Justice - The Times Of Central Asia

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Czech Authorities Suspend Investigation of 2014 Explosions; One Suspect Allegedly Posed as a Tajik Citizen

The Czech Republic has suspended an investigation of ammunition depot explosions in 2014 that it blames on Russian military intelligence, including an agent who allegedly used a Tajik passport during the operation. Two Czech citizens died in the first of two explosions at warehouses in the village of Vrbětice, an alleged act of sabotage that led to years of unexploded ordnance cleanup, an international investigation and Russian denials of involvement, and a tit-for-tat expulsion of Russian and Czech diplomats from each other’s countries. Tajikistan was pulled into the case in 2021 when Czech investigators said they were looking for two suspects who used Russian passports, and then used different identities under Tajik and Moldovan passports. At the time, Tajikistan’s Ministry of Internal Affairs said it had not issued a passport to a person matching the reported name and birthday of the suspect. Reports said the suspects had posed as potential arms buyers from the National Guard of Tajikistan, though an analysis by a group of media organizations said it was unclear whether that particular ruse enabled them to get onto the ammunition storage sites. Czech law enforcement halted the probe into the Vrbětice blasts because the suspects are in Russia, which is not cooperating, said Col. Jiří Mazánek, head of the organized crime division of the police. He said in a statement on Monday that all other avenues of investigation in the Czech Republic, and in countries that have cooperated with requests for help, “have been exhausted.” Therefore, Mazánek said, additional information that would allow a criminal prosecution to move forward can’t be obtained for now. Evidence indicates that the explosions were “part of a long-term diversionary operation by Russian military intelligence on the territory of the European Union and Ukraine,” the police official said, blaming members of the Russian agency GRU whose alleged aim was to prevent the delivery of weapons and ammunition to areas where the Russian Army was operating. In 2014, Russia annexed Crimea and fighting erupted in eastern Ukraine between Ukrainian forces and Russia-backed separatists, in a prelude to Russia’s invasion in 2022 and the ongoing war today. Russia denied it was responsible for the Vrbětice explosions and noted media reports that the ammunition depots were controlled not by the Czech government, but by a private company owned by a Bulgarian citizen.

Kazakhstan

Kazakhstan Charges Former Minister Yerlan Turgumbayev With Abuse of Power

Kazakhstan's General Prosecutor's Office has confirmed its detention of a former high-ranking police officer. Yerlan Turgumbayev, the country's former minister of internal affairs, has been charged with abuse of power, resulting in grave consequences, during the public unrest and political upheaval in January 2022. "The Prosecutor General's Office continues to investigate criminal cases related to the January 2022 events. On April 29, ex-Minister of Internal Affairs Yerlan Turgumbayev was detained for abuse of power and official authority that caused grave consequences," the prosecutor's office said in an official statement. The office mentioned that the criminal case contains information that includes classified state secrets; therefore, the data, findings and statements included in the pre-trial investigation are not subject to disclosure. As has already been widely reported, in early 2022 in Kazakhstan thousands of protests were organized across the country, which, when brutally suppressed by government forces, went down in history as Qandy Qantar -- "Bloody January." What began as peaceful anti-government demonstrations turned into uncontrolled riots with numerous casualties among the civilian population. Rapid response forces from the Collective Security Treaty Organization (CSTO), which includes Armenia, Russia, Kyrgyzstan, Belarus and Kazakhstan, were deployed. After the violent suppression of the protests, a number of high-ranking officials were arrested and accused of attempting a coup d'état. In March 2024, the General Prosecutor's Office reported that Turgumbayev was being questioned as part of ongoing investigations against security officials for failing to ensure law and order and public security during the January events, as well as for torturing citizens. Turgumbayev became head of the Interior Ministry in 2019. Before that he headed the police department of Kazakhstan's largest city, Almaty. In February 2022 he was dismissed from his post and appointed as an adviser to Kazakhstan's president, Kassym-Jomart Tokayev.

Kyrgyz Authorities Promise Not to Persecute Human Rights Advocates Using Foreign Agent Law

Deputy Chairman of the Cabinet of Ministers of the Kyrgyz Republic, Edil Baisalov met with representatives of domestic non-governmental organizations (NGOs), where he assured participants that the new Foreign Agent's Law is not aimed at restricting the work of NGOs. All rights and freedoms have been preserved, and human rights defenders can participate in the political life of the country, Baisalov stated. "The only thing required is to be on the register. This requirement is common around the world. There will be no persecution; no restrictions on activities. We are interested in the activities of [NGOs] for the benefit of our country," Baisalov said. Earlier, the Times of Central Asia reported on human rights activists concerns regarding reputational risks, possible interference by government agencies in the work of NGOs, and the risk of mandatory financial audits. There were also questions about the implementation of new legislative guidelines, most of which, according to opponents of the law, are not viable. The Kyrgyz Ministry of Justice responded to an inquiry from the Times of Central Asia, with officials saying that bylaws and rule-making for the new law are in the works. However, more detailed information will be provided later, when the updates and amendments are submitted for public discussion. In early April, Kyrgyz President Sadyr Japarov signed the law "On Foreign Representatives," which sparked a wave of criticism from foreign organizations, foreign governments, and NGOs working in Kyrgyzstan.

Turkmenistan’s Policy of Suppressing Public Criticism, Dissent Continues, Says Amnesty

Amnesty International has published its annual report entitled, The State of the World’s Human Rights: April 2024. The document includes articles on 155 countries with AI-tracked human rights records through 2023, with the section on Turkmenistan stating that the government there has continued its policy of suppressing any form of public criticism and dissent both within and outside of the country. Under the pretext of preserving national traditions, discrimination continued against girls, women and LGBT+ representatives, whose rights were arbitrarily infringed upon. In June, the United Nations (UN) Committee for the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) expressed particular concern that patriarchal attitudes to gender-based violence persist. The Committee raised concerns that women and girls are being forced to conform to gender stereotypes under the pretense of preserving national culture, and that their basic freedoms are being curtailed, including through the imposition of dress and appearance codes and other discriminatory practices. Internet access is still very limited and heavily controlled by the government. Any coverage of negative events - including economic hardship, shortages of basic foodstuffs, the effects of climate change, and forced labor - is censored. In April, a study of global internet censorship by two U.S. universities found that more than 122,000 domains are blocked in Turkmenistan, as well as dozens of news sites and social networks. The government-managed internet connection has become the slowest and most expensive in the world. Authorities have tightly controlled the right to freedom of peaceful assembly and have attempted to suppress small-scale spontaneous protests over social and economic issues such as food shortages, access to justice, and healthcare. In March, police arrested about 30 women who gathered in front of the presidential palace in Ashgabat to air their grievances directly to President Serdar Berdymukhamedov. In April, police arrested 15 people following a spontaneous protest by hundreds of citizens against a bread shortage at local bakeries in the city of Mary. Furthermore, thousands of employees of state organizations are still forced to go out to pick cotton, or have to pay others to go in their place.

Kuandyk Bishimbayev Pleads Guilty to Negligent Homicide

The judicial inquiry into the case of Kuandyk Bishimbayev concluded on April 24 in Astana. Aitbek Amangeldy, the brother of Saltanat Nukenova, announced that further court dates are scheduled for April 29, 30, and May 2-4. Bishimbayev, who formerly served as Kazakhstan's National Economy Minister, faces allegations of murdering his partner Saltanat Nukenova in November 2023, at the Bau restaurant in Astana. He was detained on the day of the incident. The trial commenced towards the end of March. Bishimbayev could receive a sentence ranging from 15 to 20 years to life imprisonment, depending on the severity of the crime as determined by the court. A jury will be instructed to reach a verdict regarding his culpability. At the end of the session, Judge Aizhan Kulbaeva sought to clarify whether Bishimbayev has changed his position via-a-vis the charges - "In the main trial, when the prosecutor read out the indictment, brought charges and clarified your position on those charges, at that time your position was that you do not fully admit guilt on two episodes of the charges brought against you… Does your position remain the same?" the judge inquired. "I do not plead guilty to the charge of torture. In the part of the charge of premeditated murder with particular cruelty, I admit that I inflicted beatings that led to the death of Nukenova. But I do not admit that I did it deliberately, that I wanted her dead and acted with particular cruelty," replied Bishimbayev. "Do you plead guilty to having inflicted grievous bodily harm, which caused Nukenova's death through negligence?" the judge sought to clarify. "Yes," the ex-minister replied. Photo screenshot from the broadcast of the trial; text reads "she is covered in blood and bruises." Meanwhile, the second defendant, Bykhytzhan Bayzhanov, stated before the court that he pleads not guilty to charges of under-reporting and concealment.

Growth of Non-Custodial Sentences in the Kyrgyz Republic Since 2020

The Kyrgyz Republic has reported a decrease of its prison population, which speaks to the ongoing humanization of its criminal justice system. In 2023, the prison population amounted to just 7,728 persons, a 20% decrease compared to 2020 (9,658 prisoners). Despite a 22% increase in the number of convictions, from 5,074 in 2020 to 6,202 in 2023, the number of non-custodial sentences has risen by 55 %. This information was relayed at a roundtable discussion organized by the Ministry of Justice and the UNODC Programme Office in the Kyrgyz Republic on 17 April 2024. Within the framework of the EU-co-funded project, JUST4ALL, which focuses on the establishment of a probation and criminal justice information management systems, the UNODC conducted an analytical review on the judicial practice of custodial and non-custodial sentences between 2020 and 2023. This research was aimed at analyzing court decisions on alternatives to incarceration, and collecting data to inform evidence-based technical assistance within the aforementioned project. An intra-agency working group was tasked with conducting an analytical review by representatives from the Supreme Court, the General Prosecutor's Office, the Prison Service, and the Probation Department. Zarylbek uulu Almazbek, Deputy Minister of Justice of the Republic emphasized that this analysis would help identify positive aspects and shortcomings in the current system. "This work is necessary and relevant, and we are convinced that it will contribute, among other things, to the harmonization of regulatory legal acts, as well as improved cooperation and interaction with government agencies," Almazbek stated. Cosimo Lamberti-Fossati, Project Manager for the EU delegation noted that the EU-funded “JUST4ALL project plays a key role in promoting the humanization of the criminal justice system in Kyrgyzstan through strengthening the probation system. The collection and analysis of data on criminal justice is key to informing evidence-based sustainable policies and decision making.” Participants at the roundtable highlighted the positive role of the probation service, and the need for tailored approaches when it comes to the social reintegration and rehabilitation. Further challenges include ensuring staff are well-equipped to address the needs of their clients by creating appropriate working conditions and tackling the high turnover rate of probation officers. The participants also agreed on the need to strengthen multistakeholder synergies when implementing alternatives to detention, bringing stakeholders together and allowing them to have an open exchange in a trusted environment. JUST4ALL builds on the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules), which encourages Member States to develop non-custodial measures within their legal system to provide alternatives, thus reducing the use of imprisonment, as well as to rationalize criminal justice policies, consider human rights, the requirements of social justice, and the rehabilitation needs of the offender. Vasilina Brazhko is a specialist at the United Nations Office on Drugs and Crime in Central Asia