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Decision of U.S. Immigration Court: Kalybek Eltuibasov - victim of persecution

Kalybek Eltuibasov and his family members were granted political asylum in the United States of America. Own sources informed 24.kg news agency. Relatives of the ex-Prosecutor General of Kyrgyzstan Aida Salyanova and Kalybek Eltuibasov (Salyanov) confirmed this information today.

It is known that the U.S. Immigration Court, having studied all the documents received and having heard the arguments of Kalybek Eltuibasov, decided to grant his application for political asylum.

Recall, the name of Kalybek Eltuibasov is most often mentioned in connection with the investigation into the murder of Kamila Duishebaeva. His case status is a witness. However, there is no clarity of wording in the comments of the Ministry of Internal Affairs on this resonant murder, although it is known that the relative of Aida Salyanova has never had a status of the accused. The police still can not solve the crime.

As relatives of Aida Salyanova say, Kalybek Eltuibasov was forced to make a decision to leave the homeland with his family.

The forced decision is proved by arguments made at the U.S. Immigration Court.

«Although he (Kalybek Eltuibasov) is accused of committing a general crime, the record (obviously, complainant’s written arguments. — Note of 24.kg news agency) contains substantial evidence that the charges were fabricated ... The government has no legitimate accusatory motive, rather the prosecution is politically motivated ... The record contains news articles suggesting that the basic facts of the charge of obstruction of justice are falsified,» the decision of the U.S. Immigration Court says.

Corruption is widespread in Kyrgyzstan that allows the Cabinet to fabricate evidence and accusations to achieve a desired sentence. Data on the state of the country indicate that the ruling party of the republic has long been practicing abuse of the judicial system to suppress political opposition.

From the decision of the U.S. Immigration Court

«According to Dr. Peyruz, since the beginning of independence of the Kyrgyz Republic and regardless of the presidential or parliamentary regime, pressure and criminal charges against high-ranking individuals opposing the authorities stemmed from the logic of the neopatrimonial regime,» the decision of the U.S. Immigration Court stresses.

According to relatives of the family, political component in the criminal case against Kalybek Eltuibasova’s relative, Aida Salyanova, was particularly stressed in court.

«In this context, any challenge to the corrupt status quo leads to a retribution. For example, the government condemned Aida Salyanova after she brought charges against corrupt officials and accused the president of corruption. Indeed, many political opposition leaders have been the victims of ordered court sentences. Omurbek Tekebayev, the leader of Ata Meken party and the main critic of the head of state Atambayev, was arrested two months before the presidential elections in which he intended to participate. He was convicted of corruption and fraud as a result of hasty and politically motivated charges. Tekebayev was sentenced to eight years in prison. This repressive tactic has spread to other party members and defense lawyers,» the decision of the U.S. Immigration Court says.

Thus, the record shows that the prosecution serves for Kyrgyz officials as a means of prosecution of unwanted individuals and groups.

From the decision of the U.S. Immigration Court

Taking into account the totality of the circumstances, the court finds that the defendant had developed a well-founded fear of future prosecution.

«As part of their tactics to silence and eliminate political rivals in June 2017, the Kyrgyz government brought an unfounded accusation against the defendant and published a notice to Interpol about his extradition,» decision of the U.S. Immigration Court regarding Kalybek Eltuibasov and his family says.

Dr. Peyruz testified that the republic often abuses the Interpol system to settle accounts with its opponents on the basis of fabricated charges.

From the decision of the U.S. Immigration Court

«The court believes that the defendant demonstrated a justified fear of future prosecution in connection with his political convictions, which makes him legally entitled to obtain asylum,» the decision stresses.

On February 5, 2019, the Deputy Interior Minister Mirlan Kanimetov told at a press conference that the Prosecutor General’s Office was engaged in extradition of Kalybek Eltuibasov (Salyanov). «The Prosecutor General’s Office sent a request to the relevant U.S. authorities for the extradition of Kalybek Eltuibasov (Salyanov),» he said.

However, the supervisory body hastened to refute this information. «The materials on the extradition of Kalybek Eltuibasov (Salyanov), suspected of destruction of material evidence, were not received by the Prosecutor General’s Office,» they informed after the statement of the police official.

Recall, Kalybek Eltuibasov was detained in the United States for violation of immigration laws. A lawyer Chinara Dzhakupbekova also petitioned for termination of criminal proceedings against her client.

Kamila Duishebaeva was killed on March 10, 2014 under mysterious circumstances. Her body was found at a cemetery in Baytik village a week later. The girl was strangled with her own scarf. The police immediately excluded the version of suicide. This case became resonant, as the media mentioned names of high ranking officials. The police can not solve this crime for 5 years.