The Supreme Court of the Kyrgyz Republic examined the cassation appeal in the case of the life-sentenced human rights activist Azimzhan Askarov on the decision of the Chui regional court dated July 30.
Recall that in July of this year, the Chui regional court refused the request of Azimzhan Askarov to review the criminal case in connection with the decriminalization of criminal law.
“Today, the hearing was held in the framework of decriminalization of legislation. As a result, the Supreme Court partially upheld my individual episode complaint. Namely, the court reduced Askarov’s term under the article “Mass riots”, and the article “Murder on the basis of ethnicity” was re-classified as simply “Murder,” the lawyer Valerian Vakhitov told ACCA.
He noted that he can’t say more precisely about the decision so far as the decision will be received only in a few days.
“The fact that they reduced his term is good, but I had another goal. I insisted that the crime of complicity in the murder of a law enforcement officer be removed from him. In the old Criminal Code, this crime was provided under the article 240 of the Criminal Code of the Kyrgyz Republic. However, there is no such article in the new code. My main argument was that a crime always consists of an object and a subject. Previously, the life of a law enforcement official was the object of the crime, but today there is no such article in the Criminal Code of the Kyrgyz Republic, which means that there is no crime. So, they should remove this article from him, but the court did otherwise,” Vakhitov said.
He also informed ACCA that Azimzhan Askarov intends to file a cassation appeal on the main charge in the near future. Perhaps the trial will take place before the end of the year.
“Askarov also intends to sue the Kyrgyz government for failure to comply with international treaties,” the lawyer added.
Recall that the human rights activist Azimzhan Askarov was sentenced to life in prison by all judicial instances of the Republic. He is accused of inciting ethnic hatred and complicity in the killing of a policeman during June events in the south of the Republic in 2010. The verdict was opposed by Human Rights Watch and Amnesty International, Ombudsman Tursunbek Akun and some human rights defenders.