The Main Department of Internal Affairs of Bishkek, with the assistance of Akyikatchy (Ombudsman) of the Kyrgyz Republic Atyr Abdrakhmatova, took control of a criminal case regarding the rape of a minor.

In August 2022, a 43-year-old resident of one of the capital’s new buildings turned to the Ombudsman with a statement that in May 2020, in a house at the intersection of Panfilov/Leo Tolstoy streets, his 16-year-old daughter was raped by a certain Bekzhan using force. The parent found out about the abuse only two years later. The man asked for assistance from the Ombudsman, and also submitted an application to the internal affairs bodies.

The application was registered at the Pervomaisky District Department of Internal Affairs in Bishkek, however, following the results of the check, the investigator refused to initiate a criminal case due to the lack of corpus delicti. And then the district prosecutor’s office canceled the investigator’s decision, sending the case to another investigator of the Pervomaisky District Department of Internal Affairs, who opened a criminal case under Article 154 “Rape” of the Criminal Code of the Kyrgyz Republic, but then closed it.

After the intervention of the mayor’s office, the district prosecutor’s office canceled the investigator’s decision to close the criminal case and sent him to the Bishkek police department for investigation.

Ombudsman Atyr Abdrakhmatova personally and employees of the department for the protection of the rights of children, women and families of the Ombudsman Institute constantly kept this case under their attention.

At present, the criminal case on rape of a minor is taken under control by the Investigative Service of the Main Department of Internal Affairs of Bishkek.

Akyikatchy (Ombudsman) of the Kyrgyz Republic Atyr Abdrakhmatova took part in a round table on the presentation of monitoring the observance of the rights of girls from gender-based violence, schoolchildren on protection from crime, delinquency and violence in the city of Naryn, Naryn region.

In her welcoming speech, Atyr Abdrakhmatova noted that her goal as an ombudsman is to strengthen interaction between various bodies and organizations for the prevention and prevention of offenses. She also demanded that the prosecutor’s office react to the facts given in the monitoring materials.

The monitoring was carried out by the Institute of the Ombudsman of the Kyrgyz Republic (Akyikatchy) together with the League of Defenders of the Rights of the Child public foundation with the technical support of the Program Office of the UN Office on Drugs and Crime in the Kyrgyz Republic.

Interviews and group focus discussions were conducted among 700 students in grades 7-11, Naryn schools. Their goal was to identify the current situation with school racketeering and other manifestations of violence against children and youth in the city of Naryn in the Kyrgyz Republic.

41.46% of respondents answered that they need help to protect themselves from violence. At the same time, the responses of children of different ages differ significantly. Grade 7 students are more willing to directly state that they need help.

While already by the 8th grade, children obviously fall under the influence of the criminal subculture (adopt its values ​​and rules), which promotes a response to violence with violence, and not reporting the facts of an offense, a crime, keeping secrets within the community (teenagers, young people, influencing them). The wording of the answer “I can stand up for myself, but she (help) would not hurt” appears. Not a single respondent from the 8th grade students gave an unequivocal answer that he/she does not need help in protecting himself from violence.

“According to the study, school racketeering is a mass phenomenon in Naryn. At the same time, 17.6% of respondents face it every day. School racketeering is carried out mainly by high school students (48.32%) and adults (22.41%). At the same time, adults (parents, specialists working with children) enjoy the minimum trust of schoolchildren who are faced with racketeering, most of the children turn to a friend for help (58.15%),” said Nazgul Turdubekova, head of the League of Children’s Rights Defenders.

The report presents conclusions and recommendations.

The leading Spanish online publication “El Mundo Financiero” published details of the international conference “Mutual cooperation for the reliable protection of human rights and freedoms”, held in the city of Samarkand on February 23 this year. The material, published under the title “Mutual cooperation in the field of reliable protection of human rights and freedoms”, noted “the political will of President Shavkat Mirziyoyev in Uzbekistan, large-scale reforms in the field of democratization of the state and society, the establishment of democratic institutions, and the effectiveness of the work of the Ombudsman.”

According to the publication, the participants of the event stressed that ensuring equal opportunities in the exercise of human rights and freedoms, creating comfortable conditions for the disabled is one of the topical issues. “El Mundo Financiero” also noted the statistics reflecting the work done by the Ombudsman and community groups under the Ombudsman in 2022. Within the framework of the conference held on the occasion of the 28th anniversary of the establishment of the Institute of the Authorized Person of the Oliy Majlis for Human Rights, the Uzbek side signed bilateral memorandums of cooperation with the Ombudsmen of Hungary and Serbia and adopted the Samarkand resolution following the results of the international conference, the newspaper writes.

Also, the international conference was covered by the Indian media “Diplomacy India” and the information portal “Sarkaritel” published a number of articles about the details of the conference.

The Northern Regional Center of the Ombudsman of Azerbaijan launched a conference on ‘Heydar Aliyev and the ideology of Azerbaijanism’ in Guba in collaboration with the Guba regional branch of the State Committee on Religious Associations, the Guba District Executive Authority, and the Khachmaz Regional Culture Department’s Guba District Representative Office.

During the conference, the head of the Ombudsman’s Northern Regional Center, Bahruz Efendiyev, made a speech on “Heydar Aliyev and Human Rights”. In his speech, the participants were informed of the undeniable role of the National Leader Heydar Aliyev in protecting human rights, the normative and legal documents, and state programs on human rights. It was said that the policy based on fundamental principles such as democracy, rule of law, human rights, and social justice is successfully continued today.

At the end of the event, the questions of the participants were answered, and discussions were held.

To further promote and disseminate the messages of integrity and anti-corruption among young people, the CCAC specially organised the “Integrity Cup” Invitational Debate Competition 2023. Participating teams from six local higher education Institutions were invited to debate on some topics related to integrity. The participating students said they had more profound understanding of the work of integrity building and the relevant laws in the process of preparing for the competition. They believed that integrity building needs participation of all residents and everyone should take action proactively. The activity, first broadcast live on the CCAC’s channel on YouTube and the Facebook of the organising unit, attracted more than 500 online and offline viewers.

The annual seminar of the Office of the Ombudsman, which has been suspended for three years due to the epidemic, just resumed last week on 10 March at the Environmental Academy of the Environmental Protection Department (“EPD”). About 40 Justices of the Peace and expert advisers of the Office attended the seminar at The Ombudsman’s invitation. At the seminar themed “Environmental Protection – Law Enforcement with Smart Technology”, the EPD representatives shared their experience in applying smart technology to day-to-day complaint handling and law enforcement.

As it is known, a delegation headed by UN High Commissioner for Human Rights Volker Türk visited Uzbekistan on 13 March 2023.

On the same day, members of the delegation also met with the Authorized Person of the Oliy Majlis for Human Rights (Ombudsman) Feruza Eshmatova.

At the meeting, the guests were introduced to the main activities of the Ombudsman Institute, including work with appeals, cooperation with civil society institutions, monitoring visits to closed institutions with limited freedom of movement, international cooperation and public relations activities. In particular, it was noted that the Ombudsman will submit alternative reports on the implementation of international conventions to the relevant UN committees and that work in this direction will be further strengthened in 2023.

Also, F. Eshmatova, referring to the constitutional reforms, noted that the project provides for empowering the Ombudsman with the right of legislative initiative, which will serve to fill the gaps identified in the legislation in the course of studying citizens’ appeals.

During the dialogue, issues of further strengthening cooperation between Uzbekistan and the UN and its structures in the field of human rights protection were discussed.

The meeting was held in a constructive and friendly atmosphere.

During the hotline, deputies and human rights activists, employees of the office of the Commissioner for Human Rights in Tatarstan, representatives of relevant ministries and departments, replacing each other, answered calls, explained, and gave professional advice.

The problem of orphanhood is one of the most difficult to solve. Despite the measures implemented at various state levels, the low proportion of adopted children shows the need to improve the incentive system for citizens who want to adopt or take up children without parental care.

Today, during the day, the «hot line» – «Women’s attention» was working on the prevention of family problems, social orphanhood and domestic conflicts.

Among the questions received was the provision of housing for orphans. Many questions were received today from family members of the mobilized. Two Tatarstan residents applied about domestic violence.

Issues of family troubles are an important topic – for three years now, after signing an agreement with the Ministry of Emergency Situations of the Russian Federation for the Republic of Tatarstan, we have been daily receiving information from the 112 system. This is a line where urgent help is needed. Including within the framework of this & quot; hot line & quot; there are calls about an unfavorable situation in the family. Relatives, relatives, neighbors call. There are signals that people are leaving elderly people without attention and care, there are conflicts between spouses, which, ultimately, negatively affect the psychological state of children. There are calls with complaints that a spouse after a divorce is not allowed to communicate with children. There are many questions, and therefore today we, together with deputies of the State Council, colleagues from relevant ministries and departments, are receiving phone calls. We either immediately give answers, or we take requests to work.

«Hot line» – «Women’s attention» always arouses great interest. In total, about 30 calls were received today. Hundreds of calls received as part of this campaign helped to resolve issues of women’s health, labor rights and social support for women, placement of children in educational institutions, organization of school meals, etc.

The complainant submitted a complaint for a case where the Fine Arts Department
had issued the Announcement on the Reduction of the Area of Yala Mountain Prehistoric
Painting Archaeological Site in Lidol Subdistrict and Yala Subdistrict, Mueang Yala District, Yala Province. The complainant claimed that the Notification was illegitimate and gave favour to rock mining entrepreneurs and construction industry. The Notification resulted in the
reduction of the area of the archaeological site by 25% of its original area. The area
surrounding Yala Mountain is an archaeological site where the prehistoric colour paintings
from the period of Srivijaya empire dated around 30,000 years old have been found. Thus,
it is a significant heritage to the history of Yala province. Previously, four paintings were found in the area of Yala Mountain, but some were destroyed or damaged, due to rock-blasting
activity that had been going on for many years near the archaeological site by entrepreneurs
permitted by concession for rock-mining operation. The complainant also stated that the
rationale cited in the Announcement claimed that Yala Province and its surroundings were
experiencing problems with security issues, thus it was necessary to harvest rock from the
aforementioned area. Nevertheless, the complainant was of the opinion that Yala Province
and its surrounding areas did not lack rock resource as cited in the Announcement. Also,
the process of issuing the Announcement did not provide an opportunity for the people or
those whose interests are at stake, to be involved in providing recommendations or critiques,
in accordance with Section 77 Paragraph 2 of the Constitution, which states that “Prior to the
enactment of every law, the State should conduct consultation with stakeholders, analyse
any impacts that may occur from the law thoroughly and systematically, and should also
disclose the results of the consultation and analysis to the public, and take them into
consideration at every stage of the legislative process…”. This malfeasance of the Fine Arts
Department (FAD)’s action was inconsistent with its missions, roles and duties of caring,
safeguarding, protecting, conserving, nurturing, restoring, supporting, creating, publishing,
studying, researching, developing and inheriting arts and cultural heritage of the nation.
Therefore, the complainant believed the Announcement of FAD caused grievance or
unfairness or imposed an unnecessary or undue burden on the people, and requested that
the law or rule be amended, or the Announcement be withdrawn.

The Office of the Ombudsman requested the Director-General of FAD to provide facts and send documents as evidence. From the gathered information, it was found that Yala Mountain Prehistoric Painting Archaeological Site is located in the vicinity of Yala Mountain, which is a limestone mountain where rock-mining operations for construction industry take place. In the past, FAD conducted an archaeological survey and discovered fragments of pottery shards and pre-historic paintings. It is presumed that the area around Yala Mountain was a pre-historic residence, as the location is close to Pattani River and the mountain has rock shelters and bluff shelters suitable for habitation. FAD issued a notification to register and set the boundary for the archaeological site in 2001. Nevertheless, the concession for industrial rock-mining operations was already granted for the area around Yala Mountain before FAD had conducted an archaeological survey and registered it as an archaeological site. Therefore, such registration of an archaeological site resulted in overlap with the rock-mining concession area. Ever since then, entrepreneurs were constantly requesting FAD for a permission to continue their rock-mining operations in the area, as granted by the concession. FAD leniently granted their request under the condition that entrepreneurs must study the effects of the tremor and air pressure from rock-blasting on the archaeological site, along with requesting Yala Province to consider not extending the permit for rock-mining operations to entrepreneurs when the said permit expires. After the permit expired, the entrepreneurs sent a letter to the FAD Director-General requesting for a consideration to set apart the area of archaeological site out of the permitted rock mining area. They cited the economic necessity of doing this rock-mining business in the area, as well as repercussion that might lead to the insurgency in the southernmost provinces. FAD considered the requests of various government agencies and took the peace and economy of the southernmost provinces into account. In this regard, keeping the internal peace and building a good economic system for the people are missions that each and every governmental agency, regardless of branch or level, must keep in mind and put emphasize on, even if those agencies do not have directly related missions. Moreover, FAD considered the results of the evaluation and analyse of the tremor and air pressure from rock-blasting; which had no effect, due to a 775-metre distance of the operations away from the archaeological site.

Furthermore, it was found that the residents of Lidol Subdistrict and Yala Subdistrict,
along with civil society organisations and the Committee of the House of Representatives,
had discontentedly expressed their opposite viewpoints to the FAD’s Announcement. This was
in violation of the principle of good public governance, which stated that there shall be duty of
public servant to gather comment and pleasure of public and individual whose service
is provided so as to improve or recommend the superior to improve the administrative
procedure as appropriate. Moreover, the Yala Mountain Prehistoric Painting Archaeological Site is a public domain of the state. As such, people from any part of society can use their
constitutional rights to conserve, nourish and restore this national heritage. Additionally, the
Announcement on the Reduction of the Area of Archaeological Site is an administrative by-law. Even if it was issued lawfully by the FAD Director-General, there are no benefits given by this administrative by-law. As a result, after having been coordinated with the Office of the
Ombudsman, FAD exercised their power under the Administrative Procedure Act, B.E. 2539
(1996), which states that “A lawful administrative act which does not give rise to an advantage to a person for whom it is intended (a lawful non-beneficial administrative act) may be revoked, whether in whole or in part, with immediate effect or effect for the future as prescribed….” to revoke its Announcement on the Reduction of the Area of Yala Mountain Prehistoric Painting Archaeological Site, proclaimed in the Royal Gazette on February 2020.
Based on the aforementioned circumstance, the Ombudsman is of the opinion that
the complaint of the misfeasance of the Fine Arts Department to issue the Announcement
on the Reduction of the Area of Yala Mountain Prehistoric Painting Archaeological Site,
favoring the rock mining entrepreneur and construction industry, is a case where the
complainant has been received a proper redress or fairness. Per this complaint, it can be
recognized that the people and the civil society can, together, become the ears and eyes
and a mouthpiece to safeguard the property and historical heritage of the nation, to preserve
it for later generations. Finally, the Office of the Ombudsman has a strong will to coordinate
with related government agencies in fact-finding to solve the problem that occurred.

The Commissioner Against Corruption, Chan Tsz King, has led a delegation to visit Hong Kong again. They visited the Office of the Ombudsman of Hong Kong and met with the Ombudsman, Chiu Wai-yin.

Chan Tsz King stated that in addition to fighting corruption, the Commission Against Corruption also performs the function as the Ombudsman in order to supervise whether public departments perform their duties lawfully and safeguard residents’ rights and interests. Chan Tsz King pointed out that the CCAC has been stepping up effort in executing the retrospective review mechanism in recent years by including some of the handled cases into the list and reviewing if improvement has been made by the departments involved in a timely manner according to the opinions of the CCAC. He also pointed out that the CCAC has been striving to make complaint filing easier and more convenient for residents. At present, the use of the CCAC’s online complaint system is satisfactory and the CCAC will continue to encourage residents to file complaints online.

The Ombudsman Chiu Wai-yin welcomed the arrival of Commissioner Chan Tsz King and others for a visit and introduced the works and visions of the Office of the Ombudsman. She pointed out the importance of treating residents in an impartial way by the administrative departments and that cases resolved by mediation by the Office of the Ombudsman will not hinder residents from safeguarding their own rights through judicial means.

Ever since Macao implemented full resumption of normal travel, the CCAC has been striving to strengthen exchange and cooperation with the supervisory agencies in the surrounding regions. This is the second visit of the Commissioner Chan Tsz King following the visit to the Independent Commission Against Corruption of Hong Kong last week. The delegates who paid the visit to Hong Kong with Chan Tsz King included the Deputy Commissioner, Lam In Sang, and the Chief of the Cabinet of the Commissioner Against Corruption, Chan In Chio, among others. The Deputy Ombudsman of Hong Kong, So Kam-shing, and the Assistant Ombudsmen, Chak Shui-hang and Sara Tse, among others, also attended the meeting.