KYRGYZSTAN Communications sent

229. On 25 January 2001, the Special Representative sent an urgent appeal concerning the cases of Albert Korgoldoev, Ravshan Garipov and Ramazan Dyryldaev. It was reported that,

on 6 December 2000, officers of the Department of the Interior in Jalal-Abad attempted to detain Mr. Albert Korgoldoev, a coordinator for the Kyrgyz Committee for Human Rights (KCHR) for the Jalal-Abad region, based on a fabricated complaint drawn up by an affiliate of the Coalition of Non-Commercial Organizations. According to the source, Nouoken Kasiev, the State Secretary of the Kyrgyz Republic, created the Coalition of Non-Commercial Organizations on the eve of the presidential elections in order to discredit independent journalists, opposition-related observers and independent non-governmental organizations. It was also reported that criminal charges of hooliganism under article 234, part 2, point 1.4 of the Kyrgyz Criminal Code were allegedly pending against Mr. Korgoldoev and that he was in hiding in order to avoid being arrested. It was also alleged that Ravshan Garipov, the director of the

E/CN.4/2002/106 page 110

Kara-Suy Human Rights Centre "Provosudie Istina", was arrested on 21 November 2000 and detained in Kara-Suy ROVD (district police station). According to the source, Mr. Garipov has been active in cross-border relations with Uzbekistan to stop the destruction of a local historical site and has investigated allegations of corruption in the privatization of the Kara-Suy bazaar. It was also reported that Mr. Garipov is an active member of the Coalition of Non-Governmental Organizations for Democracy and Civil Society, and has served as and trained non-partisan election observers. According to the information received, Mr. Gapirov was charged with hooliganism under article 234 of the Kyrgyz Criminal Code and his trial was set to begin on 26 January 2001. The communication also raised the case of Ramazan Dyryldaev, the chairman of the Kyrgyz Committee for Human Rights (KCHR), and other KCHR members who have been in exile since July 2000. According to the source, government actions such as the sealing of the committee's office and the seizure of its bank accounts prevent the members of the KCHR from continuing their work in Kyrgyzstan. Furthermore, it was alleged that the Kyrgyz authorities have not yet properly dismissed outstanding charges against Ramazan Dyryldaev and have made no arrangements to ensure his safe return from exile so that he may carry out his work as a human rights defender in Kyrgyzstan.

230. On 18 June 2001, the Special Representative sent an urgent appeal jointly with the Special Rapporteur on torture regarding Adymamat Kadyrbekov, a member of the KCHR. He was reportedly stopped in the street and subjected to ill-treatment by members of the Governmental Auto Inspection (GAI) in Jalal-Abad, on 12 June 2001. It was alleged that as he showed his KCHR membership card, one of the militiamen said, "I am sick of all these law defenders". He was subsequently handcuffed and put into a car, where he is believed to have been beaten and to have defended himself. He was reportedly transferred to the City Department of Internal Affairs and the investigator is said to have opened a criminal case against him for "use of violence in resisting public officials", for which he could risk up to five years' imprisonment. Mr. Kadyrbekov was set free, but it was alleged that he remained under the control of the militia.

231. On 30 August 2001, the Special Representative transmitted an allegation jointly with the Special Rapporteur on torture regarding Almaz Dyryldaev and Gulhan Borubaeva, both members of the KCHR. They were reportedly subjected to ill-treatment by police officers

on 20 July 2000. According to the information received, about 20 police officers surrounded the KCHR office on Ivanitsin Street (Bishkek) and detained Almaz Dyryldaev under the orders of an investigator of Pervomai ROVD. It was reported that Almaz Dyryldaev was beaten during interrogation at the ROVD. As a result, upon release, he went into hiding. Gulhan Borubaeva was said to have remained held in the office of the KCHR without food for four days until the office was unsealed and she was allowed to return home.

E/CN.4/2002/106 page 111

Observations

232. The Special Representative would like to refer to the separate report she has submitted to the Commission on Human Rights (E/CN.4/2002/106/Add. 1) on the visit to Kyrgyzstan she undertook from 30 July to 4 August 2001.

MALAYSIA

Communications sent

233. On 3 May 2001, the Special Representative, together with the Special Rapporteur on torture and the Chairman of the Working Group on Arbitrary Detention, sent an urgent appeal concerning Badaruddin Ismail, a member of the secretariat of the human rights organization Suara Rakyat Malaysi (Suaram), Voice of the Malaysian People. The Malaysian police reportedly arrested him on 26 April 2001 under the Internal Security Act (ISA). According to the information received, Badaruddin Ismail was arrested without charge and was held incommunicado in an unknown location. It was alleged that Badaruddin Ismail was arrested and detained in connection with his work assisting the families of detainees and documenting police brutality.

234. On 17 July 2001, the Special Representative sent an urgent appeal jointly with the Special Rapporteur on torture, the Chairman-Rapporteur of the Working Group on Arbitrary Detention and the Special Rapporteur on freedom of opinion and expression regarding Mr. Mohamad Fuad Mohd Ikhwan, president of the Student Representative Council of University Malaya. According to the information received, he was reportedly arrested in Kuala Lumpur on 6 July 2001 under the Internal Security Act (ISA). Earlier, a student leader from the Institute Kemahiran Mara, Mr. Khairul Anuar Ahmad Zainuddin, was allegedly arrested under this Act on 5 July 2001 at the Dang Wangi police station. The Inspector General of Police, Norian Mai, was quoted in a report as saying that Mr. Khairul Anuar had been arrested in connection with activities posing a threat to the national security and on suspicion of having set fire to the Tunku Canselor Hall of University Malaya on 2 July. These arrests of student activists under the ISA allegedly followed a recent police raid on a student movement supporting political reforms and the abolition of the ISA in front of the National Mosque on 8 June 2001. It was also reported that 41 persons, including three teenagers, were arrested and held at the Taiping police station for illegal assembly on 15 July 2001, following a demonstration ("Konvoy Perdana") organized to support family members of six political activists allegedly detained under the ISA without trial for two years, Tina Chua, Mohamad Eyam Mohd.Nor, Saari Sungib, Hishamuddin Rais, Llokman Adam and Badaruddin Ismail. The 41 detainees were all released, but 37 were released on police bail amounting to RM 1,000 each.

E/CN.4/2002/106 page 112