CiO regrets Ashgabad violence, urges Turkmenistan to conduct restrained, open investigation

LISBON, 11 December 2002 - Expressing his concern to hear of the attack on President Saparmurad Niyazov of Turkmenistan that occurred in Ashgabad on 25 November, the OSCE Chairman-in-Office, Portuguese Minister for Foreign Affairs Antonio Martins da Cruz, has called on Turkmenistan to investigate rapidly, but also to exercise restraint and transparency in the investigation process.

He expressed his concern about recent reports that suggest large numbers of people related to those suspected of being involved in the incident have also been subject to persecution, or even to arrest.

"Under any basic legal system, no person should be arrested for reason of family links or other relationship. Criminal investigations should be carried out according to the current legislation of Turkmenistan, including the Constitutional laws on house searches and on the procedure of opening criminal cases, which were approved two years ago," he said.

Foreign Minister Martins da Cruz said the Turkmen authorities - in their response to these events - should comply fully with their international human rights obligations and the OSCE commitments and standards to which they are committed.

He also reminded the Turkmen authorities to abide by internationally recognised legal procedures and the country's international obligations under its Constitution and international law. Among other things, this means ensuring that all those arrested have access to lawyers and that none of them suffers from torture or ill-treatment.

"All investigations should be carried out with maximum transparency and none of those arrested must be held in detention without charge," he added.

The CiO also urges the Turkmen Government not to lift the moratorium on the use of the death penalty, the adoption of which has been widely recognised as one of the country's major achievements.

Foreign Minister Martins da Cruz is particularly concerned about the fate of Batyr Berdiev, the former Foreign Minister and Turkmen Ambassador to the OSCE, and his family. He was reportedly arrested in Ashgabad several days ago.

The CiO expressed his wish that the OSCE Centre in Ashgabad should receive access to investigation files, such as the list of those arrested and/or those officially questioned in connection with the incident.