The Supreme Court of Kyrgyzstan did not recognize the widow of the human rights defender Azimzhan Askarov as the legal successor in the lawsuit against the government. Lawyer Valerian Vakhitov told 24.kg news agency.
According to him, the widow’s petition was denied. The court asked Khadicha Askarova to submit a certificate whether she came into inheritance after her husband’s death. The plaintiff showed the document. However, the panel of judges considered that Askarova could not act as a legal successor.
As the lawyers stress, based on this illegal decision, Askarov’s widow cannot claim compensation either. Therefore, the lawyers intend to appeal to the UN Human Rights Committee.
Earlier, the UN Committee recognized Askarov as a victim of torture. Therefore, Askarov’s widow has the right to claim compensation for damage through the court from the state.
The UN Committee found that human rights defender Azimzhan Askarov was subjected to torture, cruel, inhuman and degrading treatment. The Committee obliged the state party to take the necessary measures for the immediate release of Askarov, the annulment of his criminal record, including full compensation for damage. The human rights activist filed a lawsuit in court, where he asked to indicate the measures taken based on the decision of the committee.
In June 2020, the Administrative Court terminated the proceedings on the claim of Azimzhan Askarov, justifying it by the fact that the dispute in this case does not arise from administrative-legal (public-law) relations between the government and the plaintiff.
Azimzhan Askarov died in hospital of the prison colony No. 47 on July 25, 2020. According to the conclusion of the medical examination, the death was caused by acute respiratory failure.