Kyrgyzstan: Mass arrests of activists, restrictive draft laws and widening campaign against ‘’false’’ information

This is an update on the protection of the freedoms of expression, association and peaceful assembly in Kyrgyzstan from the end of April to the beginning of November 2022. It has been prepared by International Partnership for Human Rights (IPHR) and the Legal Prosperity Foundation (LPF) as part of their cooperation with the CIVICUS Monitor.

During the reporting period, the situation with respect to free speech and civic space continued to deteriorate in Kyrgyzstan.

Applying a controversial law on protection against ‘’false’’ information, the government initiated the blocking of several news sites. Those targeted included the Kyrgyz service of Radio Free Europe/Radio Liberty, which was blocked for two months in October 2022 because of a video allegedly featuring incorrect and biased information about Kyrgyzstan’s role in hostilities at the border with Tajikistan, which broke out in September 2022 and resulted in dozens of people being killed and hundreds injured. The government described these events as ‘’a pre-meditated military aggression’’ by Tajikistan and insisted that it had only acted from a defensive point of view. The measures taken under the law on ‘’false’’ information showed that this law can be used as a government censorship tool, as feared by media and civil society actors when it was adopted last year. Police also increased efforts to track down ‘’false’’ information on social media and summoned social media users for ‘’prophylactic’’ discussions because of allegedly ‘’provocative’’ posts.

New problematic draft laws on media and NGOs, developed by the presidential administration, were put forward. Experts, lawyers and human rights defenders warned that these laws will result in excessive state control over the activities of media and NGOs and could be used to put pressure on and silence information sources and organisations that are inconvenient to those in power. Among others, all media outlets, information sources and NGOs would be required to register or re-register with the authorities in accordance with the new laws, on the threat of otherwise being liquidated.

In an alarming development seen in October 2022, the authorities arrested close to 30 activists, journalists, bloggers, human rights defenders and other critics of a government-negotiated border deal, under which the territory of the Kempir-Abad water reservoir is due to become part of neighbouring Uzbekistan. Among those targeted were well-known human rights defenders Rita Karasartova and Klara Sooronkulova and several other women activists. All those arrested were charged with preparing to organise riots, although they are only known to have peacefully engaged against the draft border agreement and demanded transparency of the decision-making process on this issue. Most of them were placed in pre-trial detention during the investigation into these charges. Representatives of civil society and the international community denounced the mass arrests and called for the release of all those charged without credible reason.

Several other activists, journalists and bloggers were also subject to criminal investigation in apparent retaliation for speaking out on issues which are sensitive to the authorities. Several of them faced charges because of social media posts, which were argued to be ‘’incorrect’’ and contain ‘’incitement’’ to hatred or ‘’calls for’’ riots and disobedience of the authorities. Next TV's director Taalaibek Duishenbiev was convinced for re-posting comments concerning Kyrgyzstan's policy vis-à-vis Russia's military aggression in Ukraine, with the short placing him under probation for three years. Blogger-activists Yrys Zhekshenaliev, Aizhana Myrsalieva and Adilet Ali Myktybek were under investigation because of posts on issues such as the government’s plans for Jetim-Too iron ore, inter-ethnic relations, and other issues of public interest.

Journalist Bolot Temirov went on trial on charges of drug possession, illegal border crossing and document forgery, which were initiated against him earlier this year after his YouTube-based outlet published investigations implicating the family of the national security chief in corruption. In an unexpected ruling issued in late September 2022, a local court acquitted Temirov of the first two sets of charges and released him from penalty on the last set of charges, while faulting the investigation for being prejudiced against the journalist. However, the prosecution appealed the ruling, as a result of which the court case against the journalist is set to continue.

In another case, following legal proceedings dragging on for almost two years, in August 2022 a local court acquitted human rights defender Kamil Ruziev of forgery charges brought against him because of his efforts to ensure accountability for unlawful practices by security service officials. However, the prosecution appealed the ruling, and in early October 2022, a regional court overturned it and instead convicted and fined the defender. In another worrying development, Ruziev was also summoned for questioning for his social media posts.

The criminal investigation on ‘’war propaganda’’, opened against Kaktus.media earlier in 2022, was eventually closed. However, the fact that the outlet came under investigation simply for reposting a Tajikistani media article on the April 2021 clashes at the Kyrgyzstan-Tajikistan border set a troubling precedent.

Excessive restrictions on peaceful assemblies remained in force in the capital, Bishkek, where protests outside the Russian embassy and in several other central locations were banned based on court sanction. These restrictions were first introduced in March 2022 for the primary purposes of preventing protests against Russia’s military aggression in Ukraine.

In an impressive show of solidarity, civil society quickly mobilised to provide assistance to victims of the renewed hostilities at the Kyrgyzstan-Tajikistan borderin September 2022. Hundreds of people volunteered to collect, sort and pack food items, medicine and other supplies for dissemination among victims. Several peaceful rallies were held in support of arrested government critics and independent media who are under attack.

The United Nations Human Rights Committee issued important conclusions and recommendations regarding the protection of fundamental freedoms following its review of the situation in Kyrgyzstan in October 2022. Additionally, the European Union raised concerns about decliningcivic space and pressure on free speech during its annual Human Rights Dialogue with the government of Kyrgyzstan in September 2022.