Human rights activities are laborious, ungrateful, dangerous work. Often, those who are not indifferent to the fate of ordinary people have to enter into confrontation with powerful state structures - the National Security Service, the Ministry of Internal Affairs and the prosecutor's office, for which human life becomes a grain of sand. But diligence and perseverance will surely give positive results, as long as there is enough patience. Below is the history of human rights defenders in restoring justice. This case can serve as an example of success for human rights activists - how to act, what to do.
On the eve of the women's holiday, Gulnara Kalmurzaeva, beaten by the border guards of the Bekabad-Avtodorozhny post, received a kind of gift. On March 1, the Osh Garrison Military Court convicted the border guard Nasirov and fined him $ 250.
However, Gulnara is not satisfied with the verdict of the court, and considers it too soft for moral damage and material damage. With the help of human rights defenders and a lawyer, she intends to achieve justice in higher judicial instances. “Think for yourself,” she says indignantly - in front of my young children, several border guards are insulting and beating me up in front of my young children. As a result of the six-month struggle with the military bureaucracy, for all my tears, humiliation, scandals in the house, the perpetrators got off with miserable punishments. ”
Human rights activists from the Jalalabad Oblast Human Rights Organization (OPO) “Justice”, who defended Kalmurzayeva’s rights in all instances, sympathize with her, but, nevertheless, they consider the verdict of the Military Court to be a victory in their activities. “Of course, we understand how difficult it was Gulnara. At the beginning, she is beaten, then she is accused of attacking border guards. Then exhausting conversations, interrogations with investigators, persuading the guilty and resentment of relatives to give up their claims, not everyone will endure, ”said Valentina Gritsenko, chairman of the council of the human rights organization.
It is difficult to restore the violated right, but perhaps human rights activists believe. "The main thing is that victims of arbitrariness should be ready to defend their rights, regardless of the difficulties, and we are always ready to support their efforts with all available means." According to Gritsenko, unlike others, Gulnara survived to the end. By her persistence she proved that it is possible to punish the guilty and restore justice. "We know how difficult it was to reach even the current milestone."
As evidence, she told her what had been undertaken, step by step. Gulnara Kalmurzaeva, a resident of the city of Jalalabad, applied to the OPO “Justice” on September 12, 2005.
From her statement it followed that on September 7 she and her husband Baktiyar and two young children were returning from the Uzbek border town of Khanabad. At about 4 pm, the Uzbek post Khanabad was transferred. Gulnara, helping her elderly neighbor carry her things, went ahead (in the neutral zone). Going to the Kyrgyz post, she put the bags on the ground and waited for her husband. The border guards asked for documents. “I said that my passport is with my husband, he will come up and show. At that time, one of the soldiers said, “your mother ... (hereinafter unprintable expressions follow), what are you standing without showing documents.” I was taken aback and made a remark. In response, I heard more dirty words, ”Gulnara says in her statement.
She further writes that, unable to bear the insults, she called the soldier a “fool”. After that, the soldier approached her and kicked her arm. Two colleagues rushed to help the soldier, a scuffle began. At this time, her husband Baktyar came up and asked what was going on. The soldiers, leaving the woman, turned their attention to her husband. They piled him on the ground and started kicking him. The beaten spouses were held until 23 hours, until Gulnara’s relatives arrived, the father was an honored teacher, mother and brother, a graduate of the Russian military school. They said they would appeal against the arbitrariness of the border guards and punish those responsible. Arriving in the city, Gulnara immediately appealed for help to the trauma center of the regional hospital. Having examined the woman, the doctors recommended an urgent hospitalization to her, however, Gulnara refused, because the third child was left alone in the house without supervision.
Immediately after writing the statement, as Valentina Gritsenko told, human rights activists photographed traces of beatings on the victim’s hands, received an extract of a medical examination from the injuries of the regional hospital. Thus, having documented the beating, on September 13, they appealed to the Office of the National Security Service (SNB) in the Jalalabad region, since the Frontier Department is structurally related to this department. After 20 days, received a response from this service. It said that an audit was carried out at the request of Kalmurzayeva and it was established that “the cause of the incident is the complete absence of documents proving Kalmurzayeva’s identity while suppressing the state border of the Kyrgyz Republic. On the insistent demand of the controller of the OPK Nasyrova N. Kalmurzaeva G., in obscene words, attacked him and scratched his face, and also tore off his headdress. At that moment, her husband came running from the checkpoint “Khanabad” and, without understanding, also struck Nasyrov N. ”
Further events according to the border guards and the staff of the National Security Service unfolded in this way. "The shift commander and other border guards separated the conflicting and asked to go to the office office ... and familiarized themselves with the regulatory acts regulating the procedure for suppressing the state border of Kyrgyzstan ... At this point several relatives of Kalmurzayeva broke into the building and caused scandal, threatening with reprisal." At the end of the letter, the management of the National Security Bureau noted the absence of the need to consider the case by their department in connection with the consideration of this case by the military prosecutor's office.
Nevertheless, human rights activists accepted the version of the victim. “Firstly, it’s difficult to even mentally allow a woman with two children, whose passport was with her husband, and who followed her wife, to attack border guards for no reason. Secondly, from the polite demands of the border guard, no bruises can appear on the body and a concussion of the brain can be formed, ”advocates argue their doubts.
The certificate issued by the doctor of the trauma unit E. Chokuyev who applied to Gulnara Kalmurzayeva diagnosed: - brain concussion, soft tissue contusion and bruises of the lower part of both shoulders and the middle part of the left forearm, contusion of the soft tissues of the right iliac region. Her husband recorded a bruise of the soft tissues of both lower limbs. According to the doctor, the couple refused hospitalization.
As human rights activists say, they have only two weapons to protect the rights of citizens. The first is to appeal to all instances step by step. The second is the public disclosure of the violation of citizens' rights in the media.
According to the director-coordinator of the OPO, Valery Uleyev, the second method is more effective. “Officials and violators of rights do not like public control, publicity is afraid like fire. Therefore, we first published information about the beating of a woman by border guards in the press. ” The reaction to the publication was immediate. The leadership of the border troops of the National Security Service of Kyrgyzstan, through the Kabar news agency, refuted reports of human rights defenders. The reluctance of the leadership of the border troops to recognize the guilt of their employees, in the opinion of human rights activists, has become another brake on the path to the restoration of justice. And the next court, they generally wanted to consider without the participation of a lawyer. According to the director of the public reception office of the OPO, Bakhtykan Zhaparova, officers of the military prosecutor’s office came to Gulnara accompanied by two police officers and demanded that she immediately appear in court. Gulnara, of course, refused, as she had not been warned in advance about the date of the trial, and her lawyer was outside the republic.
“When we came to the court hearing with a statement about postponing the consideration of the case, the judge began to frighten Gulnara that she would be fined $ 1,250 for not appearing,” said Bahtykan Zhaparova. Then they had to hear from the lips of the assistant prosecutor Pamir Kozuyev an even more stunning speech from elements of modern legal science - “It is imputed, it can itself be responsible for its actions and the presence of a lawyer is not necessary.” That's it.
A military court sentenced Nasyrov to a fine of $ 250. “The culprit is somehow punished, but the problem is not fully resolved,” human rights activists say. In their opinion, the verdict of the Court could not satisfy any person who faced this problem - to achieve justice, by appealing to our law enforcement agencies, struck from top to bottom with corruption. The logic of the authorities is incomprehensible to the common man: the border guard is the state border guard, in this case the representative of the state beats the woman, and the court, also one of the branches of state power, finishes the border guard as punishment, but the state does not receive the money, but again the state. And the victim remains humiliated and offended.
“We, like no one, know how difficult it is to obtain the punishment of the perpetrator, especially if he is a law enforcement officer or other government agencies. Sometimes it takes more than one month, or even years. But, as they say, “a drop wears away a stone,” said Valentina Gritsenko, chairman of the Board of the OPO “Justice”.
In the meantime, Gulnara Kalmurzaeva is going to file a formal complaint to the international court of human rights, which is under the auspices of the UN. At the same time, with the support of the European Community, a project was launched to strengthen the capacity for human rights advocacy in Kyrgyzstan, with financial support from the European Community through the European Initiative for Democracy and Human Rights program. The goal of the project is to strengthen the capacity of human rights activities in the Kyrgyz Republic, both of the institutions for the protection of human rights and of the holders of human rights in order to promote universal respect for and observance of human rights. The project is designed for one year ...