The trial against former President Bakiev and his allies, who are charged with the murder of 77 people during the April unrest, has begun. While everyone agrees on bringing the guilty accountable to court, many disagree with the government’s attempts to turn it into a show trial.
On November 17, the long-awaited trial for the murder of dozens of protesters during the April events finally started. 28 people are accused of killing 77 protesters in front of the White House in Bishkek during the civil disturbances that led to the collapse of former President Kurmanbek Bakiev’s regime. Six of them, including former President Bakiev and former Prime Minister Daniyar Usenov, are being tried in absentia. Others include former Defense Minister Bakyt Kalyev, former General Prosecutor Nurlan Tursunkulov, former head of the Presidential Administration Kanybek Joroev, former head of the Presidential Secretariat Oksana Malevannaya, and commanders and soldiers of two Special Forces units, “Alfa” and “Arstan”, under the country’s National Security Service and the State Guard Service respectively.
The most celebrated criminal case in Kyrgyzstan’s history comprises 18 defending lawyers, 7 state prosecutors, 306 victims, 78 legal representatives of those who died, and 129 witnesses. The court hearings are open to the public and are being held in the Palace of Sports, the country’s largest sports complex, which can seat thousands of people. The authorities deployed 300 policemen to maintain order at the court and around the venue.
The first day of the court proceedings was highly emotional and resulted in incidents that questioned the appropriateness of conducting the trial in such circumstances. During the hearing, the relatives of the murdered protesters attempted to attack the accused and their lawyers. The whole process was attended by constant threats and insults against the defendants by the victims. The judge, Jakypbek Bektemirov, instead of bringing order to the court house, was unable to resist the emotionally-charged crowd.
Right after “Day One” of the judicial hearings, 15 of the defenders made a public statement refusing to participate in the court sessions until the court could guarantee their rights and security. Thereby, the session scheduled for the next day was postponed due to the absence of the defenders. In response, judge Bektemirov and the General Prosecutor’s office made a joint address to the Ministry of Justice, demanding measures against the lawyers, going so far as to threatening their disbarment.
Meanwhile, a number of local human rights organizations asked the interim government to stop taking vengeance on their political opponents and stated that the legal proceedings were no better than a “show trial”. Human rights organizations are claiming that the first day of the trial provided ample evidence that a fair and impartial trial is impossible. The Committee of Civil Control, a well respected human rights organization, said in its statement that “Human rights defenders are outraged by the trial and we call on to the country’s leadership to change the trial location in order to avoid violence and conflict”.
Despite widespread appeals, the interim government seems determined to carry it out in this fashion. The same day as the first hearing was held, Kyrgyz President Roza Otunbaeva awarded special “medals of distinction” to the most active protesters of the April events and called the trial’s critics “enemies of the Kyrgyz people.”
Such initiatives and statements by the president have caused a wide range of reactions. While most people agree that the guilty should be brought to trial, many feel that an unethical show trial is not an acceptable response. Some see the president’s statement as an attempt to influence the court’s rulings. Cholpon Jakupova, head of the “Adilet” legal center, considers it a “President’s directive” to sentence the defendants.
The anxiety of human rights defenders is shared by a number of international organizations and diplomatic missions. The U.S. Embassy in Bishkek has issued a statement expressing its concern regarding the conditions under which the trial is held. The statement puts into question the necessity of choosing the public site as the place for judicial proceedings and called upon the Kyrgyz government to take all necessary measures to provide secure and fair trials.
In addition, the defending side contends that the investigation was one-sided due to the political nature of the case and constant pressure from the relatives who have been continually organizing protests and demonstrations throughout the period of the investigation. However, according to local political analyst Marat Kazakpaev, the trial risks not coming to a close. “Due to the fact that the case is clearly politicized, the trial might drag on for a long time, or even might not finish at all,” he concluded.