Makhabat Tazhibek Kyzy and Azamat Ishembekov sentenced to prison time

On 10 October 2024, the Leninskiy District Court in Bishkek, Kyrgyzstan, ruled to sentence woman human rights defender and journalist Makhabat Tazhibek Kyzy and human rights defender and akyn Azamat Ishembekov to six and five years of prison time respectively. The Court found the human rights defenders guilty of “calls for mass civil unrest,” criminal offences under Part 2 of Article 41 and Part 3 of Article 278 of Kyrgyzstan’s Criminal Code. Two other human rights defenders and journalists, Aktilek Kaparov and Ayke Beyshekeeva, received three years of probation for the same charges. The human rights defenders will appeal this decision.

Temirov Live is a YouTube-based investigative media outlet founded in 2020 by Bolot Temirov, a Kyrgyz human rights defender and journalist focused on corruption investigations. Ayt Ayt Dese is a YouTube project that popularizes human rights issues by performing and publishing folk songs on related topics, including some based on Temirov Live's investigations.

On 10 October 2024, Leninskiy District Court handed down the prison time sentences for Makhabat Tazhibek Kyzy and Azamat Ishembekov on charges related to “calls for mass civil unrest.” Makhabat Tazhibek Kyzy, the head of Temirov Live and Ayt Ayt Dese, received a six-year prison sentence, while Azamat Ishembekov, a human rights defender and akyn collaborating with Ayt Ayt Dese, was sentenced to five years in prison. Additionally, the Court ruled that the legal custodian and place of residence of a 12-years old son of Makhabat Tazhibek Kyzy and human rights defender and of journalist Bolot Temirov must be determined by the Kyrgyzstani state social services.

The Court also sentenced human rights defenders and journalists Aktilek Kaparov and Ayke Beyshekeeva to three years of probation. Probation does not entail prison time, but restricts the ability of the human rights defenders to leave the country and imposes state control over their life and work. In case the rules of probation are violated, the Court can revisit the verdict and sentence both to prison time, too. Such conditions will limit the ability of the defenders to carry out their human rights work. Seven other human rights defenders and journalists were acquitted due to a lack of evidence. The Court hearing was closed to the public, similarly to the previous hearings, and only few journalists received a permission to hear the verdict.

On 16 January 2024, all 11 journalists and human rights defenders were arrested, accused of organizing "calls for mass civil unrest," offences under Part 2 of Article 41 and Part 3 of Article 278 of Kyrgyzstan’s Criminal Code. The trial began in June 2024 and has been held behind closed doors, with journalists prohibited from recording proceedings. Many attendees were unable to enter the courtroom due to its limited size. President Sadyr Japarov has repeatedly criticized both Temirov Live and Ayt Ayt Dese, labeling them as “bloggers” and “journalists with no professional qualifications,” accusing them of irresponsibly publishing information that threatens national security and alleging that they are “receiving money for this.”

Front Line Defenders strongly condemns the prison time sentences to woman human rights defender and journalist Makhabat Tazhibek Kyzy and human rights defender and akyn Azamat Ishembekov. The organization also condemns the sentencing of Aktilek Kaparov and Ayke Beyshekeeva to probation. Front Line Defenders sees these sentences as a retaliation for the defenders’ legitimate and peaceful human rights work; the organization sees this trial and the results of it as having a chilling effect on the human rights work of independent investigative journalism in Kyrgyzstan, being in line with the overall attack against human rights media.

Front Line Defenders urges the Kyrgyzstani authorities not to exploit the fate of a minor in this trial, as it can constitute an additional act of retaliation against woman human rights defender Makhabat Tazhibek Kyzy. Front Line Defenders urges the authorities of Kyrgyzstan to immediately and unconditionally drop all charges against human rights defenders and journalists Makhabat Tazhibek Kyzy, Azamat Ishembekov, and their colleagues, and to end the judicial harassment against human rights journalists in the country.

On 9 July 2024, the Leninskiy District Court of Bishkek heard the testimonies of 11 human rights defenders and journalists, former and current employees of Temirov Live media-outlet and Ayt Ayt Dese media project. The next court session is scheduled for 18 July 2024. The Judge prohibited the journalists to record the hearing on video; many attendees were not allowed in the court room due to the size of the space, as it could barely fit all the detainees.

On 5 July 2024, human rights defenders and journalists Makhabat Tazhibek Kyzy, Azamat Ishembekov, Aktylek Kaparov, and Ayke Beyshekeeva attended the court hearing wearing T-shirts that read “Ak iilet, birok synbait,” (which translates from Kyrgyz as ‘the truth bends, but does not break’). On 6 July 2024, the prison authorities of the State Penitentiary Service raided the incarceration units of Pre-trial Detention Centre #1, where the four human rights defenders are being detained, and confiscated these t-shirts, yet another act which silences these journalists. On 8 July 2024, their lawyers filed complaints regarding the unlawful search with the Prosecutor General's Office, the Ombudsman's Institute, and the National Center for the Prevention of Torture. On 9 July 2024, the State Penitentiary Service announced that it has opened an investigation into the incident.

On 12 March 2024, the Pervomaisky District Court in Bishkek, Kyrgyzstan, upheld pre-trial detention for eight human rights defenders and journalists associated with the Temirov Live media outlet and the Ayt Ayt Dese project. They are to remain in Pre-trial Detention Centre #1 until 13 May 2024. Additionally, the court replaced pre-trial detention with a travel ban for three of the individuals.

Among them, Makhabat Tazhibek Kyzy, the Head of Temirov Live and Ayt Ayt Dese, was ordered to remain in detention despite having a 12-year-old son. She, along with journalist Akyn Azamat Ishenbekov, is suspected of organizing "calls for mass civil unrest," which are criminal offenses according to Part 2 of Article 41 and Part 3 of Article 278 of Kyrgyzstan's Criminal Code. Other detained journalists include Ayke Beyshekeeva, Saipidin Sultanaliyev, Aktilek Kaparov, Tynystan Aspbekov, Zhoodar Buzumov, and Maksat Tazhibek Uulu. Three journalists, Saparbek Akunbekov, Aqyl Ozorbekov, and Zhumabek Turdaliyev, were released under a travel ban. If found guilty, Makhabat Tazhibek kyzy and Azamat Ishenbekov can face up to 10 years in prison, while the rest of the human rights defenders can face up to 8 years of imprisonment.

Following their arrest on 16 January 2024, the human rights defenders and journalists were initially held in the Temporary Detention Ward for 12 days. Conditions were poor, lacking heating, showers, and proper bedding. Authorities claimed this delay was due to the need for proper identification documents, though human rigths defender and journalist Bolot Temirov reported that lawyers representing Temirov Live and Ayt Ayt Dese journalists have not received any request to provide additional personal identity documentation from the investigation. He suggested that this 12-days detention in the pre-trial detention ward is an act of additional pressure agains the former and current representatives of the human rights media outlet.

Human rights defenders and journalists associated with Temirov Live and Ayt Ayt Dese also faced defamation, with President Sadyr Japarov labeling them as "bloggers" rather than journalists, accusing them of irresponsibly publishing information that threatens national security.

Front Line Defenders condemns the prosecution of these individuals and believes it is retaliation for their legitimate human rights work. They urge Kyrgyzstan’s authorities to release the detained journalists, close the case, and end the judicial harassment of human rights defenders and independent journalists.

On 16 January 2024, law enforcement officers in Kyrgyzstan raided the office of the media outlet Temirov Live as well as houses of 11 human rights defenders and journalists, including current and former members of Temirov Live. After that, several human rights defenders were taken to the Ministry of Internal Affairs for questioning. They were then labelled as suspects in a criminal case on "calls for mass civil unrest" that were found in the publications of Temirov Live and Ayt Ayt Dese, and detained for 48 hours.

Temirov Live is a YouTube-based media outlet that investigates and reports on corruption of state and non-state actors in Kyrgyzstan. It was founded in 2020 by Bolot Temirov, a Kyrgyzstani human rights defender and prominent journalist whose work focuses on investigating corruption. Ayt Ayt Dese is a YouTube-based project which aims at popularising human rights issues by performing and publishing folk songs on human rights topics. Among others, in its songs Ayt Ayt Dese has covered the investigations of Temirov Live.

On 16 January 2024, the office of Temirov Live was raided, after which it was sealed. Searches also took place in the homes of current and former members of the Temirov Live and Ayt Ayt Dese, including Temirov Live director Makhabat Tazhibek kyzy and human rights defenders and journalists Sapar Akunbekov, Ayke Beishekeeva, Joodar Buzumov, Aktilek Kaparov, Saipidin Sultanaliev, Tynystan Asypbek, Maksat Tajibek uulu, Azamat Ishenbekov, Zhumabek Turdaliev and Akyl Orozbekov, after which they were all taken to a police station for questioning. Saipidin Sultanaliev reported his cell phone and computer being confiscated. After the questioning, the human rights defenders were detained for 48 hours on the grounds of being suspects in a criminal case.

Earlier on 30 December 2023, police officers reported finding information calling for mass civil unrest on the web pages of Temirov Live and "Ayt Ayt Dese". The Ministry of Interior stated that on 12 January 2024, an expert opinion corroborated that the materials published on the pages of Ayt Ayt Dese and Temirov Live "contain signs of calls for protests and mass riots." A criminal case has been opened on the charges on "calls for active disobedience to the lawful demands of representatives of the authorities and mass civil unrest, as well as calls for violence against citizens". The apprehended journalists have witness statuses which does not allow them to have a procedural right to remain silent.

On the previous day, 15 January 2024, law enforcement officers also searched the office of the news agency 24.kg in Bishkek, confiscated all equipment and sealed the office. The management of the media outlet was taken to the State Committee for National Security for questioning. According to the State Committee, the search was conducted as part of the investigation of a criminal case on "propaganda of war". Targetting of journalists with searches and criminal cases fits into this pattern of systemic limiting of rights and freedoms of human rights defenders.

Front Line Defenders condemns the attack on human rights defenders and independent journalists in Kyrgyzstan as it believes it to be a reprisal against their legitimate and peaceful human rights work. The organisation is gravely concerned with the wave of repressions faced by human rights defenders and journalists, as in the recent years Kyrgyzstan’s authorities have refused accreditations to media outlets, passed laws restricting their activities, and filed lawsuits against independent journalists.

Front Line Defenders urges the authorities in Kyrgyzstan to:

1. Immediately and unconditionally release the human rights defenders and journalists who have been apprehended by the authorities as a part of the criminal case on "calls for mass civil unrest";
2. Close the criminal case on "calls for mass civil unrest" as it targets human rights defenders and journalists;
3. Guarantee in all circumstances that all human rights defenders in Kyrgyzstan can carry out their activities without fear of reprisals and free of all restrictions, in line with Kyrgyzstan’s international human rights obligations and commitments.