Case History: Valerian Vakhitov
On 24 June 2015, the Supreme Court of Kyrgyzstan upheld the decision of the Osh Regional Court to nullify search warrants issued against the organisation Bir Duino and two of its members, human rights lawyers Mr Valerian Vakhitov and Mr Khusanbay Saliev.
The search warrants had allowed the State Committee of National Security (SCNS) to search the premises of Bir Duino in the city of Osh, as well as the houses of Valerian Vakhitov and Khusanbay Saliev, on 27 March 2015.
Valerian Vakhitov is a human rights lawyer and member of the Osh branch of Bir Duino - Kyrgyzstan (One World), a human rights organisation that defends the freedom of association and political space for human rights defenders in Kyrgyzstan through legal support, culture and arts. It organises an annual human rights documentary film festival in Kyrgyzstan.
- Top
- About
- 26 June 2015 : Kyrgyz Supreme Court rules in favour of human rights defenders
- 13 May 2015 : Raid on the premises of Bir Duino and human rights lawyers Valerian Vakhitov and Khusanbay Saliev declared illegal
- 9 April 2015 : Security forces target homes, offices and families of human rights lawyers
On 24 June 2015, the Supreme Court of Kyrgyzstan upheld the decision of the Osh Regional Court to nullify search warrants issued against the organisation Bir Duino and two of its members, human rights lawyers Mr Valerian Vakhitov and Mr Khusanbay Saliev.
The Supreme Court upheld the decision, taken by Osh Regional Court on 30 April 2015, declaring three search warrants previously issued by the Osh City Court as illegal. The search warrants had allowed the State Committee of National Security (SCNS) to search the premises of Bir Duino in the city of Osh, as well as the houses of Valerian Vakhitov and Khusanbay Saliev, on 27 March 2015. Investigative officers from the SCNS confiscated computers, USB-cards, dictation devices and materials on cases the human rights lawyers were working on.
The decision of the Supreme Court is final and cannot be appealed.
On 12 May 2015, human rights organisation Bir Duino - Kyrgyzstan (One World) received notice of the decision of the Osh Regional Court to nullify search warrants issued against the organisation and two of its members, human rights lawyers Mr Valerian Vakhitov and Mr Khusanbay Saliev.
The decision, taken by Osh Regional Court on 30 April 2015, nullified three search warrants previously issued by the Osh City Court. The search warrants had allowed the State Committee of National Security (SCNS) to search the premises of Bir Duino in the city of Osh, as well as the houses of Valerian Vakhitov and Khusanbay Saliev. On the basis of the decision of the initial court, a raid of the premises took place on 27 March 2015. Investigative officers from the SCNS confiscated computers, USB-cards, dictation devices and materials on cases the human rights lawyers were working on. According to part 5 of Article 29 of the Law on Lawyers and Lawyers' Activity of the Republic of Kyrgyzstan, such seizure is to be permitted only when the lawyer concerned is a defendant in a criminal case. The given reason for the raid was to further the criminal investigation into American journalist, Umar Farooq, who allegedly had the business cards of Valerian Vakhitov and Khusanbay Saliev, as well as materials on the cases they were working on, with him at the moment of his arrest.
Front Line Defenders expresses its concern over the targeting, searching, and summoning of human rights lawyers in Kyrgyzstan.On 8 April 2015, the brother and father of human rights defender Mr Khusanbay Saliev were summoned for questioning, for the second time, to the Department of the State Committee of National Security in the city of Osh. Ten days previously, on 27 March 2015, the apartments of Khusanbay Aliev and fellow human rights defender Mr Valierian Vakhitov, were searched, along with the office of the organisation Bir Duino – Kyrgyzstan, and documents and equipment were confiscated.
On 6 and 8 April 2015, the brother and father of Khusanbay Saliev received summons for questioning by the investigative officer of the Osh Department of the State Committee of National Security (SCNS). The legal basis for such summons remains unknown, as there is no criminal investigation formally opened against Khusanbay Saliev.
On 27 March 2015, investigative officers from the SCNS searched the premises of the Osh based office of Bir Duino - Kyrgyzstan, on the basis of a court decision issued on 26 March 2015 by the Osh City Court judge, Mr Matisako. During the search, computers and other electronic devices were seized. On the same day, the apartments of Khusanbay Saliev and Valerian Vakhitov were searched, leading to the seizure of documents and USB drives. During both searches, documents related to more than a hundred legal cases were seized in violation of attorney-client privilege. According to part 5 of Article 29 of the Law on Lawyers and Lawyers' Activity of the Republic of Kyrgyzstan, such seizure is possible only in when the lawyer is a defendant in a criminal case.
These searches are reportedly related to the previous arrest of American journalist Mr Umar Faruk, who had been carrying Saliev and Vakhitov's business cards at the time of this arrest. On 28 March 2015, the Osh city court ordered the halting of criminal proceedings against Mr Faruk. He was subsequently deported from Kyrgyzstan.
