head of the Jalal-Abad Regional Prosecutor’s Office Supervisory Department for the Observance of Law by Bodies Conducting Operational Investigations, says: “Spravedlivost do good work to strengthen civil society and raise awareness. They organize conferences for lawyers on human rights issues, including torture, and produce pamphlets informing citizens of their rights and how to report abuse. They have established a confidential phone line that people can call for help.”
Both Oljabaev and Shatmanaliev point out that public awareness is a powerful weapon against torture.
Spravedlivost raises public awareness through TV clips and informative brochures. It uses its network of human rights NGOs to reach remote communities to provide information and hear complaints.
Harassment of lawyers
Not everyone agrees with the work Spravedlivost is doing. Its lawyers and other staff have been exposed to scrutiny and harassment from mobs intending to disrupt and influence court hearings as well as the Kyrgyzstan National Security Committee. The international community has repeatedly called for lawyers to be protected so that they can do their work free from harassment.
Dhzabbarov says: “This is a high-risk job. Our security is constantly being threatened, especially those lawyers who are also from an ethnic minority.”
Gritsenko explains, “It was terrible when our lawyers were being intimidated in 2010. Our office and our lawyers were targeted. Mobs threatened to kill us and to burn down our office. Our head of legal reception was attacked outside the office.”
The jury of the Max van der Stoel Award underlined the courage Spravedlivost has shown by continuing to defend minorities and speak out against torture and abuse in such a tense environment.
‘All we have are NGOs and the law’
Since their access to the media and decision-making are limited, minorities lack the influence they need to make their views heard. When they suffer discrimination, they have few ways to defend themselves. One of the most important ways in which Spravedlivost supports minorities is by providing access to justice.
Alisher Akmedov, former deputy mayor of Jalal-Abad, says: “People still come to me for help, but I am powerless. I send them to Spravedlivost. There is no one else providing this service.”
“I don’t feel that I got justice,” says Kudratova. “The only way I can protect myself is through the law. This is my only hope.”
Islamov adds: “There are political meetings all the time, but nothing ever changes. The only way we can change this situation is to support organizations like Spravedlivost.”
Dhzabbarov says: “Uzbeks have no access to politics or the media. We just have to keep speaking out. All we have are NGOs and the law.”
Risk of unaddressed impunity
Although the risk of violent inter-ethnic tension has subsided, ongoing discrimination and the lack of justice following the 2010 events is storing up problems for the future.
“We need to work every day on strengthening the rule of law,” says Oljabaev “To improve trust in the authorities, we need to ensure decisions are just.”
Gritsenko says, “Impunity is a problem and 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.”