Kyrgyzstan Justice - The Times Of Central Asia

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Montana Farmer Pleads Guilty to Cloning Endangered Kyrgyz Argali Sheep

As reported by the Daily Montanan an 80-year-old farmer from Montana, Arthur "Jack" Schubarth, has pleaded guilty to federal charges for violating the Lacey Act, which prohibits the sale, transportation and purchase of wild animals between American states. In 2013, Schubarth illegally brought part of an argali sheep which had been killed in the Kyrgyz mountains into the U.S. and paid a laboratory to create cloned embryos from the animal's DNA. The embryos were then implanted into sheep on his farm and in time, he succeeded in raising a genetically pure argali, which he named Montana's Mountain King. Used to impregnate other sheep, the ram's sperm produced fairly large hybrids. In a statement to the paper, assistant U.S. Attorney General Todd Kim said, "It was a bold plan to create large hybrids of sheep for sale and hunting as trophies... By implementing this scheme, Schubarth violated international law and the Lacey Act, which protect the viability and health of local animal populations," According to investigators, Schubarth conspired with five individuals to sell hybrid offspring to Texas and Minnesota under the guise of domestic sheep from New Mexico. The sheep hybrids led to healthy profits in the field of hunting. In 2020, a farmer sold one of Mountain King's sons and 11 sheep containing a quarter of his genetics for $23,000 after obtaining a fake export license. The plea agreement states that the market value of all such sheep sold by Schubarth reached half a million dollars. The Argali, also known as a Marco Polo, is the largest ram on earth. Reaching up to two meters in length, with a height at the withers of 120 centimetres, an adult can weigh 180 kilograms. The breed is also valued for its large, curled horns and in Kyrgyzstan, is protected as an endangered species. However, once a year, authorities issue about 70-80 licenses to cull the population; an activity popular with foreign hunters and a lucrative source of income for the state. Whilst the fine for illegal killing of an argali is around $15,000, the official rate charged to licenced hunters is around $10,000. Speaking to the Times of Central Asia, Askar Davletbayev, an ecologist with the Kyrgyz National Academy of Sciences, stated, "According to the law, one percent of the total argali population can be shot but we try to shoot no more than 0.5 percent. According to the data, there are now about 19,000 of these animals in the country. Since the situation isn't critical, the current level of hunting can be maintained." During the autumn hunting season, many argali living on the Sarychat-Ertash Nature Reserve in the Issyk-Kul region migrate to areas around the nearby Kumtor gold mine. Scientists explain this as a way in which the animals try to protect themselves from both hunters and predators. Because the gold mine's territory cannot be accessed without approval, hunting is forbidden. Furthermore, since the local dump provides ample food for predators, the argali are left in peace. On more than one...

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Kyrgyzstan Tightens Control Over Foreign-Funded NGOs

BISHKEK, Kyrgyzstan - Kyrgyzstan´s parliament has passed a law that tightens control over foreign funded non-governmental organizations despite international concerns that the measure would further erode rights and access to basic services in the Central Asia country. Supporters of the law have characterized the law as a way to ward off foreign interference in Kyrgyzstan, while critics say it represents a slow-moving crackdown that rolls back efforts to develop civil society with the help of international governments and other institutions. The Jogorku Kenesh, or parliament, approved the law by a vote of 66-5 on Thursday. The government has said the law would assign the status of a foreign agent to NGOs, media and other institutions, as well as individuals in some cases, that are financed from abroad. Furthermore, materials posted on behalf of foreign principals on the Internet will be required to contain the phrase: “Materials (information) were produced, distributed and (or) sent by a non-profit organization performing the functions of a foreign representative.” Violations of the law could lead to criminal penalties. President Sadyr Japarov of Kyrgyzstan has said that “only a small number, but a [quite] vociferous group, of these structures financed by foreign states… is a source of inaccurate information for their grantors”. Last month, Japarov pushed back against concerns about the draft law that were expressed by U.S. Secretary of State Antony Blinken in a written response emphasizing that the draft law – which MPs initiated and adopted in its first reading – “is close to the Foreign Agents Registration Act (FARA) adopted in 1938 in the United States”. “My only request is that you do not interfere in the internal affairs of our country,” Japarov said. Some opponents claim it is based on Russia´s “foreign agents” law and could be used as an instrument of oppression. Members of non-governmental groups and other critics strongly opposed the draft law as it moved toward ratification in the parliament. On March, 15 groups wrote to four international finance institutions that are backing projects in Kyrgyzstan and asked them to join their efforts to block it. “The law would inevitably create a climate of fear, preventing people, including workers, human rights defenders and civil society organizations, from speaking out due to fear of reprisals,” the groups said in their letter to the Asian Development Bank, European Bank for Reconstruction and Development, European Investment Bank and World Bank. Separately this week, the government in Kyrgyzstan withdrew a draft law on the media that critics said would have restricted free speech. Among the terms of the measure was the right of government agencies to revoke a journalist’s accreditation if it disapproved of the reporter’s coverage of an issue.

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“You’re Afraid I’m Not Beautiful; I’m Afraid You’ll Kill Me” – Women Rally in Bishkek

On International Women's Day on March 8th, hundreds of people took to the streets of Bishkek to participate in the annual march for women's rights. Under the slogan "A woman's life is a mirror of the time," the march started from the monument to revolutionary fighters on Chui Avenue and ended in Gorky Square on Isanov Street. The marchers carried placards and made calls for an end to violence against women, to ensure their freedom and protect freedom of speech. One of the speakers was Asel Nogoibayeva, who said she had first-hand experience of domestic violence. Her words left a lasting impression, as did her call for the police to address the problems of domestic violence. Marches on March 8th in support of women's rights have become an annual tradition in Bishkek, with the main theme always for the authorities to pay attention to women's issues. "I went with a double-sided poster that said: ‘You’re afraid I’m not beautiful; I’m afraid you’ll kill me’ and on the other side, ‘Only a human being can give birth to a human being,’” Saraya, a participant at the rally told TCA. “I also printed out some posters that I handed out." Saraya said that the march went exactly as planned with no deviations and expressed her joy at the increase in the number of participants, including girls with their boyfriends, which is a testament to the expanded audience and impact of the event. "Of course, marching is not the only way to influence people,” she said. “It doesn't work if once a year you walk around with placards and then forget about it. Businesses, for example, have different ways of attracting customers - social media, word of mouth, banners, etc. A march is like an advertising campaign, periodically loudly and announcing itself so that people don't forget it. Only women’s rights are not a business – they’re a struggle for justice."

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Child Brides, Forced Marriages Among Gender Equality Topics

Kyrgyz Ombudsman Dzhamilya Dzhamanbaeva met with USAID's Senior Global Coordinator for Gender Equality and Women's Empowerment, Jamille Bigio in Bishkek. According to the ombudsman's office, the parties discussed important issues in the protection of freedoms and human rights. The key topics of conversation were reportedly the problem of early marriage among women in Kyrgyzstan, and the protection of children's rights. The ombudsman's office cited an example of a 15-year-old girl being married against her will to a much older man. "There is an urgent need to support victims of early marriages, because they are exposed to domestic violence... For example, a 23-year-old mother of three approached the Ombudsman Institute complaining of domestic violence. As it transpired, she had been forcibly married at age 15 to a man three times her age," Dzhamanbaeva said. The ombudsman stated that her office receives many appeals from girls complaining about domestic violence, and its review has revealed facts about forced early marriages. According to the Institute, such egregious facts are not isolated in Kyrgyzstan, and there is a need for the government to take measures to prevent them. In the past, human rights activists have repeatedly stated that the police are reluctant to consider cases of domestic violence, because the spouses very often reconcile, and the victim withdraws her statement. Furthermore, the Supreme Court has recognized that police systematically fail to prosecute domestic violence cases, "because of widespread misconceptions and gender stereotypes present at all levels of law enforcement and judicial systems." "The police often see no need to intervene in what they consider to be 'private matters,' and do not recognize domestic violence as acts requiring preventive measures or investigation," noted a Kyrgyz Supreme Court report. As a result, law enforcement officials often try to dissuade victims from filing a formal complaint. The situation is similar regarding the practice of bride kidnapping. However, under public pressure, in 2019 the Kyrgyz authorities toughened the punishment for kidnapping girls in order to marry them. According to the criminal code, this offense now carries a prison sentence of 5 to 10 years. Additionally, the fine for forcing girls under the age of 17 into marriage can be up to 200,000 som ($2,200). The ombudsman also said a new bill is being drafted to strengthen the mandate of the ombudsman's office and allow representatives to participate in closed-court sessions involving children. "Currently, the institute's employees are not allowed to attend such sessions, [as per] the criminal code. In this regard, we have no opportunity to ensure the protection in court of the rights of children who have been abused. With the adoption of the new law, we will be able to monitor closed trials," the ombudsman emphasized. USAID's representative, Bigio noted the importance of strengthening cooperation on the protection of children's rights and the development of mechanisms to protect against early marriage, saying that USAID is ready to continue to cooperate with the government of Kyrgyzstan, authorized bodies and human rights defenders and to provide all of...

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Kyrgyz Court Rules in Favor of Shutting Down another Mass Media Outlet

Bishkek's Oktyabrsky District Court has ruled in favor of liquidating a public foundation named Kloop Media. The official reason, as stated in a social network post by Kloop Media, is discrediting state and municipal bodies. According to the publication's staff, Bishkek prosecutor Emilbek Abdymannapov filed a lawsuit in court last August seeking to liquidate Kloop Media. The prosecutor had argued that most of the publication's stories were negative and aimed at discrediting certain representatives of state and municipal bodies. On August 22nd 2023, Kloop Media published a journalistic investigation focusing on corruption schemes undertaken by top officials in Kyrgyzstan - and later published more material criticizing the president of the republic and his relatives. Consequently, in September 2023, access to the Kloop Media website was blocked, and now the foundation itself has been closed by the authorities following the court's decision, which states that Kloop Media is not listed in the state register of Kyrgyz media and that the organization's charter doesn't specify its main activity, which is the dissemination of information. The Civil Code of the Kyrgyz Republic allows for the liquidation of legal entities if they systematically carry out activities which don't correspond to the objectives set out in their charters. Lawyers for the public fund in turn stated that the court session contained multiple violations, and they will appeal the decision to a higher authority. The public foundation, Kloop Media was established in 2007 and positioned itself as a human rights media outlet. Kloop primarily hired young writers and trained them in investigative journalism. On the day the court's decision was announced, the international organization, Reporters without Borders called on the Media Freedom Coalition to take action against what they called an "arbitrary and unjustified decision." In April 2023, the Lenin Court of Bishkek ruled in favor of a lawsuit brought by the Ministry of Culture, Information, Sports and Youth Policy of Kyrgyzstan that called for the shutdown of Azattyk Media, which was the Kyrgyz service of Radio Free Europe/Radio Liberty, financed by the U.S. State Department. The Ministry objected to material published about fighting on the border between Kyrgyzstan and Tajikistan. The authorities claimed that the content contained "elements of hostility and unconfirmed information about an alleged attack by the Kyrgyz side on Tajikistan, inflaming the situation in society and causing hatred, discrimination and division among citizens when covering the events in Batken Oblast."

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Kyrgyz Authorities Confiscate $35 Million of Oligarch Matraimov’s Assets – Plan to Nationalize Another $50 million of Property

Kyrgyzstan's State Committee of National Security (GKNB) has stated that following an investigation aimed at returning embezzled property into state ownership as part of a criminal case against former deputy chairman of the Customs Service, Raimbek Matraimov, the government has seized real estate worth $34,810,000. At the end of January 2024, the authorities placed the infamous oligarch Matraimov, who has bounced in and out of custody since 2020, on a wanted list. Matraimov, who is popularly known as "Raimbek-million" for his multi-million dollar fortune has already pleaded guilty to embezzlement, and is now charged under the article "illegal deprivation of liberty" on suspicion of abducting and illegally incarcerating unnamed individuals. The former deputy head of the Customs Service previously had extensive connections in the Kyrgyz parliament and government, and went unpunished for years. In 2021, the U.S. authorities banned Matraimov and his family members from entering the country. Head of the GKNB, Kamchibek Tashiev, accused Matraimov of creating a mafia clan. "Raimbek Matraimov has been put on a wanted list. All of his property... throughout Kyrgyzstan will go into the ownership of the state. We will not leave even a [plot] of land. He will no longer be Raimbek-million as he used to be. There will be no such thing as a clan. To destroy this clan, in the Osh region [alone] we fired about fifty people from state bodies," Tashiev stated. In 2019, the State Service for Combating Economic Crimes launched an investigation into corruption in the Kyrgyz Customs bodies. Earlier, documents had found their way into the hands of journalists showing that Matraimov had withdrawn about $700 million from the country through various banks over a period of seven years. However, investigators didn't find Matraimov's property abroad. In 2021, Matraimov was found guilty of corruption and convicted, but after paying a $22.5 million fine to the state, he was released. Law enforcement has since uncovered more of the oligarch's assets worth another $50 million. The GKNB is continuing to search for more assets obtained by criminal means in order to later transfer them to the state, according to the agency's press service. Matraimov's whereabouts are currently unknown.