Activists at the demonstration in Bishkek. Photo from Kloop.kg
The state prosecutor’s office in Bishkek has declared illegal the current ban on public gatherings in the Kyrgyz capital until 1 July 2020, according to a statement on the agency’s website (in Russian).
Last week, Bishkek mayor’s office issued a decree instructing the local authorities of the city’s central Pervomayskiy, Leninskiy and Oktyabrskiy districts to restrict the holding of peaceful rallies, demonstrations and processions in the city, with the exception of state-organised events. The district authorities then sought and received court rulings banning public gatherings.
According to the prosecutor’s office, the courts’ decisions lack legal foundation and should be overturned, since article 34 of the Kyrgyz constitution grants all citizens the right of peaceful assembly. The office’s statement underlined that participants of public gatherings are not responsible for any failure to notify the authorities of plans to hold a peaceful assembly, or the incorrect filing of such notification. The agency has submitted a challenge to the courts’ decisions and an official complaint against the mayoral decree.
“State organs and organs of local self-government have a duty to respect and guarantee the right to peaceful assembly, without any distinction on the basis of sex, race, language, ethnicity, faith, age, political or other convictions, origin, financial or other standing, or other personal circumstances,” the statement says.
The prosecutor’s office stated that banning public gatherings is permissible when organisers and participants can be said to be conducting a propaganda war, promote ethnic, racial or religious hatred or gender-based or other social superiority, call to violate national security, social order and the rights and freedoms of other individuals, or assemble “with the express purpose of disrupting another assembly”.
Bishkek mayor’s office previously justified the ban as a prophylactic measure against the spread of the COVID-19 coronavirus, as well as in reference to the disturbances which occurred in the capital following the recent demonstration in support of jailed ex-deputy Sadyr Japarov.
On Sunday 8 March, local women’s rights organisations attempted to hold a march to celebrate International Women’s Day in Bishkek. The event was targeted by unknown men wearing masks and traditional Kyrgyz kalpak hats, who tore up banners and threw eggs at the participants. Instead of intervening, however, police arrested the activists. Bishkek police department later announced that they had fined six organisers and participants in the march and four of the attackers. They accused the organisers of the march of not informing police of plans to hold the event and said that it was the consequent lack of security measures that led to the violence. Aware of plans to hold the march as usual this year, the mayor’s office had previous banned symbols at the event.
Activists have vowed to hold another demonstration on 10 March to protest the harsh arrest of participants in the march and police inaction against those who attacked them.
