Distorted justice

During four days in June 2010, ethnic Uzbeks and Kyrgyz clashed in the southern Kyrgyz provinces of Osh and Jalal-Abad, killing more than 400 and destroying close to 2,000 houses. Horrific crimes were committed against people of both ethnicities. This report, based on more than 40 interviews with defendants, lawyers, and representatives of the authorities, as well as examinations of investigative and court documents, examines the authorities' administration of justice following the violence. Kyrgyz courts have sentenced many people to lengthy prison terms for alleged crimes committed during the violence. But the investigations and trials have been marred by threats, violence, and serious violations such as arbitrary arrest and unlawful detention, torture, and ill-treatment. Prosecutors have largely ignored or dismissed allegations and evidence of these violations, and courts have relied heavily on statements extracted under torture to convict defendants. These violations mainly affected ethnic Uzbeks, even though the Uzbek minority constituted the majority of victims from the violence, sustaining most of the casualties and destroyed homes. The profoundly flawed investigations and trials undermine efforts to promote reconciliation and fuel tensions that could lead to renewed violence. Distorted Justice calls on the Kyrgyz authorities to immediately enact a zero-tolerance policy for human rights violations during detention, and promptly and objectively investigate all allegations of torture, ill-treatment, and other violations of detainees' rights. The Kyrgyz government should also initiate a formal review process of all cases connected to the violence in the south, and conduct new investigations and trials in all cases in which there have been serious violations.