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A/HRC/WGAD/2025/52

Opinion No. 52/2025 concerning Makhabat Tazhibek kyzy (Kyrgyzstan)

UNO-Arbeitsgruppe über willkürliche Inhaftierung (WGAD) · 2025-08-29 · en UN

Opinion; Subjects: KYRGYZSTAN, ARBITRARY DETENTION; [WGAD: UNO-Arbeitsgruppe über willkürliche Inhaftierung, willkürliche Haft; Groupe de travail sur la détention arbitraire; Gruppo di lavoro sulla detenzione arbitraria]

Volltext (verifizierbarer Originaltext)

GE.25-15055 (E) 201025 201025

Human Rights Council

Working Group on Arbitrary Detention

Opinions adopted by the Working Group on Arbitrary

Detention at its 103rd session, 25–29 August 2025

Opinion No. 52/2025 concerning Makhabat Tazhibek kyzy

(Kyrgyzstan)

1.

The Working Group on Arbitrary Detention was established in resolution 1991/42 of

the Commission on Human Rights. In its resolution 1997/50, the Commission extended and

clarified the mandate of the Working Group. Pursuant to General Assembly resolution 60/251

and Human Rights Council decision 1/102, the Council assumed the mandate of the

Commission. The Council most recently extended the mandate of the Working Group for a

three-year period in its resolution 51/8.

2.

In accordance with its working methods,1 on 11 February 2025, the Working Group

transmitted to the Government of Kyrgyzstan a communication concerning Makhabat

Tazhibek kyzy. The Government has not replied to the communication. The State is a Party

to the International Covenant on Civil and Political Rights.

3.

The Working Group regards deprivation of liberty as arbitrary in the following cases:

(a)

When it is clearly impossible to invoke any legal basis justifying the

deprivation of liberty (as when a person is kept in detention after the completion of his or her

sentence or despite an amnesty law applicable to him or her) (category I);

(b)

When the deprivation of liberty results from the exercise of the rights or

freedoms guaranteed by articles 7, 13, 14, 18, 19, 20 and 21 of the Universal Declaration of

Human Rights and, insofar as States Parties are concerned, by articles 12, 18, 19, 21, 22, 25,

26 and 27 of the Covenant (category II);

(c)

When the total or partial non-observance of the international norms relating to

the right to a fair trial, established in the Universal Declaration of Human Rights and in the

relevant international instruments accepted by the States concerned, is of such gravity as to

give the deprivation of liberty an arbitrary character (category III);

(d)

When asylum-seekers, immigrants or refugees are subjected to prolonged

administrative custody without the possibility of administrative or judicial review or remedy

(category IV);

(e)

When the deprivation of liberty constitutes a violation of international law on

the grounds of discrimination, based on birth, national, ethnic or social origin, language,

religion, economic condition, political or other opinion, gender, sexual orientation, disability

or any other status, that aims towards or can result in ignoring the equality of human beings

(category V).

1 A/HRC/36/38.

United Nations

A/HRC/WGAD/2025/52

General Assembly

Distr.: General

20 October 2025

Original: English

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1.

Submissions

(a)

Communication from the source

4.

Makhabat Tazhibek kyzy, born on 13 May 1991, is a national of Kyrgyzstan. She is a

journalist and the current Director of Temirov LIVE and Ait Ait Dese, which are,

respectively, a YouTube-based media outlet that investigates and reports on alleged

corruption among State and non-State actors in Kyrgyzstan and a YouTube-based project

aimed at popularizing human rights issues by performing and publishing folk songs. Her

usual place of residence is Bishkek.

5.

Ms. Tazhibek kyzy is married to one of the country’s leading anti-corruption

journalists, who is also the founder of Temirov LIVE and who was deported from

Kyrgyzstan.

(i)

Context

6.

According to the source, Ms. Tazhibek kyzy’s detention is consistent with the ongoing

campaign in Kyrgyzstan to stifle dissent, including by criminalizing independent media and

journalists. Journalists and bloggers covering major events, including alleged corruption

cases, have regularly faced intimidation, detention and interference.

7.

Constitutional changes in 2021 concentrated political power in the presidency by

eliminating the office of Prime Minister and reducing the size and powers of the legislature,

reportedly enabling the authorities to target human rights advocates and independent media

outlets.

8.

The constitutional changes in 2021 granted the President the power to appoint judges

and heads of law enforcement agencies. The Human Rights Committee has expressed

concern about the lack of independence and impartiality in the judiciary and reports of undue

government pressure on human rights defenders, lawyers, politicians, journalists and other

individuals for expressing their opinion, in particular opinions that are critical of the

Government’s initiatives, including the initiation of criminal proceedings against bloggers

and journalists. The Committee has called upon Kyrgyzstan to refrain from the use of

criminal prosecution as a tool to suppress critical reporting and to strengthen the protection

of bloggers, journalists, human rights defenders and government critics.2

9.

Despite these calls, criminal prosecutions for free speech and independent reporting

have continued. In January 2022, Ms. Tazhibek kyzy’s husband was arrested on drug charges

following months of surveillance and harassment, shortly after posting a video alleging

corruption involving family members of the Head of the State Committee for National

Security. Additional charges were brought for crossing a border illegally and falsifying

documents. The drug charges were dismissed but he was convicted of using forged

documents, stripped of his citizenship and removed from the country, despite having been

born in Kyrgyzstan.

10.

The authorities have blocked access to and shut down independent media outlets

against the backdrop of newly passed speech-restriction laws. The Law on Protection from

Unreliable (False) Information, signed into law in 2021, has been used to suppress

independent reporting. The Human Rights Committee has expressed concerns about

provisions of that law that allow executive bodies to block any Internet resource without due

process and without any preceding judicial oversight.3

11.

A draft law on mass media recently introduced in parliament is designed to

significantly restrict civil society organizations and the media. The Special Rapporteur on the

promotion and protection of the right to freedom of opinion and expression has expressed her

concern that the draft law would have severe implications for freedom of expression and

media freedom in Kyrgyzstan, creating far-reaching and disproportional powers for the

2 CCPR/C/KGZ/CO/3, paras. 37, 45 and 46 (a) and (b).

3 Ibid., para. 45.

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Government to regulate the online space.4 The Human Rights Committee has also expressed

concern about the law.5

12.

On 14 March 2024, the parliament adopted a law requiring non-governmental

organizations (NGOs) that receive foreign financial support and engage in broadly defined

political activities to register as foreign representatives. NGOs that fail to register could face

sanctions, including suspension of activities for up to six months without court approval.

NGO representatives could face up to five years in prison if convicted of activities causing

significant harm to citizens’ rights, society or the State.

13.

Lawmakers voted to adopt the law without debate in under 10 minutes, despite

widespread calls from international observers for amendments.

14.

The beginning of 2024 saw the continuing criminalization of journalists, including the

arrest of Ms. Tazhibek kyzy and 10 other current or former employees and affiliates of

Temirov LIVE and Ait Ait Dese in morning raids.

(ii)

Arrest and detention

15.

Between November and 26 December 2023, Temirov LIVE and Ait Ait Dese

published videos in which journalists, including Ms. Tazhibek kyzy, reported on

investigations into alleged corruption by the authorities. In one video, Ms. Tazhibek kyzy

criticized State officials, naming the President, for allegedly failing to address government

corruption. This video was later cited by authorities during their investigation.

16.

On 30 December 2023, the Ministry of Internal Affairs began investigating Temirov

LIVE and Ait Ait Dese. According to a resolution on initiating a criminal case filed on

13 January 2024, results of a “forensic linguistic examination” found that a YouTube video

entitled “I have no respect for officials who have occupied their positions for 30 years”,

featuring Ms. Tazhibek kyzy, “contained linguistic signs of calls for violent protests and mass

unrest through discrediting government bodies”.

17.

The source notes that the video did not contain any violent language or call for

violence. Rather, Ms. Tazhibek kyzy denounced the political leadership directly, stating:

“You can’t use the power given to you properly. You promise, but you don’t deliver. Why

do you take innocent ordinary people into custody, but not the leaders? … Those who tell the

truth, you detain one by one; the people have no choice but to exist. Conscientious people

are being forced to flee all over the world. To detain everyone who speaks their mind and

think this will solve all problems is uneducated.”6

18.

At approximately 6 a.m. on 16 January 2024, officers from the Investigation Service

entered and searched Ms. Tazhibek kyzy’s personal residence. After the search, they arrested

her and took her to the Temirov LIVE offices, where they searched the premises and seized

computer equipment and documents, including the birth certificate of her child.

19.

Ms. Tazhibek kyzy was not presented with an arrest warrant at the time of her arrest

or informed of the basis for her charges. The searches were conducted without legal counsel.

Officers did not inform Ms. Tazhibek kyzy of her rights to legal assistance and prohibited

her lawyer from entering the Temirov LIVE building during the search, claiming that she had

refused a lawyer – an allegation she later denied.

20.

Ms. Tazhibek kyzy was taken to the Main Investigation Department of the Ministry

of Internal Affairs, where she was detained and questioned. Her lawyer was initially denied

access and only allowed to see her after an hour. She was initially brought in as a witness and

then, after questioning, at approximately 8.45 p.m., she was presented with an arrest warrant

and charged as a suspect under article 278 (3) of the Criminal Code. She was transferred to

the temporary detention centre under the Ministry of Internal Affairs.

4 See https://kyrgyzstan.un.org/en/251211-un-special-rapporteur-expresses-concerns-draft-mass-media-

law-kyrgyz-republic.

5 CCPR/C/KGZ/CO/3, para. 45.

6 See https://youtu.be/MRIhMxCHyyQ?si=rn9KVLdTlnJVd9TQ.

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21.

On 17 January 2024, the Pervomaisky District Court considered the legality of her

detention. Access to the courtroom was limited to relatives; journalists were prohibited from

entering.

22.

Before the hearing, investigators announced the charges and gave her a copy of the

indictment, on which it alleged that “Ms. Tazhibek kyzy, via her audience on online social

networks, actively discredited the State power of the Kyrgyz Republic, thereby committing

such actions as would foster a negative opinion among citizens in regards to the policies

carried out by the Head of State and encouraged citizens to secretly overthrow the current

Government and participate in mass unrest actions in an attempt to seize power by force”.

She was also charged as an “organizer” under article 41 (2) of the Criminal Code.

23.

The resolution on initiating a criminal case did not specify which statements were

considered calls for mass disorder. It only contained reference to a video featuring

Ms. Tazhibek kyzy dated 13 December 2023, stating that “a user named Makhabat Tazhibek

kyzy made a video message calling for discrediting government bodies, and these messages

could lead to various riots”. Despite the legality of the charges depending on the forensic

linguistic report, her lawyer was not allowed to access the report until just before the

detention hearing and was not provided a copy or allowed to take notes.

24.

The Court held that pretrial detention was lawful and ordered her detention for two

months (until 13 March 2024) in remand centre No. 21. However, Ms. Tazhibek kyzy was

not transferred until 29 January 2024, that is, 14 days after her arrest and 13 days after the

court decision. During this time, the Ombudsman Institute visited her and sent a letter asking

for an explanation for why she and other detained journalists had not been transferred to the

pretrial detention centre.

25.

The authorities only transferred Ms. Tazhibek kyzy after representatives from the

National Centre for the Prevention of Torture visited and issued a public statement

demanding immediate transfer, stating that “further detention in the temporary detention

facility would be considered torture”.

26.

The temporary detention facility in which Ms. Tazhibek kyzy was held for the first

14 days was under the jurisdiction of the Ministry of Internal Affairs, the same body that had

arrested and charged her. Representatives of the Ministry allegedly had unrestricted access

during this period. Investigators reportedly attempted to conduct multiple interrogations in

the absence of legal counsel and threatened to transfer her 11-year-old child into State

custody.

27.

On 19 January 2024, Ms. Tazhibek kyzy’s lawyers appealed the detention order.

28.

On 5 February 2024, the Bishkek City Court considered the appeal. Ms. Tazhibek

kyzy was transferred in handcuffs with a large police convoy and brought before the court in

a metal cage. Her legal counsel argued that individual personal circumstances had not been

taken into account and that the Court’s decision did not explain why alternative measures

could not be applied. The Prosecutor focused primarily on the gravity of the alleged offence.

29.

A three-judge panel issued a ruling fully rejecting the appeal, holding that “there are

sufficient grounds to assume that the accused, if released, may hide from the pretrial

proceedings body or the court, hinder the conduct of the case and continue to engage in

criminal activity and cause harm”. The Court upheld the decision to hold Ms. Tazhibek kyzy

in pretrial detention until 13 March 2024.

30.

On 12 March 2024, the Pervomaisky District Court reviewed whether the pretrial

detention of Ms. Tazhibek kyzy was still appropriate. The Court considered a motion

requesting the extension of her detention for two months, until 13 May 2024, citing reasons

such as the investigative process not being completed and the seriousness of the alleged

crime. Defence counsel was not provided with a copy of the motion before the hearing and

was only allowed to read it immediately before. The Court extended the period of detention,

citing the prosecution’s need for further investigation.

31.

On 5 April 2024, Ms. Tazhibek kyzy filed a complaint against staff of the pretrial

detention facility, detailing mistreatment in detention. She alleged that, on 4 April 2024, she

and other female inmates had been beaten by facility staff. The physical assault was

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subsequently confirmed by Ombudsman Institute representatives who found that

Ms. Tazhibek kyzy had bruises on both hands, on her face (left side of the jaw) and at her

left armpit. However, the staff of the facility refused to allow the Ombudsman Institute to

take pictures or videos.

32.

Ms. Tazhibek kyzy’s trial took place before the Lenin District Court from 7 June 2024

to 12 September 2024. The prosecution relied principally on expert testimony. The experts

struggled to identify specific videos in which mass riots were called for and could identify

only two phrases: “Freedom is not given; you need to fight for freedom” and “With revolution

comes crime; there is no evolution”. Even for those phrases, experts clarified that the words

themselves did not alone indicate calls for mass riots but that such calls allegedly stemmed

from the context because the defendant “conveys negative information in all the videos”.

33.

On 10 October 2024, the Lenin District Court issued its judgment, stating that

Ms. Tazhibek kyzy had allegedly “engaged in deliberate and baseless defamation of

government institutions” and “expressed dissatisfaction with the current Government, aiming

to subtly persuade the audience to consider changing the regime”. The Court found her guilty

under articles 41 (2) and 278 (3) of the Criminal Code and sentenced her to six years in

prison.

34.

The judgment referenced expert testimonies but failed to address inconsistencies

identified by defence counsel, stating that the videos “contained linguistic markers of calls

for mass unrest”.

35.

The Court noted that Ms. Tazhibek kyzy had a dependent minor child and directed

authorities to find a solution for the child’s care. However, rather than allowing the child to

remain with relatives, authorities are seeking to commit the child to State care.

36.

On 18 December 2024, the Bishkek City Court confirmed her sentence.

37.

Ms. Tazhibek kyzy is currently being held at in a pretrial detention facility.

(iii)

Legal analysis

38.

The source argues that the arrest and detention of Ms. Tazhibek kyzy are arbitrary

under categories I, II, III and V of the Working Group.

a.

Category I

39.

The source argues that Ms. Tazhibek kyzy’s detention lacks legal basis because it is

based on an excessively broad and vague law and that her detention is disproportionate and

unnecessary, in violation of article 9 of the Covenant.

40.

The source recalls that the Working Group has stated that one of the fundamental

guarantees of due process is the principle of legality, including the principle of certainty. It

has emphasized that, under the principle of legality, an act can be punished only if, at the

time of its commission, the act was the object of a valid, sufficiently precise, written criminal

law and that vaguely and broadly worded provisions violate due process of law.7

41.

The source submits that the Working Group has consistently found that vague and

overly broad provisions that could result in penalties for individuals who merely exercise

their rights to freedom of expression cannot be regarded as consistent with international

human rights law. 8 It recalls that the Working Group has found that laws such as

article 278 (3) of the Criminal Code of Kyrgyzstan are impermissibly vague and fail to

provide a legal basis for detention.9

42.

Ms. Tazhibek kyzy was investigated and detained pursuant to article 278 (3) of the

Criminal Code, which prohibits “calls for active disobedience and for mass riots, as well as

calls for violence against citizens”. The source argues that there is no clear definition of

“disobedience”, a term so broad that it could encompass protected activities. The expert who

7 Opinion No. 10/2018, paras. 50 and 52.

8 Opinion No. 9/2018, para. 44. See also Human Rights Committee, general comment No. 34 (2011),

para. 25.

9 Opinions No. 8/2017, paras. 8–11, 36 and 38; and No. 9/2018, para. 44.

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analysed Ms. Tazhibek kyzy’s video appeared to equate “riots” with “mass unrest”, a vague

expression that could include peaceful demonstrations.

43.

The source argues that article 278 of the Criminal Code does not specify the requisite

connection between speech and potential harms, leaving individuals uncertain about criminal

exposure. It is stated in the resolution on initiating a criminal case that Ms. Tazhibek kyzy

“made a video message calling for discrediting government bodies, and these messages could

lead to various riots”. The authorities arrested Ms. Tazhibek kyzy based on fears that her

criticism might resonate with the public and potentially inspire unrest.

44.

The trial judgment provides additional evidence of the vagueness of article 278 (3).

Neither the prosecution nor the court identified specific calls for violence, instead conflating

government criticism with incitement to violence. The source asserts that the judgment was

insufficiently reasoned under article 14 (5) of the Covenant.

45.

The source asserts that article 278 of the Criminal Code is impermissibly vague and

cannot provide a basis for deprivation of liberty, rendering Ms. Tazhibek kyzy’s detention

arbitrary under category I.

46.

The source recalls that article 9 (3) of the Covenant provides that it shall not be the

general rule that persons awaiting trial are detained in custody. The Human Rights Committee

has stated that detention pending trial must be based on an individualized determination that

it is reasonable and necessary, taking into account all the circumstances.10

47.

The Working Group has found detention to be arbitrary where authorities failed to

conduct an individualized assessment. 11 Vague standards such as “public security” are

insufficient to justify pretrial detention: a “present, direct and imperative threat” must be

shown.12

48.

The authorities failed to substantiate the decision for pretrial detention and the Court’s

decision did not outline individualized, specific risks. Instead, the Court ruled that detention

was necessary because Ms. Tazhibek kyzy “is accused of committing a serious crime, which

poses a threat to ordinary behaviour. By continuing her criminal actions, she may continue

to have a negative impact on public opinion”. The source asserts the Court improperly relied

on vague standards and even referenced “public opinion”, which is an unacceptable

justification under article 9 of the Covenant.

49.

Personal circumstances, including her lack of prior convictions and the fact that her

dependent 11-year-old child would be left without care, were not considered. The Court

failed to assess whether alternative measures might be effective.

50.

The Bishkek City Court’s appeal decision similarly failed to set forth individualized

risks, holding that “there are sufficient grounds to assume that the accused, if released, may

hide from proceedings or continue to engage in criminal activity”, without identifying

specific facts or considering alternatives.

51.

In extending detention for an additional two months, the Court likewise did not engage

in individualized assessment, simply stating that the investigation process had not yet been

conducted, the crime was serious and the persons to be questioned were too large in number.

52.

Article 9 (1) of the Covenant provides that no one shall be deprived of liberty except

in accordance with procedures established by law.

53.

On 17 January 2024, the Court ordered detention at remand centre No. 21 until

13 March 2024. Under article 266 (6) of the Criminal Procedure Code, such orders must be

executed within 48 hours. However, Ms. Tazhibek kyzy was not transferred within 48 hours;

instead, she was held at the temporary detention centre for 13 additional days. This period of

detention did not comply with domestic legal procedure and was without legal basis under

category I of the Working Group.

10 Human Rights Committee, general comment No. 35 (2014), para. 38.

11 Opinions No. 56/2017, paras. 67 and 68; and No. 62/2017, paras. 45 and 46.

12 Opinion No. 44/2017, paras. 29 and 30.

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54.

Article 9 (2) of the Covenant provides that anyone arrested is to be informed, at the

time of arrest, of the reasons for arrest and is to be promptly informed of the charges.

55.

Ms. Tazhibek kyzy was arrested without an arrest warrant and without being informed

of the reasons for the arrest. She was not informed of the allegations against her when officers

first searched her home and detained her at 6 a.m. on 16 January 2024, nor when she was

taken to the Temirov LIVE office. It was not until 8.45 p.m. on that day, after interrogation,

that investigators informed her of charges under article 278 (3) of the Criminal Code and

presented an arrest warrant. The source argues this violated article 9 (2) of the Covenant.

b.

Category II

56.

The source asserts that Ms. Tazhibek kyzy’s imprisonment falls within category II as

her arrest and detention for posting videos that allegedly called for “active disobedience” and

incited “mass riots” violated her right to freedom of expression.

57.

Under article 19 (2) of the Covenant, everyone shall have the right to freedom of

expression. Article 19 (3) enumerates limited grounds for restricting freedom of expression

(including the protection of national security, public order and public health) and restrictions

must be necessary and proportionate.

58.

The Working Group has analysed whether restrictions on freedom of expression are

necessary and proportionate by assessing four factors: (a) whether the objective is sufficiently

important to justify limitation; (b) whether the measure is rationally connected to the

objective; (c) whether a less intrusive measure could have been used; and (d) whether the

severity of effects outweighs the importance of the objective.13

59.

The source argues that Governments seeking to justify restrictions on speech must

specifically identify relevant language that creates the threat.

60.

The resolution on initiating a criminal case, the indictment and the court decisions fail

to identify specific excerpts that entail appeals to violence in materials published by Ait Ait

Dese and Temirov LIVE. Authorities relied on vague pronouncements and possibilities of

unrest, without connecting this risk to actual language posing violent threats. The resolution

stated only that videos “could lead to various mass disturbances” without specifying or

providing evidence of actual disruption.

61.

The conflation of inciting disobedience or riots with defamation confirms the

disproportionate nature of the Government’s response. The resolution specifically quoted

Ms. Tazhibek kyzy saying that she had no respect for officials who had occupied their

positions for 30 years.

62.

The Working Group has held that proper remedy for defamation lies in civil rather

than criminal sanctions.14 The Human Rights Committee has held that imprisonment is never

appropriate for defamation and that no detention based on defamation charges may ever be

considered necessary or proportionate.15

63.

The indictment contains quotes from Ms. Tazhibek kyzy’s video, with excerpts

indicating that authorities conflated inciting disobedience with defamation. The indictment

refers to statements that political leaders “only think about their own pockets” and should

“create a glorious era” rather than “dismiss justice”. The indictment points to Ms. Tazhibek

kyzy’s proclamation of a “fight for freedom”, which was not a call to violence but an

invocation within the bounds of political discourse and government criticism.

64.

Ms. Tazhibek kyzy’s arrest has been widely condemned by international

organizations. The Office of the United Nations High Commissioner for Human Rights

expressed concern about authorities searching the premises of several independent media

outlets and temporarily detaining 14 journalists.16

13 Opinion No. 58/2017, para. 48.

14 Opinion No. 51/2017, para. 38.

15 See General comment No. 34 (2011).

16 See https://www.ohchr.org/en/statements/2024/01/comment-un-human-rights-office-spokesperson-

liz-throssell-freedom-expression.

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65.

The source concludes that Ms. Tazhibek kyzy’s detention violates her right to freedom

of expression.

c.

Category III

66.

The source argues that Ms. Tazhibek kyzy’s detention is arbitrary under category III

as she has been denied the right to due process.

67.

Ms. Tazhibek kyzy’s right to counsel was violated during arrest, interrogation and

pretrial detention. Under article 14 (3) (b) of the Covenant, all persons charged with a crime

have the right to communicate with counsel of their own choosing. The Human Rights

Committee has stated that States Parties should permit and facilitate access to counsel for

detainees in criminal cases from the outset of their detention.17

68.

Under article 14 (3) (d), individuals facing criminal charges are entitled to be informed

of the right to legal assistance immediately upon arrest.

69.

Ms. Tazhibek kyzy was not notified of her right to counsel upon arrest. Authorities

carried out searches at her residence and the Temirov LIVE office in the absence of her

lawyer, despite her immediate request for access. When her lawyer tried to enter the Temirov

LIVE building, officers claimed that she had refused a lawyer, which she later denied.

70.

Her lawyer was initially denied access to the Main Investigation Department and had

to wait an hour to meet his client.

71.

Ms. Tazhibek kyzy’s arrest and detention took place without legal counsel because of

apparent obstruction by authorities.

72.

Article 14 (2) of the Covenant guarantees that everyone charged with a criminal

offence has the right to be presumed innocent until proved guilty according to law. This right

imposes on prosecution the burden of proving the charge and requires that persons accused

must be treated in accordance with this principle.

73.

In accordance with article 14 (2) of the Covenant, all public authorities have a duty to

refrain from prejudging the outcome of a trial by refraining from making public statements

asserting the guilt of the accused.

74.

Authorities repeatedly made public statements about Ms. Tazhibek kyzy’s case,

prejudging the trial outcome. On the day of arrest, a report was published stating that

information calling for mass disorder had been found,18 amounting to prejudging her guilt.

75.

The President made public comments about detained journalists. In an interview on

19 January 2024, the President specifically mentioned Ms. Tazhibek kyzy as author of videos

allegedly calling for mass unrest, stating that there were “signs of calls for mass riots” in her

videos. The President characterized detained journalists as not professional journalists but

bloggers who twisted facts. He stated that authorities had been “forced to take preventive

measures” against those engaged in “denigrating State policy”.19 In another interview, on

7 February 2024, the President stated that some citizens, “under the guise of democracy,

spreading false information”, were “calling for unrest”.20

76.

On 29 January 2024, the Deputy Head of the Cabinet stated that the journalists had

made a mistake and that their detention was a disciplinary measure, describing the detention

as “a fatherly, brotherly duty … In some cases, the head of the family … must restore some

order”.21

17 General comment No. 35 (2014), para. 35.

18 See https://24.kg/obschestvo/284259_vmvd_nazvali_prichinu_provedeniya_obyiskov_ujurnalistov/.

19 See https://kabar.kg/news/svoboda-slova-zaderzhanie-blogerov-vyzov-na-dopros-rukovoditelei-ia-

ocherednoe-interv-iu-prezidenta-sadyra-zhaparova/.

20 See https://en.kabar.kg/news/sadyr-zhaparov-spoke-about-freedom-of-speech-and-human-rights-in-

kyrgyzstan/.

21 See https://kloop.kg/blog/2024/01/29/bajsalov-zayavil-chto-arest-11-zhurnalistov-temirov-live-eto-

mery-vospitaniya/.

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77.

On 28 September 2024, the President publicly implied the defendants’ guilt, stating:

“How can one deny the fact that they were paid money to sit on social networks and spread

false messages calling for unrest?”22

78.

These comments by high-level officials violated Ms. Tazhibek kyzy’s right to be

presumed innocent.

79.

Her right to be presumed innocent was also violated when she was brought before the

court in a metal cage on 5 February 2024. The Human Rights Committee has stated that

defendants should normally not be shackled or kept in cages during trials.23 No explanation

was given for keeping Ms. Tazhibek kyzy in a cage.

80.

The Human Rights Committee has explained that equality of arms under article 14 (1)

of the Covenant requires that each side be given the opportunity to contest all arguments and

evidence adduced by the other party.24

81.

The court relied extensively on prosecution experts’ testimony without considering

gaps in testimonies. During the trial, experts struggled to identify specific videos “calling for

mass riots”. One expert contradicted himself when asked to list exact videos. Neither key

expert could identify specific words calling for mass riots, except two phrases. The court’s

judgment simply listed expert reports and testimony, without critical analysis.

82.

The court’s overreliance on prosecution experts violates article 14 (5), establishing

the right to appeal. Exercise of appeal rights necessitates a duly reasoned written judgment:

if a court does not provide sufficient rationale, a defendant cannot effectively challenge the

decision.

83.

Ms. Tazhibek kyzy’s right to fair trial was therefore violated and her deprivation of

liberty is arbitrary under category III.

d.

Category V

84.

The source argues that Ms. Tazhibek kyzy was investigated, arrested and prosecuted

based on political opinions expressed in her capacity as a journalist for Temirov LIVE and

Ait Ait Dese, specifically in YouTube videos alleging corruption and criticizing officials and

government policy.

85.

Authorities have routinely used the State apparatus to target Temirov LIVE.

Ms. Tazhibek kyzy’s detention follows years of persecution of her husband, the founder of

Temirov LIVE, who was deported on charges widely believed to result from his criticism

and investigations into corruption. Ms. Tazhibek kyzy, who took over Temirov LIVE, was

targeted because she is seen as an extension of him.

86.

Kyrgyzstan has launched a campaign of harassment against other independent

journalists and bloggers who report critically on leadership. Other independent journalists

have been prosecuted under article 278 (3) of the Criminal Code.

87.

Ms. Tazhibek kyzy’s detention is situated within a wider crackdown on dissent. There

is an overlap between category II (freedom of expression) and category V (political opinion)

claims.

88.

The Working Group has stated that, where deprivation of liberty results from political

expression, there is strong presumption that it also constitutes discrimination based on

political views.25 This presumption is supported by official submissions asserting her arrest

was related to “discrediting government bodies”.

22 See https://kabar.kg/news/v-kyrgyzstane-svoboda-slova-vsegda-byla-est-i-budet-ocherednoe-interv-

iu-glavy-gosudarstva.

23 General comment No. 32 (2007), para. 30.

24 Ibid., para. 13.

25 Opinion No. 88/2017, para. 43.

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(b)

Response from the Government

89.

On 11 February 2025, the Working Group transmitted allegations to the Government

of Kyrgyzstan requesting detailed information by 14 April 2025 about Ms. Tazhibek kyzy’s

situation and the legal provisions justifying her continued detention and their compatibility

with international human rights law.

90.

The Working Group regrets having not received a response from the Government.

2.

Discussion

91.

In the absence of a response from the Government, the Working Group has decided

to render the present opinion, in conformity with paragraph 15 of its methods of work.

92.

In determining whether the detention of Ms. Tazhibek kyzy is arbitrary, the Working

Group has regard to the principles established in its jurisprudence to deal with evidentiary

issues. If the source has established a prima facie case for breach of international law

constituting arbitrary detention, the burden of proof should be understood to rest upon the

Government if it wishes to refute the allegations. In the present case, the Government has

chosen not to challenge the prima facie credible allegations made by the source.

93.

The source has argued that the detention of Ms. Tazhibek kyzy is arbitrary and falls

under categories I, II, III and V. The Working Group shall proceed to examine these in turn.

(a)

Category I

94.

The Working Group notes that Ms. Tazhibek kyzy was arrested without being

presented with an arrest warrant and was not informed of the reasons for her arrest at the time

of detention on 16 January 2024 at approximately 6 a.m. According to the source’s

uncontested submissions, officers from the Investigation Service of the Ministry of Internal

Affairs entered and searched her personal residence, arrested her and subsequently took her

to the Temirov LIVE offices, where they conducted additional searches and seized computer

equipment and documents, including the birth certificate of her child. The source submits

that Ms. Tazhibek kyzy was only informed of the charges against her at 8.45 p.m. that

evening, more than 14 hours after her initial arrest, when she was presented with an arrest

warrant and charged as a suspect.

95.

The Working Group recalls that article 9 (2) of the Covenant provides that anyone

who is arrested shall be informed, at the time of arrest, of the reasons for the arrest and shall

be promptly informed of any charges. It finds that, in the particular circumstances of the

present case, the 14-hour delay in presenting Ms. Tazhibek kyzy with an arrest warrant and

informing her of the charges constitutes a violation of article 9 (2) of the Covenant, which

requires that anyone arrested be informed at the time of arrest of the reasons for the arrest

and be promptly informed of any charges. The Working Group notes that the phrase “at the

time of arrest” establishes an immediate obligation that cannot be satisfied by eventual

compliance hours later. During the critical 14-hour period following her arrest, Ms. Tazhibek

kyzy was subjected to multiple intrusive procedures – including searches of her home and

workplace, seizure of personal documents, including her child’s birth certificate, and

interrogation – without being informed of the legal basis for those actions or her rights as a

detained person. The Working Group emphasizes that the right to be informed of the reasons

for arrest serves essential protective functions that cannot be fulfilled retroactively: it enables

detained persons to understand the basis for their detention, to mount an immediate legal

challenge if appropriate and to make informed decisions about their cooperation with

authorities. The authorities’ failure to comply with this fundamental safeguard for the

requisite 14-hour period constituted a substantial violation of Ms. Tazhibek kyzy’s rights

under article 9 (2) of the Covenant, regardless of their eventual compliance later that day.

96.

Moreover, the source argues that Ms. Tazhibek kyzy’s pretrial detention was

disproportionate and unnecessary and in violation of article 9 (3) of the Covenant. The

Working Group recalls that it is a well-established norm of international law that pretrial

detention is to be the exception and not the rule and that it should be ordered for as short a

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11

time as possible.26 Article 9 (3) of the Covenant provides that it shall not be the general rule

that persons awaiting trial shall be detained, but release may be subject to guarantees to

appear for trial and at any other stage of the judicial proceedings. It follows that liberty is

recognized as a principle and detention as an exception in the interests of justice. Moreover,

the need to continue the deprivation of liberty cannot be assessed from this purely abstract

point of view, taking into consideration only the gravity of the offence and using stereotyped

formulas without any individualized assessment or considering alternative preventive

measures.

97.

In the present case, the Working Group considers that, by failing to address specific

facts and alleged risks and consider alternative, less severe preventive measures, the

authorities failed to properly justify the pretrial detention of Ms. Tazhibek kyzy. The District

Court’s initial detention order relied on vague and impermissible justifications, stating only

that Ms. Tazhibek kyzy was accused of committing a serious crime that posed a threat to “the

order of ordinary behaviour” and that “by continuing her criminal actions, she may continue

to have a negative impact on public opinion”. The Working Group notes that such abstract

references to the gravity of the alleged offence and speculative concerns about “public

opinion” fail to constitute the individualized assessment required under article 9 (3) of the

Covenant. The court made no consideration of Ms. Tazhibek kyzy’s personal circumstances,

including her lack of prior criminal convictions, her role as the sole caretaker of a child, her

strong community ties or the fact that her parental responsibilities would serve as a natural

deterrent to flight. Furthermore, the courts failed to provide an individualized assessment,

relying instead on the formulaic assumption that there were sufficient grounds to assume that

the accused, if released, may hide from the pretrial proceedings body or the court, hinder the

conduct of the case in pretrial proceedings and court proceedings and may continue to engage

in criminal activity and cause harm, without identifying any specific facts supporting such

assumptions or considering alternative preventive measures. In the absence of any argument

to the contrary, the Working Group finds that Ms. Tazhibek kyzy’s detention violates

article 9 (3) of the Covenant.

98.

The above considerations are sufficient to conclude that Ms. Tazhibek kyzy’s

detention, being contrary to the requirements of articles 3 and 9 of the Universal Declaration

of Human Rights and article 9 of the Covenant, is arbitrary under category I.

(b)

Category II

99.

The source argues that Ms. Tazhibek kyzy’s detention falls within category II as her

arrest and detention violated her right to freedom of expression, guaranteed by article 19 of

the Covenant.

100.

The Working Group observes that the legal basis for Ms. Tazhibek kyzy’s detention

under article 278 (3) of the Criminal Code, punishable by up to eight years of imprisonment,

is impermissibly broad and vague, as the provision prohibiting “calls for active disobedience

to the lawful demands of representatives of the authorities and for mass riots” fails to provide

sufficient precision, as required for restrictions on freedom of expression. The Working

Group notes that there is no clear definition of “disobedience” in the law, a term so broad

that it could encompass a wide range of protected activities, and that, during the investigation

and trial proceedings, authorities appeared to equate “riots” with “mass unrest”, a vague

expression that could easily include peaceful demonstrations. The Working Group has

consistently found that vague and overly broad provisions that could result in penalties being

imposed on individuals who have merely exercised their rights to freedom of opinion and

expression cannot be regarded as being consistent with the Universal Declaration of Human

Rights or the Covenant. The Working Group recalls its recent opinion concerning nine

individuals from Kyrgyzstan, in which it found that article 278 (3) of the Criminal Code had

been employed to suppress legitimate criticism of the Government and that this provision, by

26 Opinions No. 57/2014, para. 26, and No. 8/2020, para. 54; Human Rights Committee, general

comment No. 35 (2014), para. 38; and A/HRC/19/57, paras. 48–58.

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criminalizing broad and vague concepts such as “disobedience” and “riots”, failed to meet

the rigorous standards set by article 19 (3) of the Covenant.27

101.

The Working Group notes that the authorities failed to identify any specific excerpts

in Ms. Tazhibek kyzy’s videos that constituted calls for violence or posed a genuine threat to

public order. The court decisions failed to identify any specific language that entailed an

appeal to violence in the materials published by Temirov LIVE and Ait Ait Dese. Instead,

the authorities relied on vague pronouncements and speculative possibilities of unrest,

without directly connecting this alleged risk to actual language posing a violent threat. The

investigative body, in its resolution, stated only that the videos “could lead to various mass

disturbances” in Kyrgyzstan, without providing any explanation of likelihood or causation.

During trial proceedings, prosecution experts struggled to identify specific videos in which

Ms. Tazhibek kyzy had called for mass riots, with one expert contradicting himself when

asked by defence counsel to list exact videos containing such calls. Neither of the two key

experts could identify specific words that called for mass riots, except for two phrases:

“Freedom is not given; you need to fight for freedom” and “With revolution comes crime;

there is no evolution”. Even with regard to those phrases, the expert admitted that the words

themselves did not alone indicate calls for mass riots.

102.

The Working Group emphasizes that article 19 (2) protects journalists and includes

the right of individuals to criticize or openly and publicly evaluate their Governments without

fear of interference or punishment. 28 The Human Rights Council has stipulated that

discussing government policies, reporting on corruption and expressing dissent should not be

subject to restrictions. 29 Ms. Tazhibek kyzy’s videos constituted legitimate journalistic

criticism of alleged government corruption. The assertion made in the indictment that

Ms. Tazhibek kyzy encouraged citizens to “secretly overthrow the current Government” is

not supported by any specific excerpts demonstrating violent threats, and her proclamation

of a “fight for freedom” was clearly within the bounds of protected political discourse and

government criticism.

103.

The authorities’ conflation of criticism with incitement to violence demonstrates the

disproportionate and unnecessary nature of the Government’s response. The resolution

specifically cited Ms. Tazhibek kyzy’s statement that she had no respect for officials who

had occupied their positions for 30 years, treating such criticism as evidence of calls for mass

disorder. The Human Rights Committee has determined that imprisonment is never an

appropriate penalty for defamation. 30 The authorities criminalized Ms. Tazhibek kyzy’s

legitimate exercise of her right to freedom of expression by treating government criticism as

tantamount to incitement to violence.

104.

The Working Group recalls its recent findings concerning nine individuals from

Kyrgyzstan, in which it concluded that article 278 (3) of the Criminal Code had been

employed to suppress legitimate criticism and that by misusing legal provisions to suppress

dissent, the authorities appeared to stifle public discourse, which was essential to democratic

governance and accountability. It also stated that the impugned provision had been wielded

as a tool of political repression rather than as a legitimate means of maintaining public order.31

The same pattern is evident in Ms. Tazhibek kyzy’s case, as authorities arrested and detained

her based on fears that her criticism might resonate with the public and potentially inspire

unrest, without any demonstration of actual threat or harm. Given the context of

Ms. Tazhibek kyzy’s work as a journalist investigating government corruption, the Working

Group finds that the basis for her arrest and detention was her exercise of freedom of

expression guaranteed by article 19 of the Covenant and article 19 of the Universal

Declaration of Human Rights.

105.

Therefore, the Working Group concludes that Ms. Tazhibek kyzy’s detention is

arbitrary under category II.

27 Opinion No. 57/2024.

28 Marques de Morais v. Angola (CCPR/C/83/D/1128/2002), para. 6.7.

29 Resolution 12/16, para. 5 (p) (i).

30 General comment No. 34 (2011), para. 47.

31 Opinion No. 57/2024, para. 105.

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13

(c)

Category III

106.

Given its finding that the deprivation of liberty of Ms. Tazhibek kyzy is arbitrary

under category II, the Working Group emphasizes that no trial should have taken place.

Nevertheless, since the trial took place and she was convicted, the Working Group will

examine whether these proceedings were consistent with international norms relating to the

right to a fair trial.

107.

The source submits that Ms. Tazhibek kyzy was denied access to legal counsel during

critical stages of her detention, in violation of her right to a fair trial. According to the source’s

uncontested allegations, Ms. Tazhibek kyzy was not notified of her right to counsel upon

arrest, and the authorities prevented her from accessing legal assistance during the searches

of her residence and office. The Working Group recalls that article 14 (3) (b) of the Covenant

guarantees the right of persons charged with a criminal offence to have adequate time and

facilities for the preparation of their defence and to communicate with counsel of their own

choosing at any time during their detention, including immediately after their apprehension,

and such access shall be provided without delay. The Working Group also recalls that,

according to principle 2 of the Basic Principles on the Role of Lawyers, detainees should

have access to effective counsel at the earliest appropriate time, and considers that this

principle is fundamentally related to the principle of equality of arms, as enshrined in article

2 of the Universal Declaration of Human Rights.

108.

In the present case, the Working Group notes that, after arresting Ms. Tazhibek kyzy,

the authorities carried out searches at her personal residence and subsequently brought her to

the Temirov LIVE office to conduct additional searches, all in the absence of her lawyer,

despite her immediate request for legal assistance. When her lawyer attempted to enter the

Temirov LIVE building during the search, investigative officers prohibited his entry, falsely

claiming that Ms. Tazhibek kyzy had refused a lawyer – an allegation she later denied.

Furthermore, when Ms. Tazhibek kyzy was transferred to the Ministry of Internal Affairs,

her lawyer was initially denied access to the building and was only allowed to see her after

an hour. The Working Group considers that this denial, when Ms. Tazhibek kyzy was

subjected to questioning and investigative procedures, deprived her of her right to legal

counsel at critical stages and exposed her to a risk of coercion. The Working Group finds that

these violations of Ms. Tazhibek kyzy’s right to counsel constitute a breach of

article 14 (3) (d) of the Covenant.

109.

The source alleges that Ms. Tazhibek kyzy’s right to be presumed innocent was

violated through public statements by high-ranking officials that prejudged her guilt before

trial and because she was seated in a metal cage during court proceedings.

110.

The Working Group notes that, under article 14 (2) of the Covenant, all public

authorities have a duty to refrain from prejudging the outcome of a trial by, for example,

refraining from making public statements asserting the guilt of the accused. In the present

case, the Working Group observes that, on the same day as Ms. Tazhibek kyzy’s arrest, the

official website of the Ministry of Internal Affairs published a report stating that information

calling for mass disorder had been found on the Ait Ait Dese and Temirov LIVE pages,

effectively declaring her guilt before any judicial determination. More significantly, the

President of Kyrgyzstan made multiple public statements prejudging Ms. Tazhibek kyzy’s

guilt while her case was pending. In an interview with the Kyrgyz National News Agency on

19 January 2024, just three days after her arrest, the President specifically mentioned

Ms. Tazhibek kyzy as the author of videos that allegedly called for mass unrest, stating that

there were signs of calls for mass riots in her videos. The President further characterized

detained journalists from Temirov LIVE as “not professional journalists” but “bloggers” who

twisted facts and manipulated and misled society, and stated that the authorities had been

forced to take preventive measures against those engaged in “denigrating State policy” and

“anti-constitutional calls”. In a subsequent interview, on 7 February 2024, the President again

commented on the detention, stating that the journalists, under the guise of democracy,

spreading false information, were calling for unrest. The Working Group finds that these

statements by the highest executive authority amounted to a declaration of Ms. Tazhibek

kyzy’s guilt and prejudged the assessment of facts by the competent judicial authority, in

breach of article 14 (2) of the Covenant and article 11 of the Universal Declaration of Human

Rights.

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111.

The Working Group also notes that Ms. Tazhibek kyzy’s right to be presumed

innocent was violated when she was brought before the Court in a metal cage without any

justification provided by the State. The Working Group recalls that the Human Rights

Committee has stated that defendants should normally not be shackled or kept in cages during

trials or otherwise presented to the court in a manner indicating that they may be dangerous

criminals. The Working Group notes that Ms. Tazhibek kyzy was not accused of violent

offences and presented no flight risk or danger to the public that might justify such restraints.

Thus, she had objectively justified fears that her confinement in a cage during the hearings

would project a negative image to the judges responsible for determining her criminal

liability and liberty. This also led to a violation of her presumption of innocence.

112.

The source alleges that Ms. Tazhibek kyzy’s right to a fair trial was violated through

the court’s overreliance on prosecution experts and the failure to ensure equality of arms

during the proceedings. The Working Group recalls that the Human Rights Committee has

explained that the principle of equality of arms, as guaranteed by article 14 (1) of the

Covenant, requires that each side be given the opportunity to contest all the arguments and

evidence adduced by the other party.32 The Working Group emphasizes that this principle

requires a fair balance between the parties, ensuring that each party is afforded a reasonable

opportunity to present their case under conditions that do not place them at a disadvantage

compared with their opponent.

113.

In the present case, the Working Group notes that the court relied extensively on the

testimony of prosecution experts without adequately considering the significant gaps and

contradictions in their testimonies. According to the source’s uncontested submissions,

during the trial proceedings, the prosecution experts struggled to identify specific videos that

called for mass riots, with one expert contradicting himself when asked by defence counsel

to list the exact videos containing such calls. Neither of the two key experts could identify

specific words that called for mass riots. The court’s judgment failed to address any of the

inconsistencies identified by the defence counsel during the trial.

114.

Regarding the source’s allegations on the defence’s inability to effectively challenge

the prosecution’s expert evidence, the Working Group recalls that the rules on admissibility

of evidence must not deprive the defence of the opportunity to challenge expert findings

effectively, particularly by introducing or obtaining alternative opinions and reports. The

principle of equality of arms requires that, where the prosecution relies heavily on expert

evidence as the primary basis for conviction, the defence must have meaningful opportunities

to contest such evidence through cross-examination, alternative expert opinions or other

procedural safeguards. In the present case, the court’s uncritical acceptance of contradictory

and inconclusive expert testimony, combined with its failure to address substantial challenges

raised by the defence, created an imbalance that favoured the prosecution and violated the

principle of equality of arms, enshrined in article 14 of the Covenant and article 10 of the

Universal Declaration of Human Rights.

115.

The Working Group observes that this violation was not remedied at the appeal stage,

as the appeal court upheld Ms. Tazhibek kyzy’s sentence without addressing the fundamental

procedural defects in the original trial. Article 14 (5) of the Covenant establishes the right to

appeal, and the Human Rights Committee has stated that the exercise of this right necessitates

a duly reasoned written judgment.33 If a court does not provide a sufficient rationale for

conviction and fails to address substantial procedural violations, a defendant cannot

effectively challenge the decision before a higher tribunal. The Working Group concludes

that the lack of adequate remedial measures at the appeal stage constitute violations of

articles 14 (1) and 14 (5) of the Covenant.

116.

Given the above, the Working Group finds that the violations of Ms. Tazhibek kyzy’s

right to a fair trial are of such gravity as to give her deprivation of liberty an arbitrary

character, falling under category III.

32 General comment No. 32 (2007), para. 13.

33 Ibid., para. 49.

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15

(d)

Category V

117.

The source alleges that Ms. Tazhibek kyzy was deprived of her liberty based on

discrimination resulting from her political opinions expressed in her capacity as a journalist

for Temirov LIVE and Ait Ait Dese, specifically through YouTube videos in which she

alleged corruption and criticized senior officials and government policy. The Government

has chosen not to address these allegations.

118.

The Working Group has found under Category II that Ms. Tazhibek kyzy’s detention

resulted from her legitimate exercise of freedom of expression through her journalistic work

investigating government corruption and criticizing political leadership. The Working Group

recalls that, where a deprivation of liberty results from political expression, there is a strong

presumption that the deprivation of liberty also constitutes discrimination based on political

views. This presumption is further supported by various official submissions by investigators

and prosecutors asserting that Ms. Tazhibek kyzy’s arrest was related to discrediting

government bodies, demonstrating that the authorities had targeted her specifically for her

critical political opinions.

119.

The Working Group observes the source’s uncontested submissions that Ms. Tazhibek

kyzy’s detention forms part of a broader pattern of State harassment against journalists

associated with Temirov LIVE and Ait Ait Dese, media outlets known for their investigations

into corruption and criticism of the President. It notes that Ms. Tazhibek kyzy’s detention

allegedly follows years of persecution of her husband, Temirov LIVE’s founder, who was

removed from Kyrgyzstan on charges widely believed to result from his outspoken criticism

and investigations into corruption. The authorities have routinely used the State apparatus to

target Temirov LIVE, and the facts indicate that Ms. Tazhibek kyzy, who took over Temirov

LIVE in her husband’s place, was targeted in part because she is seen as an extension of him

and his critical political views.

120.

In its recent opinion, the Working Group came to the conclusion that the detention of

nine journalists related to the same media outlets and also prosecuted under article 278 (3) of

the Criminal Code was based on discrimination resulting from their expressed political

opinions,34 reflecting a systematic pattern of targeting those who criticize the Government.

No information has been presented to depart from this conclusion in the present case. The

evidence demonstrates that Ms. Tazhibek kyzy was targeted and detained because of her

political opinions as expressed through her journalistic work. The timing of her arrest

following the publication of videos critical of the Government, the nature of the charges

against her under the vague provisions of article 278 (3) and the broader context of systematic

harassment of Temirov LIVE and other independent media outlets all indicate that she has

been discriminated against based on her political views.

121.

The Working Group therefore finds that Ms. Tazhibek kyzy’s detention constitutes a

violation of international law on the grounds of discrimination based on political opinion in

violation of articles 2 and 26 of the Covenant and articles 2 and 7 of the Universal Declaration

of Human Rights and is arbitrary under category V of the Working Group.

(e)

Concluding remarks

122.

The Working Group is deeply concerned by the systematic misuse of article 278 of

the Criminal Code of Kyrgyzstan to suppress legitimate criticism and silence independent

media, continuing the troubling pattern identified in opinion No. 57/2024 concerning nine

other journalists from the same media outlets. This case demonstrates that the authorities are

wielding this vague and overly broad provision as a tool of political repression to

systematically target journalists and civil society in violation of the international human

rights obligations of Kyrgyzstan. The Working Group calls upon the Government to

immediately cease its campaign of intimidation against independent media and undertake

urgent legislative reforms to bring article 278 into compliance with international human

rights law.

34 Opinion No. 57/2024.

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3.

Disposition

123.

In the light of the foregoing, the Working Group renders the following opinion:

The deprivation of liberty of Makhabat Tazhibek kyzy, being in contravention of

articles 2, 3, 7, 9, 10, 11 and 19 of the Universal Declaration of Human Rights and

articles 2, 9, 10, 14, 19 and 26 of the International Covenant on Civil and Political

Rights, is arbitrary and falls within categories I, II, III and V.

124.

The Working Group requests the Government of Kyrgyzstan to take the steps

necessary to remedy the situation of Ms. Tazhibek kyzy without delay and bring it into

conformity with the relevant international norms, including those set out in the Universal

Declaration of Human Rights and the International Covenant on Civil and Political Rights.

125.

The Working Group considers that, taking into account all the circumstances of the

case, the appropriate remedy would be to release Ms. Tazhibek kyzy immediately and accord

her an enforceable right to compensation and other reparations, in accordance with

international law.

126.

The Working Group urges the Government to ensure a full and independent

investigation of the circumstances surrounding the arbitrary deprivation of liberty of

Ms. Tazhibek kyzy and to take appropriate measures against those responsible for the

violation of her rights.

127.

The Working Group requests the Government to disseminate the present opinion

through all available means and as widely as possible.

4.

Follow-up procedure

128.

In accordance with paragraph 20 of its methods of work, the Working Group requests

the source and the Government to provide it with information on action taken in follow-up

to the recommendations made in the present opinion, including:

(a)

Whether Ms. Tazhibek kyzy has been released and, if so, on what date;

(b)

Whether compensation or other reparations have been made to Ms. Tazhibek

kyzy;

(c)

Whether an investigation has been conducted into the violation of

Ms. Tazhibek kyzy’s rights and, if so, the outcome of the investigation;

(d)

Whether any legislative amendments or changes in practice have been made to

harmonize the laws and practices of Kyrgyzstan with its international obligations in line with

the present opinion;

(e)

Whether any other action has been taken to implement the present opinion.

129.

The Government is invited to inform the Working Group of any difficulties it may

have encountered in implementing the recommendations made in the present opinion and

whether further technical assistance is required, for example through a visit by the Working

Group.

130.

The Working Group requests the source and the Government to provide the above-

mentioned information within six months of the date of transmission of the present opinion.

However, the Working Group reserves the right to take its own action in follow-up to the

opinion if new concerns in relation to the case are brought to its attention. Such action would

enable the Working Group to inform the Human Rights Council of progress made in

implementing its recommendations, as well as any failure to take action.

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131.

The Working Group recalls that the Human Rights Council has encouraged all States

to cooperate with the Working Group and has requested them to take account of its views

and, where necessary, to take appropriate steps to remedy the situation of persons arbitrarily

deprived of their liberty, and to inform the Working Group of the steps they have taken.35

[Adopted on 27 August 2025]

35 Human Rights Council resolution 51/8, paras. 6 and 9.