On February 27, the Committee to Protect Journalists, based in New York, filed the appeal to the Prosecutor General of Kyrgyzstan to reconsider publicly the case of Azimjon Askarov, human rights defender from Jalalabad, who was sentenced to life in prison in September 2010 on charges that included incitement to mass disorder, attempted kidnapping, and participation in a police officer’s murder during the ethnic unrest in the region in 2010.

Copies of the appeal were sent to the President of Kyrgyzstan, Kyrgyz ambassador to the United States and U.S. Ambassador to Kyrgyzstan, the Foreign Minister and the Minister of Justice of Kyrgyzstan, the U.S. State Department, as well as the OSCE.

The appeal CPJ says that there are at least three individuals confirmed seeing Askarov in his courtyard between 7:30 and 9 a.m. on June 13, 2010, far away from the scene of the officer’s murder. Another witness said he saw Askarov at around 9:30 a.m. near the center of their village, which was at least a mile away from the scene of the murder. Moreover, there were numerous procedural violations during the court hearings on Askarov’s case, and the defender himself was tortured during the investigation.

“As you are well aware, articles 384 and 385 of the Kyrgyz Code of Criminal Procedure state that a case can be reopened based on new evidence and disclosure of biased court proceedings,” says the statement.

To avoid conflict of interest, the Committee to Protect Journalists has asked the Prosecutor General of Kyrgyzstan Aida Salyanova appoint an independent team of investigators, and instruct them to study and review the case of Askarov in a way open to general public.

“We believe there is a conflict of interest in asking these prosecutors – the same ones whose abuses Askarov exposed in his stories, the same ones who fabricated evidence against him, and the same ones who sought his life imprisonment–to review the statements. We weren’t surprised to learn that the prosecutors told you they had checked the statements and found them “baseless”, the statement says CPJ.

CPJ also asked the Prosecutor General of Kyrgyzstan to take measures to ensure Azimjon Askarov his right to a fair trial.

“When Askarov was first taken into custody, police did not register his arrest for a full day, which renders that 24-hour span of his detention illegal. The journalist was also denied a lawyer for three days. He has reported being beaten and tortured throughout his detention and trial. The allegations of torture were confirmed by a doctor who concluded that he appeared to have “suffered severe and lasting physical injuries as a result of his arrest and incarceration.” We ask that you ensure these allegations are duly investigated and do not occur again,” says the statement of CPJ.

Seyitzhan Alishev, representative of the Prosecutor General of Kyrgyzstan, confirmed that the appeal of the Committee to Protect Journalists was received by fax on February 28, but did not make any further comments on it. According to him, every comment on the case of Azimjon Askarov should be taken with the approval of the Foreign Department of the Prosecutor General’s Office.

“That is why we recommend you to make a formal request to the Prosecutor General. The request will be responded in two weeks in a written form,” said the representative of the Prosecutor General.

Correspondent of “Jarayon” talked with Aziza Abdirasulova, famous Kyrgyz human rights activist, about Askarov’s case.

“Of course, the appeal may become a good basis for reopening the case of Askarov,” said Aziza Abdirasulova at the beginning of the conversation. “The Kyrgyz human rights activists have tried to provide the government with evidences proving the innocence of a number of people, who have been convicted during the June events in Osh in 2010.

However, the government does not listen to human rights defenders. Today, the government has closed ears to hear the voice of the international community. The government does not take into account the doubt that “maybe investigation was not held properly, maybe the trial was impaired and therefore the sentence was made wrong,” and declares to the international community that the Kyrgyz court made a just decision on Azimjon Askarov’s case.”

She believes that Azimjon Askarov’s case has become a politically principal issue for the current government in Kyrgyzstan.

“Kyrgyzstan categorically does not want to recognize that the courts made wrong judgments. For example, a week ago, in mid-February, the UN Committee for Ethnic Minorities in Geneva discussed the report of Kyrgyzstan. There was a person named Nurlan in the delegation of Kyrgyzstan, who worked in the prosecutor’s office in Jalalabad, when Azimjon Askarov’s case was being considered.

Based on this, I came to the conclusion that the Kyrgyz government was aware of the fact that the United Nations will first raise the question on Askarov’s case. Therefore, the prosecutor, who investigated the case, was included in the delegation. He could not give any evidences on Askarov’s guilt, he only referred to the articles of the Criminal Code Azimjon Askarov was charged with.

And Ms. Isakova, representative of Kyrgyzstan to the United Nations, told the Committee: “You have to respect decisions made by Kyrgyz courts.” The actions of the delegation reflect the principled position of the Kyrgyz government in relation to convicted on Osh violence. Based on this, I do not think that the request of the Committee to Protect Journalists will have an impact on the situation,” said Aziza Abdirasulova.

In contrary, Abdumalik Sharipov, human rights defender from Jalalabad, has more optimistic views on the situation. According to him, the number of witnesses, who claim the innocence Azimjon Askarov, is much more than it is given in the appeal of the Committee to Protect Journalists.

“We recorded testimonies of these witnesses, confirmed them in the notary, and gave them to Askarov’s lawyers. However, none of the witnesses for the defense was allowed to participate in the trial. The verdict was made only on the basis of prosecutor’s statements. If the case of Askarov is reconsidered in court, dozens of witnesses can testify innocence of the rights activist and he can be released. Ensuring the free and fair trial is enough for this,” said Abdumalik Sharipov.

In its appeal, the Committee to Protect Journalists recalled last year’s visit of President Almazbek Atambayev to Germany, where, during a meeting with Angela Merkel, he expressed a desire to review Askarov’s case, pointing out that “everything must be strictly according to the law and be decided by the courts, not by the president.”

However, after his return from Germany in a meeting with the press at 24 December 2012, in response to reporters’ questions about Askarov, President Atambayev said that he was interested in a commitment to the rule of law. Then, the president said that “only the courts – not his administration – can overturn Askarov. “However, Mr.Atambayev also said that” if there are specific witnesses [proving innocence Askarov], it will review the case “- is outstanding CPJ.

On December 24, 2012, when asked about Askarov’s case at a press conference in Bishkek, President Atambayev told journalists that he was interested in preserving the rule of law. He said that only the court–and not his office–was able to overturn Askarov’s verdict, then said, “But if there are any particular witnesses [confirming Askarov’s innocence], then the case must be reopened,” states CPJ in its appeal.

After ethnic clashes between ethnic Kyrgyz and Uzbeks in 2010 in southern Kyrgyzstan, Azimjon Askarov, human rights activist from the Bazar-Korgon district of Jalalabad, ethnic Uzbek, was arrested on trumped-up charges. He was accused of killing a police officer in Bazar-Korgon. On September 15, 2010, the court sentenced him to life imprisonment.

However, a number of authoritative international organizations claim that the case of Azimjon Askarov was politicized and fabricated, and that he had suffered because of his professional activities. Nevertheless, official Bishkek has not admitted the allegations.

Last November, the Committee to Protect Journalists has awarded Azimjon Askarov with International Press Freedom Award 2012.