From: Justin Burke (JBurke@sorosny.org)
Date: Tue May 21 2002 - 08:11:23 EDT
Kyrgyz state commission reports on investigation into Aksy events
The state commission for investigating the reasons for the tragic events of
17 March 2002 in the southern Aksy District of Kyrgyzstan has completed the
first stage of its work and submitted its report to President Askar Akayev,
Kabar news agency reported on 20 May. According to the report, "the
law-enforcement agencies displayed political short-sightedness and an
inability to forecast the further development of the socio-political
situation" in Aksy, while the "tendentious coverage of the arrest of Deputy
Beknazarov, by the State Television and Radio Corporation of Kyrgyzstan,
aggravated the socio-political situation". The commission recommended that
the activities of the "law-enforcement agencies of Dzhalal-Abad Region and
Aksy District, which allowed the development of the tragic events", be
reassessed". The text of the report follows.
The state commission for investigating the reasons for and circumstances
leading up to the tragic developments of 17 March 2002, which claimed lives
in the Aksy District of the [southern] Dzhalal-Abad Region, headed by the
first deputy prime minister of the Republic of Kyrgyzstan, Nikolay Tanayev,
has completed the first stage of its work.
The results of the state commission's work were reported on 17 May 2002, and
the document was submitted to Kyrgyz President Askar Akayev. The state
commission has studied the reasons for and the circumstances leading up to
the tragic developments, which claimed human lives. The materials of the
District and Regional prosecutor's offices were studied, along with those
of the law-enforcement agencies on the proceedings instituted against a
deputy of the Kyrgyz parliament, Azimbek Beknazarov, and other individuals.
The socio-economic situation in Aksy District, the explanatory work among
the population of the Dzhalal-Abad Regional and Aksy District state
administrations have been analysed, along with that work of the local
bodies of self-government bodies and other government structures. Members
of the state commission held meetings and talks with the heads of local
government bodies, members of the law-enforcement agencies and public
organizations, residents of settlements in Aksy District. They also visited
the families of those who perished and were injured, who are now in the
District hospital. They also studied and analysed the media materials
covering the events.
The state commission has come to the following conclusion:
1. One of the major reasons for the tragic events on 17 and 18 March 2002 in
Aksy District of Dzhalal-Abad Region was the arrest of a deputy of the
Legislative Assembly [lower house] of parliament, Azimbek Beknazarov, and
that the Office of the Prosecutor-General of Kyrgyzstan and the
Dzhalal-Abad Regional Prosecutor's Office ignored numerous petitions and
appeals presented by parliamentarians and representatives of the public to
change the measure of restraint against Beknazarov.
2. The heads of the state power bodies and the law-enforcement agencies of
all levels have displayed political short-sightedness and an inability to
forecast the [further] development of the socio-political situation in the
country and in Aksy District, in particular. For two and a half months,
starting from early January 2002, the heads of the aforementioned
structures took a passive attitude and failed to efficiently work out and
take weighed and well-thought-out measures to stabilize the situation.
3. The tendentious coverage of the developments, connected with the arrest
of Deputy Beknazarov, by the State Television and Radio Corporation of
Kyrgyzstan, aggravated the socio-political situation in Aksy District.
4. The failure of the Aksy District state administration to allow Deputy
Beknazarov's supporters to hold pickets and rallies in individual cases did
not promote the normalization of the situation.
5. The use of administrative measures and force by the law-enforcement
agencies to stabilize the situation was erroneous, while the use firearms
was illegal.
The careless and inadequate assessment of the developments and facts by the
agencies of the prosecutor's offices, the hasty institution of criminal
proceedings and the use of administrative and repressive measures caused a
negative reaction and indignation among people.
6. It was not the socio-economic situation in Aksy District of Dzhalal-Abad
Region which caused the tragic events.
The state commission has made the following proposals:
1. Kyrgyz President Akayev should be recommended to consider the personal
responsibility of the separate heads of the central bodies of state power:
- The presidential administration of the Kyrgyz Republic;
- The government of the Republic of Kyrgyzstan;
- The Office of the Prosecutor-General of the Republic of Kyrgyzstan;
- The National Security Service of the Republic of Kyrgyzstan;
- The Supreme Court of the Republic of Kyrgyzstan.
2. The state commission thinks it is necessary to return to an assessment of
the activities of the heads of the bodies of state power and the
law-enforcement agencies of Dzhalal-Abad Region and Aksy District, who
allowed the development of the tragic events, and to make a fundamental
assessment of them, not restricting it to dismissal at their own request.
3. The Office of the Prosecutor-General of Kyrgyzstan is to immediately set
up an inquiry team to investigate the facts of violation of Kyrgyz laws by
the former prosecutor of Dzhalal-Abad Region, Zootbek Kudaybergenov, based
on the appeals of the citizens.
4. The Office of the Prosecutor-General of Kyrgyzstan is to immediately
conduct an official inquiry into the facts of the breach of the law of
Kyrgyzstan by the following persons: the former prosecutor of Aksy
District, Abdykalyk Kaldarov; the prosecutor of Toktogul District of
Dzhalal-Abad Region, R. Satarov; the head of department of the Dzhalal-Abad
Regional Prosecutor's office, S. Mamyrov; the deputy prosecutor of the town
of Dzhalal-Abad, E. Dzhunusov; the prosecutor of the town of Dzhalal-Abad,
R. Usukeyev; the investigator of the Office of the Prosecutor-General, E.
Torokulov, described in this report. On the basis of the official inquiry,
the collegium of the Office of the Prosecutor-General is to see whether
they are competent in their job.
5. The Office of the Prosecutor-General of Kyrgyzstan is to step up
monitoring of the criminal investigation of the use of arms on 17 March
2002 and the deaths of people in Aksy District, and take measures to
determine those guilty as soon as possible and to make them liable strictly
in accordance with the law.
6. A council of public observers is to be set up to supervise the work of
the State Television and Radio Corporation of Kyrgyzstan in drawing up a
concept for reforming it within a period of three months.
7. The Legislative Assembly [lower chamber] of the Kyrgyz parliament is
recommended to adopt laws of Kyrgyzstan "On the procedure for holding
rallies, marches and demonstrations" and "On an ombudsman" by 1 July of the
current year.
8. The Supreme Court of Kyrgyzstan is recommended to arrange the swiftest
possible examination of the criminal case against Beknazarov.
9. The state commission thinks that numerous violations of material laws and
laws of procedure by the law-enforcement and court agencies, and the lack
of a mechanism for responding quickly to and correcting mistakes require a
the rapid reform of the court and legal systems.
On the basis of the lessons learnt from the tragic events in Aksy, the
state commission thinks it necessary to call on all political forces and
the public to assume responsibility for the statements and actions they
make, which might aggravate the socio-political situation in the country.
A recommendation to the president of the Republic of Kyrgyzstan, Askar
Akayev, made by some commission members from Aksy District and based on the
requests and wishes of the residents of the District, is attached to the
report.
A news conference is to be held at Government House on 20 May 2002 on the
results of the work of the state commission for studying the reasons for
and circumstances which led to the tragic events in Aksy District. First
Deputy Prime Minister Tanayev and commission members will take part in the
news conference.
The press-service of the government of the Republic of Kyrgyzstan, 17 May
2002.
Source: Kabar news agency, Bishkek, in Russian 0000 gmt 20 May 02
BBC Mon CAU 200502gar/mv
|
