Vienna, November 29, 2024
We are deeply concerned about the recent detention of lawyer Samat Matsakov by Kyrgyzstan’s State Committee for National Security (GKNB). This incident, which follows a pattern of intimidation against legal professionals representing individuals accused of politically motivated charges, poses a significant threat to the right to defense and the independence of the legal profession in Kyrgyzstan.
The ongoing persecution of journalists and activists in Kyrgyzstan, including clients represented by Matsakov—such as Aktilek Kaparov, Akyl Orozbekov, Askat Zhetigen, and businessman Imamidin Tashov—illustrates the systemic violations of human rights and freedoms in the country. Reports of torture and unfair trials only serve to highlight the urgent need for accountability and protection of legal rights.
Reports indicate that Matsakov was taken into custody during a search of his home, with authorities allegedly confiscating materials related to his ongoing cases. This confiscation not only jeopardizes the integrity of his legal work but also constitutes a serious violation of attorney-client privilege, undermining the fundamental rights of clients to confidential legal representation. The confidentiality of lawyer-client communications and lawyers’ files is protected under international human rights law as a fundamental aspect of the right to a fair trial. This protection encompasses the prohibition of arbitrary interference with correspondence, privacy, and the sanctity of one’s home. Interfering with this confidentiality not only undermines the legal process but also erodes trust in the ability of lawyers to defend their clients effectively. Such actions can have a chilling effect on the right to legal counsel, ultimately compromising justice and due process. According to Article 30 of the Law of the Kyrgyz Republic On Advokatura and Attorney’ Activity the Kyrgyz Republic “All information obtained by an attorney or which became known to him while rendering legal assistance to his client are covered by attorney – client privilege”.
In an interview tih journalists Matsakov said: ‘This is because of my work as a lawyer. A criminal case was opened under the article ‘Fraud’, but they confiscated the voice recorder and discs in the case of Imamidin Tashov. I knew this would happen, because just last week it turned out that I was banned from travelling outside the country.’
Matsakov has defended clients accused of serious offenses in fabricated cases, including calls for the violent seizure of power, highlighting the precarious position of those advocating for justice in a politically charged environment.
Additionally, we note that Matsakov’s colleague lawyer Nursultan Janybekov, who is defending Matsakov’s interests, has also been summoned by the GKNB for questioning. This escalation of pressure on members of the legal community undermines the essential rights of fair legal representation, exacerbating an already repressive climate for both lawyers and their clients.
We call upon the Kyrgyz authorities to cease all forms of intimidation against lawyers and to uphold the principles of the rule of law and human rights.
We urge the international community and human rights organizations to monitor this situation closely and to advocate for the immediate release of Samat Matsakov and the protection of all individuals unjustly charged under politically motivated accusations.
Furthermore, we call on democratic countries to enforce sanctions against the perpetrators of human rights abuses that have been occurring in Kyrgyzstan since the administration of Sadyr Japarov and Kamchibek Tashiev took power. This ongoing persecution bears a striking resemblance to the actions seen in Tajikistan, where a scorched earth strategy was employed to systematically dismantle free media and obliterate human rights activities within the country. Imprisoning lawyers was a part of thi strategy.
Without sanctions that convey a clear message that the democratic West will not tolerate such behavior, these abuses are likely to continue unchallenged, further entrenching a culture of impunity and repression.
It is crucial that the state respects the independence of the legal profession and ensures that lawyers can perform their duties without fear of reprisal. The integrity of the justice system in Kyrgyzstan hinges on the protection of those who defend rights and freedoms, and it is imperative that these values are upheld.
