The lawyers’ community of Kyrgyzstan appealed to President Sadyr Japarov with a statement in connection with the illegal detention of lawyer Samat Matsakov.
Chairperson of the Bar Council Meyil Bagilerova expressed her deep concern about the numerous violations of the law and the rights of lawyers committed in the course of this case.
Nursultan Zhanybekov, a colleague of Samat Matsakov, listed the violations committed by law enforcement bodies during the detention:
1. Violation of professional guarantees of lawyers
The search in the living and working premises of lawyer Samat Matsakov was conducted without a judicial act, which grossly violates the Law «On Advocacy and Lawyer Activity».
Documents irrelevant to the case were seized, including materials of a high-profile case, where Samat Matsakov defends the rights of a client.
2. Violation of procedural norms
The lawyer is under pressure, including illegal interrogations after refusal to testify.
The court session was held with numerous violations: restrictions on the presence of lawyers, failure to provide copies of the ruling to the accused and lawyers, ignoring the submitted motions.
3. Politically motivated prosecution
Samat Matsakov is a defender in high-profile criminal cases and openly expresses his opinion. This raises concerns that the case against him is related to his professional activities.
4. Violation of international standards
Actions of the investigation and the court contradict the basic principles of protection of lawyers’ rights enshrined in international standards, such as the Basic Principles on the Role of Lawyers and the International Covenant on Civil and Political Rights.
The lawyers asked the President to release Samat Matsakov from custody and to choose a preventive measure not related to imprisonment. In addition, to investigate the actions of the investigative bodies and the judge for the gross violation of the lawyer’s rights.
«We emphasize: the persecution of lawyers for their professional activities is not just an attack on one person, it is a threat to the entire system of justice and access to justice for the citizens of Kyrgyzstan,» the lawyers concluded.
Samat Matsakov’s colleagues called on the public, international organizations and all interested parties to support the lawyers’ community in protection of his rights and the legal profession as a whole.
