GRIN AND BEAR IT
How prisoners with disabilities are discriminated against in Kyrgyzstan
by Aleksandra Vasilkova
by Aleksandra Vasilkova
Back in May 2020, Kyrgyzstan announced amnesty to set handicapped people and people with disabilities free on parole.
However, none of them was amnestied.
However, none of them was amnestied.
6 months
amnesty will run during this period
10,000 people
this is the approximate number of people detained in prisons of Kyrgyzstan
4,000 people
this is the number of people with disabilities among prisoners, according to unofficial data
- The key message of this amnesty is to free people with disabilities and handicapped people.
However, according to latest data of GSIN [State Penitentiary Service], only 140 persons are eligible for amnesty under article 1 of the law, i.e. unconditional release, including 78 with outstanding financial claims. Thus, 44 people out of 140 prisoners eligible for amnesty under article 1 were freed, and none of them had disability.
I started exploring this issue and found out the mechanism of the penitentiary system: a person may have a disability status – have no leg or be blind, say – but he or she won't be eligible for amnesty as closed institutions do not carry out medical and social assessment [MSEK].
However, according to latest data of GSIN [State Penitentiary Service], only 140 persons are eligible for amnesty under article 1 of the law, i.e. unconditional release, including 78 with outstanding financial claims. Thus, 44 people out of 140 prisoners eligible for amnesty under article 1 were freed, and none of them had disability.
I started exploring this issue and found out the mechanism of the penitentiary system: a person may have a disability status – have no leg or be blind, say – but he or she won't be eligible for amnesty as closed institutions do not carry out medical and social assessment [MSEK].
Indira Sautova,
human rights activist
"In fact, no one there can certify a disability status."
- Why they do not carry out MSEK?According to the governmental decree No. 68 as of 2012, no assessment may be carried out in prisons. It's a kind of a legal collapse, when the state regulation violates constitutional rights. It is a sign of legislative problems.
- Has anyone tried to do something about it?The human rights community has asked the State Penitentiary Service [GSIN] to comment this situation. The agency said the decree was under revision. It turned out that the process was on for three years.
- What is the problem?Two state agencies of the republic – State Penitentiary Service and Ministry of Social Development – cannot reach an agreement. GSIN thinks that Ministry of Social Development must certify disability status in prisons. The ministry officials think quite the opposite.
"It's strange the situation gets no better, although the parliament has recently ratified the Convention on the Rights of Persons with Disabilities. In fact, today there must be a package of measures to protect the rights of PWDs both at large and in penal system."
An orphan from Osh
Photo courtesy
These are the legs of Osmon Aitiev. He is 33 years old now. Ten of them he spent in prison for the armed assault.
The man was born in Osh. He was raised in a local orphanage – parents left the boy who suffered from polio in the care of the state.
After Osmon reached lawful age, he started to live independently. He made friends, who, as the man said, set him up to a grave charge.
According to Aitiev, he never committed the crime – he just turned out to be in the wrong place at the wrong time. He was about to head for Karasu district, and his friends offered him to give him a lift on their car. On the way, they stopped and went out the car and left Osmon alone.
The guys came back in 20 minutes. Then they gave him a lift to his place and left.
A couple of days later, one of Osmon's friends – Azamat – was detained on suspicion of armed assault. He was tortured to tell about his accomplices.
As a result, police officers detained all, including Osmon. His friends talked the then young Aitiev into taking the fall as he was disabled and would not be imprisoned.
Osmon believed them and confessed to the robbery. There was no one around to talk him out of doing this rash act as he did not have close relatives. The police accepted this version without doubt despite the obvious physical defect of Aitiev, which, logically, should have prevented the young man from committing the robbery.
This story caused no doubts in the judge – he found him guilty. The convict Osmon was convoyed to prison, where he is serving sentence until now.
He lost his PWD status confirmed by documents at large after a while. When he stopped being a person with disability de jure, Osmon Aitiev was deprived of a chance to be set free on parole.
The man was born in Osh. He was raised in a local orphanage – parents left the boy who suffered from polio in the care of the state.
After Osmon reached lawful age, he started to live independently. He made friends, who, as the man said, set him up to a grave charge.
According to Aitiev, he never committed the crime – he just turned out to be in the wrong place at the wrong time. He was about to head for Karasu district, and his friends offered him to give him a lift on their car. On the way, they stopped and went out the car and left Osmon alone.
The guys came back in 20 minutes. Then they gave him a lift to his place and left.
A couple of days later, one of Osmon's friends – Azamat – was detained on suspicion of armed assault. He was tortured to tell about his accomplices.
As a result, police officers detained all, including Osmon. His friends talked the then young Aitiev into taking the fall as he was disabled and would not be imprisoned.
Osmon believed them and confessed to the robbery. There was no one around to talk him out of doing this rash act as he did not have close relatives. The police accepted this version without doubt despite the obvious physical defect of Aitiev, which, logically, should have prevented the young man from committing the robbery.
This story caused no doubts in the judge – he found him guilty. The convict Osmon was convoyed to prison, where he is serving sentence until now.
He lost his PWD status confirmed by documents at large after a while. When he stopped being a person with disability de jure, Osmon Aitiev was deprived of a chance to be set free on parole.
Three amnesties took place in ten years. Osmon Aitiev was not eligible for any of them. Although, he is a disabled person of group I from childhood and may apply for release because of his health condition.
- There's a financial side of the problem with disabled people in prisons. When the state recognises the status of a person with disability, it must provide him or her with social relief.
All matters related to the increase in the expenditure budget in our country are very sensitive. Therefore, the problem of PWDs in prisons cannot be solved for a very long time. For example, Osmon Aitiev being in prison was deprived of his disability pay in the amount of one thousand som (12.55 dollars) a month.
In the meantime, if we think reasonably, it will be clear that it's more expensive to hold a person in prison.
All matters related to the increase in the expenditure budget in our country are very sensitive. Therefore, the problem of PWDs in prisons cannot be solved for a very long time. For example, Osmon Aitiev being in prison was deprived of his disability pay in the amount of one thousand som (12.55 dollars) a month.
In the meantime, if we think reasonably, it will be clear that it's more expensive to hold a person in prison.
Indira Sautova,
human rights activist
"The state allocates 100 som (1.25 dollars) as per day food cost per inmate. In other words, we could really optimise budget costs due to amnesty."
Indira Sautova is now dealing with Osmon Aitiev's case. She said that the man almost served his time in prison. However, he won't be freed as his time in prison was increased due to his violation of prison rules.
In particular, his time was increased due to an episode with a phone, which the man bought three times from one of prison supervisors. Seven to ten days after the purchase, the prison guard "raided" the ward three times. In prison slang, the raid is a search of a ward for prohibited articles of the inmates.
Afterwards, the prison officer again sold the same phone to Osmon.
Once again, during the "raid" Aitiev broke down and tried to protect his property – he pushed the guards away with a crutch. His phone was seized, after all, he was placed into the isolation ward and then added four more years in prison.
Osmon received five more years to his prison term just because he was present during the quarrel between inmates and prison officers. The conflict ended up when one of the inmates threw a rock into the supervisor. Then almost all inmates left, and Osmon who could hardly walk remained guilty.
In particular, his time was increased due to an episode with a phone, which the man bought three times from one of prison supervisors. Seven to ten days after the purchase, the prison guard "raided" the ward three times. In prison slang, the raid is a search of a ward for prohibited articles of the inmates.
Afterwards, the prison officer again sold the same phone to Osmon.
Once again, during the "raid" Aitiev broke down and tried to protect his property – he pushed the guards away with a crutch. His phone was seized, after all, he was placed into the isolation ward and then added four more years in prison.
Osmon received five more years to his prison term just because he was present during the quarrel between inmates and prison officers. The conflict ended up when one of the inmates threw a rock into the supervisor. Then almost all inmates left, and Osmon who could hardly walk remained guilty.
Became a white crow
Photo courtesy
On this selfie, Artur Bekker is a free and totally healthy person. Now everything is different: he lives in prison No. 47 and he has only one leg.
Three years ago, he was convicted for robbery, during which the house owner shot him in a knee cap. The guy was delivered to hospital, where they saved his life first and cut his limb in a few days.
All this time when Artur was at the inpatient clinic, or about ten days, he was protected by the convoy. Then he was discharged and was immediately placed to the pre-trial detention centre once he recovered after the leg surgery.After the amputation, said Maria, sister of the man, Artur was in depression. His family were scared the young man would commit a rash act.
Three years ago, he was convicted for robbery, during which the house owner shot him in a knee cap. The guy was delivered to hospital, where they saved his life first and cut his limb in a few days.
All this time when Artur was at the inpatient clinic, or about ten days, he was protected by the convoy. Then he was discharged and was immediately placed to the pre-trial detention centre once he recovered after the leg surgery.After the amputation, said Maria, sister of the man, Artur was in depression. His family were scared the young man would commit a rash act.
Then court, verdict and prison followed.
Now Artur fully accepts what has happened to him. According to him, he still feels himself a white crow when he leaves the ward to take a walk. However, he does not wilt, is ready to fight for a chance to be freed, and is going to start his life from scratch.
In fact, it's unlikely that he can be amnestied despite the fact that the man has disability, which he shouldn't prove as it is obvious.
However, Artur is still a healthy man who has all limbs for the state as he does not have special documents.
Now Artur fully accepts what has happened to him. According to him, he still feels himself a white crow when he leaves the ward to take a walk. However, he does not wilt, is ready to fight for a chance to be freed, and is going to start his life from scratch.
In fact, it's unlikely that he can be amnestied despite the fact that the man has disability, which he shouldn't prove as it is obvious.
However, Artur is still a healthy man who has all limbs for the state as he does not have special documents.
In order to apply for release, Artur Bekker must go through medical and social assessment that will confirm his disability status. However, first he needs to obtain a national passport of the Kyrgyz Republic, which he does not have.
The young man was born in Siegburg, Germany. When the boy was 9 months old, his family – mother, two elder sisters and he – were deported from the Federal Republic of Germany. As a result, Artur has only an extract of his discharge from a German hospital.
When they arrived at Bishkek, Bekker's mother left children to her parents and went to the UAE to earn money.The boy was growing up without documents. First, he entered school without a birth certificate, his grandmother arranged this matter with the principal. The lack of identity documents did not stop police officers from detaining the man.
The young man was born in Siegburg, Germany. When the boy was 9 months old, his family – mother, two elder sisters and he – were deported from the Federal Republic of Germany. As a result, Artur has only an extract of his discharge from a German hospital.
When they arrived at Bishkek, Bekker's mother left children to her parents and went to the UAE to earn money.The boy was growing up without documents. First, he entered school without a birth certificate, his grandmother arranged this matter with the principal. The lack of identity documents did not stop police officers from detaining the man.
- Many prisoners in our penitentiary system have no passports. Now the State Penitentiary Service is providing passports to inmates; however, state bodies provide documents only to those inmates who have birth certificates, who have lost their passports. The rest remain without identity documents.
Indira Sautova,
human rights activist
- Kyrgyzstan has no cases of class-action suits against the state on behalf of PWDs over default on constitutional guarantees. People with disabilities survive in prisons.
Some of them die there, others go at large. In any case, they are not allowed to write mass petitions. Moreover, they are scared of doing so.
PWDs are in vulnerable situation anyway. They are scared: if an inmate files a complaint (to superior authorities - author), various sanctions, punishments can be applied to him or her. So, they just grin and bear it.
Some of them die there, others go at large. In any case, they are not allowed to write mass petitions. Moreover, they are scared of doing so.
PWDs are in vulnerable situation anyway. They are scared: if an inmate files a complaint (to superior authorities - author), various sanctions, punishments can be applied to him or her. So, they just grin and bear it.
Indira Sautova,
human rights activist
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