Dear All,
Please find some updates on the pre-elections.

1) Suddenly it was set hearings of the case on an opposition candidate
Ishenbai Kadyrbekov standing for from At-Bashy constituency of Naryn
province for today, February 16, 2000 . It was presided by a judge
Kyrgyzbaev, deputy chairman of the Pervomaiski district court. Though
Kadyrbekokv was saying that he is lack of his lawyer who was in other
processes, they imposed their own lawyer who was not familiar with the case
of Kadyrbekov and began the trial. Kadyrbekov is charged with the
complaint of another pro-governmental parliamentarian - T.Shailieva who
is serving this way to the President's Administration in exchange of
closing the criminal case of hers.

According to Kadyrbekov's words, they have several medication examination
that were forcibly imposed to the case. Kadyrbekov, not withstanding the
arbitrariness felt sharply bad and they had to call for emergency ambulance
which urgently delivered him to the hospital.

2) Today, the Supreme Court presided by its chairman A.Tilebaliev with the
participation of the prosecutor Buzurmankulov considered the appeal of the
party DDK ( Democratic Movement of Kyrgyzstan) and upheld the prior
decision taken by the Pervomaiski district court on not recognizing of
the third Assembly of this party . Thus, it put the final point to the
story of participation of opposition parties on the party list in these
parliamentary elections, i.e. on their non-participation. Mass media was
not allowed to the hearings.


3) Please find attached the statement of F.Kulov, an opposition candidate to
parliament and an extract from his interview to "Delo No" weekly in
continuation of our e-mail of yesterday. (both in a one file)


To: General Prosecution Office
Kyrgyz Republic
Cc: Investigation Department of the National Security Ministry
of the Kyrgyz Republic
From: Felix Sharshenbaevich Kulov.
Statement

On January 20, 2000 chief investigator on the most serious cases of the Investigation Department of the National Security Ministry of the Kyrgyz Republic opened a criminal case against of the officials of the administration of Chui province and of Chui joint -stock corporation "Ala-Archa" by the signs of the article 88-1 of the Criminal Code of KR (embezzlement in large quantity by defalcation). I was informed with the decree on instigating of the criminal case on February 9, 2000.
Although my name is not directly mentioned in this decree, there are reasons to believe that this case is directed first of all against of me personally, because the decree states of seeing in the actions of the management of Chui province administration ( or, i.e.when I was the governor of Chui province)the defalcation of budgetary funds in large scales
I believe that this criminal case was opened unreasonably and unlawfully due to the following:
1.Public official of any rank can not be a subject of embezzlement by defalcation. In order to accuse the officials of the Chui province state administration and me personally of this crime, the investigators have evidences (documented proves) of the fact that spirits or profits from its selling were in direct responsibility or possession of mine either of other officials of the Chui province administration. Without any investigations it is easily seen or obvious that neither I nor other officials of the administration did not hold the mentioned means, and surely were not materially responsible according to their functional duties.
That’s why all the investigator’s attempts voluntarily to broaden the subjects with including the officials, who were not granted that property and have not possessed it, are baseless and unlawful.
2. There are elementary principles in the criminal law. One of them is the following: one can not classify the action as embezzlement, if there is no direct intention for its fulfilling, and here one of the certain conditions is a presence of sordid purpose.
It is quite obvious that in my actions as well as actions of other officials of the Chui administration were no and could not be any intentions for embezzlement or any sordid purpose. It was shown by the first investigation already on this fact which was carried out 5 years ago. Even this new decree on opening the criminal case does not mention on sordid action or intention in my actions and actions of other officials.
3. One of the most important criteria of the embezzlement by defalcation is taking out of a property free of charge, which means conversion of it to one’ or others’ own property without equal compensation.
As it is known funding from the alcohol selling were directed to the activities in a framework of holding a celebration of 1000-annyversary of "Manas" . Before, 5 years ago carried out investigations of "Chimsintez", where I was as a witness, established that there was no turning of state funds to my own property in my actions, thus it is the proof of absence of one more crime criteria.
4. Another criteria of embezzlement is bringing a real material damage to a state. That’s why one can not classify an activity as embezzlement, if there is a consequence of bringing damage to a state’s property in the form of lost profits.
As it is known, the absence of at least one out of four necessary criteria of corpus delicti means the absence of the corpus delicti itself. Opening of the criminal case in such circumstances reminds an attempt of driving a car lacking one wheel.
I am convinced that Investigation Department of the National Security Ministry of KR with highly qualified specialists was aware of evidences that I have pointed out.
It brings to an evident conclusion that unlawfully instigated criminal case against of me is of bright political color.
The owerss who cancelled with "the independent judiciary system" the registration of the list of candidates to the Legislative Assembly of Jogorku Kenesh ( Kyrgyz Parliament) of the KR, which was drawn by political union of such political parties as "Democratic movement of Kyrgyzstan" and "Ar-Namys", where I was standing under first number, have decided to go further. Now, by the National Security Ministry hands, under the pretext of alleged accusations they want to exclude me from the pre-election process and from a single -mandatory Kara-Buurin constituency, and it does not work now then they will do their attempts after the elections.
Unfortunately I have to state that just like in sad well-known years the law-enforcement structures are used in fighting not suitable "elements" to suppress dissidents and democratic bases of a state, involving them into "dirty political games".
I, as personnel officer, who dedicated most of my life to services in these very structures, would not like going back to the year of 1937 at the beginning of the new millenium.
To conlude, I want to point out some essential points.
My order on transfer of the spirits for further processing was authorized by the adequate deputy governor and heads of the regional offices / departments, in particular by the head of the financial department, head of the tax inspection, head of the treasury of Chui province, and head of UVD of Chui province. As it’s known, these heads are assigned and dismissed directly by their supervisory bodies and therefore in terms of their job positions they are not depending on the governor. Thus, by signing each of them the draft of the order, they were fulfilling their functions ruled with their own convictions and the related instructions of their departments as well as with the Laws regulating the sphere of their professional activities. Auditors and other controlling bodies when they audited they did not have any questions 5 years ago concerning the eligibility of these orders. But, at present with threatening and applying of other methods , the above mentioned heads are "gouged out" evidences against of me as if I allegedly forced, made them to sign my orders.
Wherefore is all this? Very simple. If the order of the governor on transfer of some means is signed by the heads of the national tax inspection, treasury, financial department, then that means that is the guarantee for the leader of lack of any offences and financial means transferred in accordance with the adopted decision can not be regarded as budgetary funds because of the agreement of the indicated officials who are directly responsible to secure the Budget. And therefore, it is our of question that there were no any embezzlements but even untargeted use of budgetary funds. And if all the signatories state that they were pressurized by the governor, then the latter would become the main guilty. And yet it is quite evident that none of them or i.e.head of the national tax inspection, head of the financial department, and head of the treasury can not bear criminal responsibility, since in their actions were no any embezzlements, defalcation or abuse of their positions. At least, one cane say only of not performing of their official functions according to their departmental regulations.
For fully understanding of the absurdness ( of course, in case of not taking the political motives) of the attempts to promote the case on embezzlement, it is quite suitable to demonstrate it on the following example: let us say that our President signed some Decree. After his retirement, " it is turned out" that the Decree violated the Law, and all those who signed (i.e. gave an approval prior) the Decree of the President - lawyers, heads of departments, ministers vice premiers, etc.
" suddenly confessed" that the President himself was "forcing" them to visaing of the illegal Decree. Hopefully, any sober minded person would easily realize what is the matter and who is behind of it. The public would undoubtedly accuse political schemers , and the good name of ex-president would be rehabilitated.
Of course, it is not so correct to make such a comparison, but for understanding of the essence of the developments about me I have to show it on the example of a person holding a high-rank position.
Herewith I have also to point out, that I dispose of information on attempts of framing of other criminal cases against of me and for that they already began "beating out" of evidences from different people, including those who are in detainment facilities, so that they " admitted" as I was organizing their crimes.
It has to be emphasized the following too, if they want to incriminate a certain person embezzlement of budgetary funds they have also to keep in mind that there are tens and hundreds of facts of how various heads really used budgetary funds for untargeted purposes. Nevertheless, none of them were accused of embezzling of budgetary funds with defalcations. Besides, it is well-known that practically for the last 7 – 8 years , the law-enforcement bodies at the head of the Prosecution General practice of the transfer of 30 % of the withdrawn funds to their special accounts beating the budget and use them at their own consideration. However, here unlike in my case , it have not occurred to anyone yet to accuse, for instance, the interior minister or head of the customs of embezzling of budgetary funds with an abuse of their positions, or defalcation or conversion.
I would also like to stress that during the period of preparations to celebrating of 1000 year anniversary of "Manas" epos , the demand was coming from the top governmental level to hold the holidays worthy. Fo that, the authorities gave lots of instructions, the expediency of which now nobody subject to doubts, for instance Chui province was obliged to transfer three million soms for building of a complex "Manas ayly" in Bishkek city, though in the approved budget for the year of 1995 line items for these purposes were not planned. Later, there were many inspections and audits on the reasonability of the use of funds for celebrations of the 1000-anniversary, and no any financial violations in Chui province were found. It is also worth pointing out, that on "Khimsintez" association was already an investigation fgive years ago, which was lasting for a year and only after the appeal to the Constitutional Court and its verdict in my favor the criminal case was stopped.
Article 156 of the Criminal Procedural Code of the Kyrgyz Republic states directly that a criminal case is opened in case of having corpus delicti signs. Aboe are the arguments on lack of in my actions any signs of corpuc delicti.
All these are re-confirming my arguments that the case instigated against of me based on mere political motives rather than legal.
Lately political events and facts of persecution by powers of my people, relatives, friends and members of "Ar Namys" party are also proving on that.
Powers’ actions violate not only the laws, but the Constitution . Clause 3 of the Article 15 of Kyrgyz Constitution state directly: " Evrybody in Kyrgyz Republic are equal before the law and court. Nobody can be subjected to any sort of discrimination, restriction of rights and freedoms on the motives of …. political convictions or some other conditions and circumstances of personal and public nature."
In view of the above mentioned, ruled with the Constitution and Criminal legislation, I ask to give not only an objective assessment of the illegally opened criminal case against of me, but also to close the criminal case No. 082 – 2000-07 for the lack of corpus delicti based on part 1, clause 2 article 28, of the Criminal Procedural Code of Kyrgyz republic.
The current statement is sent to all mass media, related international organizations and to the President of Kyrgyz Republic as the guarantor of the rule of the Constitution.
F. Kulov
February 14, 2000. Bishkek
An extract from the interview of F.Kulov in today’s "Delo No." issue:
Question: Here, we have a document received, according to which it is recommended to discredit Kulov and his party "Ar-Namys"… Do you want to read?
- Well, there is nothing to be surprised at?! - says Kulov, looking through the document. - Everything is done in accordance with this scheme, developed in the well-known agency. Publications in "Utro Bishkeka" paper were signed by its chief editor - Melis Aidarkulov, though he himself as far as I know did not write these articles. I am not accusing him of anything. He had to sign this pamphlet, and as I was told by our common fellows, he explained it as "he is on their air, hang on a big crotchet because of the illegally arranged apartment"…
Surroundings of the president are doing their utmost to slander me. I am followed (traced ) by four cars, every my step is being fixed, phone conversations are tapped…. Without any explanations fired my brother.
Question: You have been already indirectly, and in some instances directly accused of "order to kill Kolbaev"…
- Moreover, I am aware that Beishembiev sentenced on this case to the capital punishment is demanded to give evidences on me as an organizer of the crime. Instead they promise mercy. Such a dirty, juggling with the facts , such bold pressing I think few of the people ever experienced . As was secretely informed by the high – rank official – that is only the beginning.