18:03, 25 марта 2022, Bishkek - 24.kg news agency , Elena KHOKHLOVA
Kyrgyz authorities should immediately repeal restrictions that prohibit any gatherings in front of the Russian Embassy in Bishkek. The international human rights organization Human Rights Watch said in a statement.
It also urges to cancel fines imposed on three human rights defenders detained on March 17, 2022, who were peacefully protesting outside the Russian Embassy.
The Pervomaisky District Court of the capital banned holding of any peaceful rallies near the building of the Russian Embassy, as well as on Old Square and the central Ala-Too Square. The temporary ban was imposed on March 11 and will last until April 11.
«The Kyrgyzstan authorities apparently want to keep protesters out of the public eye by barring them from prime locations,» said Syinat Sultanalieva, Central Asia researcher at Human Rights Watch. «People have a right to peacefully express their concerns even if it makes the authorities uncomfortable.»
As the human rights activists stress, the ban is disproportionate by preemptively banning assemblies in those prime locations, regardless of their nature. It is incompatible with respect for freedom of assembly, as protected by Kyrgyzstan’s international human rights obligations, and its own constitution.
A protest was held near the Russian Embassy in the Kyrgyz Republic on March 17. Aziza Abdirasulova and Ondurush Toktonasyrov came to the diplomatic mission. Later, several other people joined them, including a human rights activist Dinara Oshurakhunova.
At first, the police did not interfere with the protest, but later law enforcement officers asked the protesters to leave. However, the protesters demanded an official warning. Law enforcement officers detained the participants of the rally and took them to the police department of Pervomaisky district.
Civil activist Ondurush Toktonasyrov and the human rights activist Dinara Oshurahunova were fined 3,000 soms for disobeying police officers.
The country’s constitution forbids any restrictions on freedom of assembly, including any interference with the date, duration, and place of assembly, except as provided for by law. The Law on Peaceful Assemblies provides that a gathering can only be banned on the basis of a court finding that it has an unlawful purpose such as war propaganda or incitement of ethnic, racial, or religious hatred, or is a threat to national security, public order, or to the rights and freedoms of other people.
In line with standards under international human rights law, the Law on Peaceful Assemblies, also requires that any restrictions, such as those related to time, location, or size of gatherings must be for a legitimate purpose, proportionate to that purpose, and demonstrably necessary to achieve their goal.
However, the district court issued its decision upholding a blanket ban on all meetings in front of the Russian Embassy and other political buildings, without doing the required analysis to justify such a broad ban, Human Rights Watch said.
The organization believes the ban should be repealed, the convictions of Dinara Oshurakunova, Aziza Abdirasulova and Ondurush Toktonasyrov vacated, and the fines canceled.
«This unjustified ban on all peaceful assemblies in front of the Russian Embassy is not just about the right to freedom of assembly, but also the right to freedom of expression,» Sultanalieva said. «Kyrgyz authorities should repeal the ban and not try to impose other restrictions which are incompatible with their domestic and international human rights obligations.»