IFEX calls on Kyrgyz authorities to uphold their international human rights obligations by ceasing the wider use of criminal prosecution and abuse of legislation to systematically target independent media outlets, journalists, and other media professionals.
Ed. Note 13 November 2023: A previously published version included a set date of 3 November for the next hearing, which we have since corrected due to emerging information.
23 October 2023
Appeal to the Government of Kyrgyzstan: Stop Targeting Kloop Media and Uphold International Obligations to Protect Media Freedom, Freedom of Expression and Freedom of Association
IFEX, the global network of 119 member-organisations dedicated to promoting and defending the right to freedom of expression and information, is urging the authorities in Kyrgyzstan to withdraw their lawsuit to liquidate the Kloop Media Public Foundation and uphold their human rights obligations by refraining from the ongoing targeting of independent media and crackdown on free expression in the country.
On 28 August, the Bishkek city’s Prosecutor’s Office filed a lawsuit to liquidate Kloop Media. This lawsuit comes amid growing government pressure on the organisation, including a criminal investigation by the State Committee for National Security in relation to Kloop Media’s publications and the blocking of the Kloop Media website by the Ministry of Culture, Information, Sports and Youth Policy.
Following a report from the Ministry of Justice on Kloop Media’s absence from the media register, the lawsuit alleges that the failure to register as a mass media outlet and their engagement in media activity not listed in the organisation’s charter warrants liquidation under Kyrgyzstan’s civil law code. This is despite the fact it is not compulsory for online information platforms to register as media outlets. The lawsuit also relies on overbroad and vague allegations not supported under international human rights law, such as publishing “sharp criticism of the current government policy” and accuses Kloop Media of publishing information of a “negative nature, aimed at discrediting representatives” including the use of “hidden manipulation” that affects public opinion and “create[s] opposition” to the government. During the preliminary hearings on 23 October, the court rejected Kloop Media’s motion to suspend consideration of the lawsuit – the next hearing was set for 3 November but has since been rescheduled to a later date unknown.
The lawsuit is a blatant attempt at censorship that not only contradicts the Constitution of the Kyrgyz Republic, but also contravenes Kyrgyzstan’s international human rights obligations, noting that General Comment 34 of the International Covenant on Civil and Political Rights expressly outlines the importance of protections for speech deemed critical of public authorities, due to the particularly high social value of such discourse. As a current member of the UN Human Rights Council, Kyrgzstan has an additional responsibility to avoid such violations and uphold the rights to free expression and freedom of association.
This consistent targeting of independent media and growing levels of censorship in Kyrgyzstan is not new; IFEX members have been voicing their concerns in support of Kyrgyz members, the Media Policy Institute and Public “Association” of Journalists, on the Kyrgyzstan government’s undermining of pluralistic and independent public service broadcasting, its growing repression of press freedom and free expression, and increasing abuse of legislation, which has often mirrored Russian-style repressive elements.
This was observed earlier this year in June when civil society organisations urged lawmakers in Kyrgyzstan to refrain from passing amendments on the draft law “On Amendments to Certain Legislative Acts of the Kyrgyz Republic” (Law of the Kyrgyz Republic “On Non-Commercial Organizations” and the Criminal Code of the Kyrgyz Republic), hereafter referred to as the draft law “On Non-Commercial Organizations”, as it would stigmatise and restrict the activities of foreign-funded organisations. The law draws heavily from the 2012 Russian “foreign agents” law that was initially used to target non-governmental groups and recently expanded to include media, human rights defenders, lawyers and journalists accused of carrying out “political activities” with foreign funding in Russia. Kyrgyzstan’s pending draft law “On the Mass Media” also mirrors elements of Russia’s law on mass media, such as the imposition of more stringent registration and re-registration requirements on all websites as media outlets, including websites of national and international NGOs and professional organisations, and the enabling of government to approve or reject requests based on excessively vague and broad grounds for suspension and termination of media activities.
Kyrgyzstan’s continuing crackdown and ongoing abuse of legislation is fuelling the deterioration of freedom of expression, access to information, freedom of association, and civic space in the country. Accordingly, we call on the Kyrgyz government to assert its independent responsibility and obligations to promote and protect human rights by stopping the targeting of independent media and associations more broadly and ensuring the above rights are protected for the purpose of enabling a healthy democracy.
Kloop Media logo, 18 June 2007. By Kloop news website, Public Domain, https://commons.wikimedia.org/w/index.php?curid=93800201
Thus, we urge the Government of Kyrgyzstan to:
- Protect media freedom and freedom of association by withdrawing the lawsuit on liquidation of the Kloop Media Public Foundation, ceasing criminal prosecution, and unblocking the Kloop Media website;
- Stop the ongoing criminal prosecution of independent media outlets, journalists, and other media professionals and create an enabling environment conducive to freedom of expression, media freedom, freedom of association and an open civic space by ensuring they can work without fear of criminalisation, interference, censorship, or prosecution; and
- Uphold Kyrgyzstan’s responsibilities to promote and protect human rights as a member of the Human Rights Council by adhering to international human rights obligations to ensure freedom of expression and information, as well as the rights to freedom of association, under articles 19 and 22 respectively of the International Covenant on Civil and Political Rights.
We also request the UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association to:
- Call on the authorities in Kyrgyzstan to withdraw the lawsuit against the Kloop Media Public Foundation, cease criminal prosecution, and unblock the Kloop Media website;
- Call on the authorities to uphold their international human rights obligations to protect and promote freedom of expression and association, particularly as a member of the Human Rights Council, by ceasing the wider use of criminal prosecution and abuse of legislation to systematically target independent media outlets, journalists, and other media professionals;
- Follow up on relevant communications, such as the Communication to the draft “On Mass Media” law and Communication to the draft law “On Non-Commercial Organizations”; and
- Consider additional actions within the scope of your mandate, including sending further communications, undertaking country visits, making recommendations to improve the rights to freedom of expression and association, and taking other appropriate measures to protect and promote freedom of expression and media freedom in Kyrgyzstan.
