Lawyers for Lawyers, together with the Law Society of England and Wales, are calling for the release of a lawyer Samat Matsakov.
In a statement to the authorities of Kyrgyzstan, the organization says that the country, as a state party to the International Covenant on Civil and Political Rights, has an obligation to ensure, inter alia, that anyone charged with a criminal offence is brought to trial in proceedings, which meet international fair trial standards. The Kyrgyz Republic also has obligations under international human rights law to ensure no-one is deprived of their liberty except on such grounds and in accordance with such procedures as are established by law.
The human rights activists added that the lawyer’s detention and subsequent arrest, as well as the court hearing to choose a temporary measure of restraint for him, were carried out in violation of procedural rules.
«The overnight proceedings, attended by a large number of colleagues of Matsakov and human rights defenders, appear to have been a tactic to unjustly exhaust the defence and reportedly failed to respect due process. The investigator presented an incomplete case file, and the defence was repeatedly denied access to key documents, including the copy of the allegedly forged document, under the pretext of ‘investigative secrecy,’» the statement says.
The organization also notes that in accordance with Principle 16 of the UN Basic Principles on the Role of Lawyers, «lawyers must be able to perform all their professional functions without intimidation, hindrance, harassment or improper interference; and shall not suffer, or be threatened with, prosecution or administrative, economic or other sanctions for any action taken in accordance, with recognised professional duties, standards and ethics».
Samat Matsakov defended the interests of akyn (poet) Askat Zhetigen, who was found guilty by the court of publicly calling for the violent seizure of power and sentenced to three years in prison. He was a lawyer of Temirov Live journalists Aktilek Kaparov and Akyl Orozbekov, and the founder of KG Group construction company Imamidin Tashov.
