THE KULOV TRIAL
AND THE RAMIFICATIONS FOR DEMOCRACY IN KYRGYZSTAN:
Question and Answer with Scott Horton, President of the International
League for Human Rights
7/24/00
The International League for Human Rights recently released
a report detailing government rights abuses in connection
with the trial of Feliks Kulov, Kyrgyzstan’s leading political
opposition figure and a former vice president and minister
of state security in Kyrgyzstan. According to OSCE observer
reports, opposition leaders, including Kulov and Danyar Usenov,
were deprived of legitimate victory in Kyrgyzstan’s February
parliamentary elections, due to government manipulation. Shortly
after announcing that he would be a candidate in the October
presidential election, Kulov was detained on March 22. He
has been in custody since that time, and is currently being
tried in a military court on charges related to abuse of power
and forgery. The ILHR report criticized the government’s handling
of the case, saying that the charges against Kulov "do
not in any event appear to form a plausible basis for criminal
law claims." The report also asserts that Kulov was detained
improperly under Kyrgyz law and was denied proper access to
legal representation. "The timing facts and circumstances
of the investigation and prosecution … strongly suggests that
the case was launched for political reasons," the ILHR
report states. "These legal actions have been carefully
coordinated for the purposes of discouraging the participation
of viable opposition-oriented candidates in the electoral
process." EurasiaNet interviewed ILHR President Scott
Horton to examine the potential outcomes of the Kulov trial,
as well as its impact on the democratic development of Kyrgyzstan.
The text of the interview follows:
EurasiaNet: What does the Kulov case say about the
state of democracy in Kyrgyzstan?
Horton: Kyrgyzstan has been up to this point the country
where prospects for democracy were brightest … The Kulov case
suggests that we really have to reassess the situation, and
particularly pare back optimism about the prospects for democracy
in this country. In particular what Kulov shows us is that
this [Akayev-led] government will take extraordinary steps
to strike against its opposition – to disqualify and remove
its opposition. The tactics used in the Kulov case, and those
that were used in other cases, including that of Danyar Usenov,
are essentially identical to what has transpired in Kazakhstan
during the last two to three years. So I think we are seeing
a conscious application of a Kazakh strategy and policy in
Kyrgyzstan.
EurasiaNet: What prompted the move against Kulov and
others?
Horton: To me, it is very puzzling. … The government,
and in particular president [Askar] Akayev, is relatively
popular domestically. Most independent polling suggested that
the president enjoyed strong support throughout the country
and it thus seems reasonable to infer that candidates supporting
the president would have done well in the [February parliamentary]
elections. But authorities seem to have been afraid to take
a risk. They decided to do a number of things – they simply
dictated to local election officials what the results of the
parliamentary elections would be. … Pro-government candidates
were certified as the winners in areas where they did not
win, where opposition candidates captured the most votes.
… In addition, a decision was taken to strike out against
the most prominent opposition figures, and that was principally
designed to tarnish their reputation so that they would no
longer be effective politicians on the national stage. Again,
if we look at the case of Kazakhstan, there we saw the same
sorts of steps being taken against the head of the National
Republican Party, Akezhan Kazhegeldin, and several other major
opposition figures. So there are close parallels of strategy
in Kazakhstan and Kyrgyzstan.
EurasiaNet: Do you have any information that Kazakhstan
exerted pressure on Kyrgyzstan?
Horton: A number of people that I spoke with in the
Kyrgyz government told me that they had been under instructions
to do things, as they put it, "po Kazakhskii" –
that is to follow Kazakh policies and strategies. Now is that
because authorities in the Kyrgyz White House considered the
Kazakh model to be a successful model, or is there some other
reason, I do not know.
EurasiaNet: What are the options for Kulov?
Horton: Interestingly, an official in the presidential
administration said recently that once the trial is finished,
Kulov might be permitted to stand in the forthcoming presidential
election. That statement struck me as quite bizarre considering
all the things that are going on. … There is no doubt about
the outcome of the trial. There is no pretense of impartiality
being made by the court there. There is a question, however,
as to what will be the sentence handed down, and how severe
it will be. We have heard quite a range. But people in the
government that we have spoken to expect a five-year sentence
to be imposed. Then, our expectation is that there will be
some sort of amnesty. The goal is to tarnish Kulov, damage
his reputation, but if he is kept in prison for five years
he could become more and more of a martyr, presenting the
government with even a greater threat over time.
EurasiaNet: What are the chances for a fair presidential
election in Kyrgyzstan?
Horton: There is no particular reason to closely monitor
these elections. The major opposition candidates have been
effectively been eliminated. There will still be opposition
candidates, but it is hard to consider them as serious candidates,
or view the election as a seriously contested election.
EurasiaNet: Can Western nations do anything to help
get Kyrgyzstan back on a more democratic path?
Horton: I am rather encouraged by a number of statements
that have already come out from Western nations about the
Kulov trial. I am quite impressed with the way US Secretary
of State Madeleine Albright handled herself on her recent
trip to Central Asia, and the way in which she presented her
position. The tougher issue is going to be -- how will this
impact the provision of technical assistance to Kyrgyzstan?
Will Western nations begin to put the brakes on assistance
programs? My expectation is that there will be a reduction
in the level of assistance to Kyrgyzstan. In part that is
viewed as something already on the horizon because the major
push in support of reform programs is over. The focus will
probably shift to the OSCE. The OSCE will be expected to operate
more critically and more effectively as an observer, and as
a mechanism to support the development of civil society.
EurasiaNet: Will Western nations nevertheless retain
interest in the region because of a variety of security issues,
including Islamic radicalism and narcotics trafficking?
Horton: Again, if we look back to the Albright visit,
we can probably see what kind of posture will be taken. To
a certain extent, security concerns will be dealt with on
a separate level from these other issues. There is a perception
that the security threat that the region feels -- from Afghanistan
in particular, from narcotics trafficking and from terrorism
– is a legitimate threat, a legitimate concern, and there
is going to be support given to all the governments of the
region to address these threats. A key concern, of course,
will be to make sure that that support is not channeled into
repression of legitimate domestic political opposition.
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Posted July 24, 2000 © Eurasianet
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