Wednesday, 21 May 2014

Addressing Torture in Kyrgyzstan

Published in Field Reports

By Ebi Spahiu (05/21/2014 issue of the CACI Analyst)

With a growing rhetoric of militant Islamism in Kyrgyzstan and increasing records of human rights abuses against vulnerable groups, the pervasive use of torture remains one of the most pressing issues in Kyrgyzstan’s judicial system. Being the only democracy in Central Asia, and having gone through constitutional changes since the new government took over after the 2010 revolution, the country’s judiciary has yet to effectively address issues of torture that frequently affect targeted minorities and vulnerable groups. Very often the use of torture is justified by law enforcement to combat increasing threats of violent extremism. However, apart from being a political approach to fight threats of terrorism or unjustly target political dissent, torture also occurs due to a deeply flawed judicial system and law enforcement investigative mechanisms currently operating in Kyrgyzstan.

Even though the prevalence of torture remains a regional human rights issue due to the repressive regimes in most Central Asian countries, Kyrgyzstan is the only democracy in the region although its systematic use of torture strongly resembles that of its oppressive neighbors. However, despite the climate of impunity for law enforcement officers and highly flawed judicial system, Kyrgyzstan is the only country in the region that is taking measures to address this problem.

A recent event organized by the Tian Shan Policy Center at the American University on torture prevention mechanisms exposed some of the largest legal gaps and challenges the country faces on the issue of torture. The event was supported by the Open Society Justice Initiative, the Coalition against Torture and the United Nations Office of the High Commissioner for Human Rights based in Bishkek, and brought together representatives from civil society, the office of the general prosecutor, and members of parliament to address the realities of hundreds of torture cases that mostly go unpunished. “The system encourages law enforcement officers to use torture. The assessment is based on the quantity of criminal cases closed, which encourages the use of torture. If police officers do not fulfill this quota, they’ll be punished. It is the norm for confessions to be obtained through torture because police are not trained to conduct investigations,” says Alexandra Cherkasenko, Associate Legal Officer at the Open Society Justice Initiative in Bishkek, which provides legal support to torture victims and promotes legal reform based on international standards on torture prevention throughout Central Asia.

Kyrgyzstan is a signatory state of the ICCPR (International Convention of Civil and Political Rights) as well as the CAT (Convention against Torture). Despite the international legal platforms available and recommendations for the development of mechanisms to prevent of torture, the number of charges among law enforcement perpetrators remains very low. For the first time this year, two police officers based in the southern province of Jalalabad were brought to justice and received sentences of up to 11 years in prison for having tortured minors. “The pressure from civil society is quite strong, but there is still a long way to go,” says Cherkasenko.

Apart from international agreements on the prevention of torture, recent discussions among scholars and civil society representatives have revolved around the role of regional economic and political alliances, such as the Shanghai Cooperation Organization (SCO) between China and Central Asian states, in maintaining a prevalent climate of torture justified by the war on terror. In January 2014, a group of 11 ethnic Uyghur men were killed on the border between China and Kyrgyzstan on allegations of extremist activities. According to a statement of the border authorities reported by the Associated Press, the 11 men appeared to belong “to an organization of Uyghur separatists.” Human rights organizations, however, disputed the claim due to insufficient investigations and continuously raise their concerns over the SCO agreements and “murky” definitions of terrorism to justify repression of political dissent in the name of the war on terror, also grouped under the organization’s definition of “three evils”: separatism, extremism and terrorism. 

Following the 2010 ethnic conflict in the southern provinces of Osh and Jalalabad, inhabited by predominantly ethnic Kyrgyz and Uzbek communities, the country still faces the challenges of a corrupt and skewed judicial system whose investigations have been marred by arbitrary arrests and torture. The court proceedings and investigations into the killings of over 400 people during the conflict have failed to resolve the pains of a transitioning state. Widespread torture and targeting of ethnic minorities among other groups remains an obstacle to the highly politicized judicial processes. “In Kyrgyzstan investigations are compromised because the investigative body is still the Ministry of Internal Affairs with prosecutorial supervision. The complaints are usually made against operative officers who are also under the Ministry. These complaints are made because police officers are torturing in the context of an investigation so there is inherent conflict for both the prosecutors and the Ministry,” says Sarah King, Human Rights Program Manager at the Tian Shan Policy Center in Bishkek. 

Published in Field Reports

By Oleg Salimov (05/21/2014 issue of the CACI Analyst)

Turkmenistan’s President Gurbanguly Berdimuhammedov visited Tajikistan on May 5-6 2014. During his visit, Berdimuhammedov met with Tajikistan’s president Emomali Rakhmon and the speaker of the lower chamber of Tajikistan’s parliament Shukurjon Shukurov. The transportation and energy sectors, and cooperation in the socioeconomic sphere dominated the bilateral dialogue.

The visit of Turkmenistan’s president to Tajikistan was preceded by a meeting of the Turkmen-Tajik intergovernmental committee on trade-economic and scientific-technological cooperation in Ashgabat and Tajikistan’s Minister of Foreign Affairs Sirojiddin Aslov’s visit to Turkmenistan’s capital in April 2014. Both events were used to formulate and coordinate the points of interest to be discussed during the upcoming presidential visit.

The visit resulted in nine signed agreements out of a prospective ten, as reported by Tajikistan’s presidential administration. They included intergovernmental acts on cooperation in transportation, economics, tourism, culture, education, legislature, and foreign affairs. In a joint statement, both presidents emphasized the importance of expanding partnership in transportation, energy, industry, trade, and agriculture. As a separate item, the presidents mentioned socioeconomic development in Afghanistan as a prerequisite for mitigating regional threats including terrorism and trafficking in drugs and human beings.

In a separate statement, Rakhmon accentuated the closeness of both countries’ interests in a number of undertakings. At the same time, the evolving collaboration between Tajikistan and Turkmenistan is best described as intermediate cooperation with the final objective of reaching their principal economic partners – Russia for Tajikistan and China for Turkmenistan. Although the countries indicate their regional dependency and increased trade turnover, which reached US$ 119 million in 2013, they present insignificant political and economic value for each other.

The divergence of the countries’ interests can be seen in their distinct interpretations of the visit’s purpose. According to the official press release of Tajikistan’s presidential administration, the central theme and objective of the visit revolved around the Turkmenistan-Afghanistan-Tajikistan railroad. At the same time, Turkmenistan identified the expansion of its energy export capabilities as a substantial part of the dialogue. For Tajikistan, the railroad through Turkmenistan is a means for reaching Caspian seaways and reduced-tariff Russian oil reserves as a preference in return for stationing a Russian military base in the country. For Turkmenistan, Tajikistan’s territory is a shortcut for delivering its natural gas to China via a fourth pipeline and for diversifying its exports.

In September 2013, Turkmenistan and China reached agreement on a fourth natural gas pipeline which can potentially go through Tajikistan’s territory. According to China Petroleum Corporation (CNPC), Turkmenistan consented in a contract signed in 2007 to a yearly export of 30 billion cubic meters (bcm) of natural gas to China in the next 30 years. In about 5 years, from 2009 to 2013, Turkmenistan delivered only 69 bcm, and thus lags behind in delivering another 81 bcm to China. The pipeline though Tajikistan can increase the amount of exported natural gas while reducing the price of delivery. Consequently, for Turkmenistan, which has already started the construction of its part of the railroad, questions regarding its energy export prevailed over other subjects in the agenda of the presidential visit.

For Tajikistan, the prospect of finalizing the three-country railroad is still murky. The project, which must be completed in 2015, was the object of a recent diplomatic mishap between Tajikistan and Turkmenistan. In a statement on January 2014, Amonullo Khukumatullo, the head of Tajik Railroad, announced that an agreement had been reached between Tajikistan and Afghanistan on the final version of the Tajik part of the railroad. Khukumatullo’s announcement provoked immediate protests from Turkmenistan, and was seen as excluding Turkmenistan from the decision-making process and as damaging to the three-sided project. Besides the absence of a compromise version of the Tajik part of the railroad, the lack of funding further reduces the chances of accomplishing the project as planned.

Regardless of whether the railroad objective is achieved, Tajikistan’s cooperation with Turkmenistan presents viable means for resolving its energy crisis. The transit of Turkmen natural gas to China can result in a bargain or preferences for Tajikistan. The discussion between the two presidents also included the possibility of extending a Turkmen electric energy line from Afghanistan to Tajikistan. In 2013, Turkmenistan produced over 18 billion kilowatts of electric energy, 2.6 billion of which were exported. Currently, Turkmenistan exports around 50 megawatt of electricity to Afghanistan and plans to increase it by up to 250 megawatt by the end of 2014, according to official Turkmen media. However, the possible financial constrains after the U.S. and NATO withdrawal can limit Afghanistan’s purchasing capacity. In such case, Tajikistan’s market will appear highly attractive for Turkmen electric energy export. 

Published in Field Reports

By Oleg Salimov (05/07/2014 issue of the CACI Analyst)

On April 23, Tajikistan’s President Emomali Rakhmon gave his annual address to parliament, summarizing the 2013 year and outlining priorities in Tajikistan’s development for 2014.

Tajikistan’s economy was the primary and most detailed part of the speech. Rakhmon called for higher participation in world trade processes, stressing the need for export increases. He outlined his vision of improving export through government assistance and fees reassignment. Rakhmon announced the state support to private production enterprises in 2014-2020, establishment of new free economic zones, and introduction of export fees on raw cotton, silk, and other raw materials to stimulate production manufacturing inside the country. Rakhmon is concerned with the lack of interest to production enterprises from Tajik entrepreneurs which are the engine for export increase in any country. In spite of similar statements in his previous address, the actual environment for entrepreneurship in Tajikistan worsened in 2013. The hopes of private sector for self-regulation and open dialog with the government were lost with the dismissal of its Coordination Council and arrest of its leader Zaid Saidov in May 2013.

The perspectives of export in Tajikistan depend greatly on the country’s ability to deliver its products to prospective consumers. The development of Tajikistan’s transporting infrastructure is the foremost task in expanding its export potential. Still, the address lacked detailed overview and particular means for resolving Tajikistan’s transporting isolation. Rakhmon referred to the Dushanbe – Kulma, China highway and Turkmenistan-Afghanistan-Tajikistan railroad as critical for the country’s economic development. At the same time, the president failed to mention that the highway to China, in fact a reconstruction of a Soviet-era motorway, evolves slowly and depends on financial assistance from China’s Export-Import Bank. Also, while Turkmenistan has entered active stages of railroad construction process, the Tajik part is still in its technical-economic substantiation phase of development. The railroad Dushanbe – Kurgan-Tube has stalled due to financial difficulties with Tajikistan once again placing its hopes on China’s investors. Moreover, the 2011 report on transportation and communication in Tajikistan prepared by the Asian Development Bank indicates the loss of 80 percent of Tajik transporting infrastructure system after independence. Among other shortcomings the report points out the low quality of existing roads and bureaucratic obstacles which force transit transport to seek alternative routes bypassing Tajikistan.

Rakhmon called for a shift of attention from agrarian to industrial sectors, whereas he has previously praised the progress in the country’s agrarian segment of economy. The improvement of socioeconomic conditions for farmers is seen as the primary objective for the Tajik government in 2014. Yet, Rakhmon avoided reporting on the progress of two key government acts, from 2007 and 2009, which define agrarian reform in Tajikistan. In 2013, Rakhmon spoke about required improvements in land rehabilitation, melioration system renovation, and seeds selection, the results of which were not mentioned in the current address. The proposition on higher export fees on raw cotton, which should stimulate manufacturing and industrialization, terminates the provision on simplifying raw cotton export as outlined in the 2007 act.

Another new step is the preparation for state enterprises involved in the exploration of natural resources to enter world financial markets in 2014. Rakhmon ties these hopes to the country’s potential in coal, gas, and oil extraction. However, according to the U.S. Energy Information Administration, in the period 1992-2013 Tajikistan’s consumption of petroleum, gas, and coal was continuously exceeding the country’s production capabilities. Also, according to a 2011 investment outlook report prepared for Tethys Petroleum, the largest investor in Tajikistan’s gas and oil industry, by Halyk Finance, an affiliate of the National Bank of Kazakhstan, the exploration of major oil and gas deposits in Tajikistan is still in its early stages of development and presumably outweighs risks over profit. Rakhmon’s expectations towards state enterprises stock trade potential hence seem unsubstantiated and premature.

Regarding Tajikistan’s foreign policy, the turmoil in Ukraine produced an ambiguous situation for a number of post-Soviet republics. The Tajik regime is still contemplating the appropriate reaction to the intensified West-Russia confrontation. The continuous silence on the crisis in Ukraine was present also in Rakhmon’s address to parliament. Rakhmon noted the difficulty of defining the course of the foreign policy for Tajikistan due to the increased complexity of international relations among world leaders. However, the calibrated advances towards Russia are visible in Rakhmon’s call to consider Tajikistan’s geopolitical location and the country’s reliance on its closest long-term partners. Rakhmon noted valuable spiritual-cultural and economic connections with Russia. Russia holds a leading position among foreign investors in the Tajik economy. The past year also saw the finalization of Russia’s military base extension in Tajikistan in exchange for privileges for labor migrants and tariff-free fuel supply to Tajikistan.

The relationships with Iran and Afghanistan were singled out into a separate group due to common ethnical heritage. The Tajik president also pointed out China as its main economic partner in Asia and the role of the U.S. and the EU as partners in fighting terrorism and drug trafficking in Tajikistan.

The general notion of the president’s address is the continuous growth of the country’s economy, ongoing socioeconomic improvements, improving business conditions, the progressive reduction of poverty, and overall prosperity in the conditions of a persistent world economic crisis. In a number of ways, the 2014 address is a paraphrased version from the year before. Both speeches are a compilation of the same general ideas, recurrent prospects, and motivational calls for action. Rakhmon’s address lacks a review of failures of the previous year and a sense of accountability. Accountability needs to be established through a system of control over the implementation of directives delivered in the annual address, while the results, whether negative or positive, should be presented and explained and relevant conclusions formulated. Otherwise, the address will remain the routine out-of-touch speech having little to no effect on the country’s developmental processes. 

Published in Field Reports

By Mina Muradova (05/07/2014 issue of the CACI Analyst)

The arrest of an Azerbaijani journalist and political analyst involved in public dialogue between Azerbaijan and Armenia could endanger people’s diplomacy within the Nagorno-Karabakh conflict resolution process.

Rauf Mirgadirov has been a correspondent in Ankara for the Baku-based newspaper Zerkalo (Mirror) for the last three years. His press accreditation was suddenly cancelled and he was asked to leave Turkey immediately. Mirgadirov arranged to leave Turkey by bus for Georgia, but was forced off the bus and deported to Baku, where he was arrested upon arrival. He is now under investigation by the Ministry of National Security.

According to Rachel Denber, Deputy Europe and Central Asia Director at Human Rights Watch, “The possible coordination between Turkey and Azerbaijan to return Mirgadirov to Azerbaijan without due process should be immediately and thoroughly investigated … Turkish officials brazenly snatched Mirgadirov up without cause and unlawfully returned him to Azerbaijan. These shameless violations should be investigated and those responsible should be held to account.”

Mirkadirov’s arrest three days after Turkish Prime Minister Recep Tayyip Erdoğan’s visit to Baku raised suspicions among many in Azerbaijan that the journalist’s arrest was the result of an agreement between Ankara and Baku. Some analysts believe the action is part of Erdogan’s campaign against the leader of the Islamic Hizmet movement, Fethullah Gülen. In early 2014, another Azerbaijani journalist of Turkish newspaper Today’s Zaman, Mahir Zeynalov, was deported from Turkey.

Yet, the difference between two cases is that Mirgadirov is suspected of spying for Armenia and the charges brought against him are high treason and espionage, which envisages a punishment from 10 years in prison to a life term sentence.

Mehman Aliyev, Director of the Turan news agency, said that Mirgadirov was forced to leave the country because of his government-critical articles. “Recently, he has criticized both Azerbaijani authorities and Erdoğan’s government for violations of human rights and democratic freedoms,” Aliyev said.

Mirgadirov promoted public dialogue between Armenia and Azerbaijan, which have not had diplomatic relations since the early 1990s due to the conflict over Nagorno-Karabakh. Azerbaijani prosecutors state that Mirgadirov is suspected of having transferred classified information about Azerbaijan’s political and military sectors to Armenian intelligence between 2008 and 2009, “including photos and schemes to be used against Azerbaijan.” They claim that these supposed meetings occurred in Armenia, Georgia and Turkey.

Prosecutors pointed out Laura Bagdasarian, an Armenian journalist who is known for her cooperation with the well-known Azerbaijani human rights activist Leyla Yunus, as an Armenian “intelligence agent.” Mirgadirov's lawyer, Fuad Agayev, predicted that “other local journalists and civil society activists who cooperated within the Bagdasarian-Yunus joint project could also be prosecuted.” On April 30, prosecutors began questioning journalists with connections to Mirgadirov as well as the Institute for Peace and Democracy led by Yunus.

A few days after Mirgadirov’s arrest, Yunus and her husband Arif Yunus were stopped at the airport when they were departing for an international conference in Brussels. The prosecutor-general’s office said the Yunus couple was detained on April 28 because they “tried to flee the country” after being summoned as witnesses in a criminal case. Yunus was released from detention after questioning by investigators and the office of her institute was searched. The prosecutor-general’s April 30 statement did not elaborate on the criminal case, but it said the criminal investigation would continue. Yunus says investigators asked her about her ties with Mirgadirov.

She noted that Mirgadirov took part in projects that were supported by Germany’s Friedrich Ebert Foundation, the British and Polish embassies, the EU and other international organizations and foundations and that were aimed at encouraging the peace process between two countries.

Yunus said, “I do not accept any charges against Mirgadirov and if he was arrested for contacts with Armenians within our projects, then let the government arrest me … The treason and espionage charges brought against Mirgadirov, an active participant of conferences and the projects implemented jointly with Armenian NGOs, are putting an end to visits of civil society activists of Azerbaijan to Armenia and to the enhancement of public diplomacy and civil society in Azerbaijan … It makes participation in ‘citizen diplomacy’ dangerous.”

The Azerbaijani government is deeply skeptical about the possible contribution of citizen diplomacy to resolving the long-lasting conflict. “People’s diplomacy is an important but not decisive element of the Armenian-Azerbaijani Nagorno-Karabakh conflict,” Deputy Foreign Minister Araz Azimov remarked on the sidelines of the Second Global Forum of open societies in Baku. “That is, if the people’s diplomacy plays the role of an impulse, then it will be possible to speak about the importance of its role in resolving the conflict. However, at the moment, we do not see any steps in this direction.”

Agayev, Mirgadirov's lawyer, stated that his client did not have access to classified information and that the charges are therefore groundless. “Maybe investigators have some photos or videos where Rauf sits with Armenians at one table. But it is not serious to arrest a prominent journalist based on that,” the lawyer said. Mirgadirov acknowledged his participation in various conferences hosted by international organizations in Armenia and other countries, where he represented Azerbaijani civil society groups and presented the interests of his country, but he said that his participation was legitimate. Agayev noted that Mirgadirov considered the charges to be bogus and intended to intimidate other human rights activists and journalists in the country.

The arrest comes just weeks before Azerbaijan assumes the rotating chairmanship of the Council of Europe's Committee of Ministers. According to CPJ research, Mirgadirov is the ninth journalist behind bars in Azerbaijan.

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The Central Asia-Caucasus Analyst is a biweekly publication of the Central Asia-Caucasus Institute & Silk Road Studies Program, a Joint Transatlantic Research and Policy Center affiliated with the American Foreign Policy Council, Washington DC., and the Institute for Security and Development Policy, Stockholm. For 15 years, the Analyst has brought cutting edge analysis of the region geared toward a practitioner audience.

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