The name Samat Matsakov is one you often hear spoken in Kyrgyzstan these days. The defense lawyer was arrested on November 29, 2024, with the Kyrgyzstani State Committee for National Security (GKNB) accusing him of fraud and forgery of documents related to his professional activities. While Matsakov’s arrest is the latest in an growing series of arrests widely regarded as politically motivated in Kyrgyzstan, he is the first defense lawyer to have been targeted, prompting serious concern that his case could set a dangerous precedent.
Prior to his arrest, Matsakov worked on several high-profile cases involving critics of the government. Matsakov defended journalists from Temirov Live, who were prosecuted in retaliation for their work investigating high-level corruption. He also defended the poet and musician Askat Jetigen, who faced criminal charges after criticizing Kyrgyz President Sadyr Japarov on social media. And he represented opposition politician and entrepreneur Imamidin Tashov. Tashov, a former presidential candidate, reported being tortured in custody, and recently harmed himself as he stood in the dock in a Bishkek courtroom, after his term of pre-trial detention was extended. Tashov has been under arrest since April 2024 on suspicion of calling for the seizure of power in a politically controversial case.
Following his arrest, a local court remanded Matsakov to custody until December 30, 2024 pending investigation into the charges levelled against him of large-scale fraud (Article 209 of the Criminal Code) and forgery of documents (Article 379 of the Criminal Code). Initially, the GKNB did not publicly comment on the case. However, on December 5, it issued a statement accusing Matsakov of stealing $22,000 through his connections with judiciary officials, and forging documents to cover up this alleged crime.
Lawyers and members of civil society have highlighted serious procedural violations committed by authorities in connection with the legal actions taken against Matsakov. For instance, Matsakov’s home was searched without a warrant, and case documents related to his defense of Tashov were seized, even though they were not related to the charges against the lawyer. Matsakov was also not allowed to notify his family in a timely manner after his arrest, and was not immediately allowed contact with a lawyer. Later, Matsakov’s lawyer, Nursultan Zhanibekov, was also questioned by GKNB officials in connection with the case.
Moreover, the hearing for remanding Matsakov in custody was rushed through, and his defense was not allowed access to key documents in the case, because the GKNB cited investigative secrecy. When sanctioning Matsakov’s pre-trial detention, the court failed to take into account mitigating factors, such as Matsakov being the father of three young children and his clean criminal record. Following his detention, it was also reported that his relatives were not allowed to pass him food.
Matsakov’s lawyer colleagues have condemned his arrest. At a press conference held on December 4, lawyers demanded that Matsakov be released from custody immediately, and called the case “politically motivated.” They also said that this is “not just an attack on one person, it is a threat to the entire justice system and access to justice for citizens of the Kyrgyz Republic,” adding that the arrest “contradicts the basic principles of protecting the rights of lawyers, enshrined in international standards.”
In an earlier public statement, Kyrgyzstan’s Bar Association called on the authorities to comply with guarantees for the independence and integrity of the legal profession set out by national and international law in Matsakov’s case. The association also called for a thorough and objective review of the legality of the actions of the GKNB, including the seizure of materials related to his professional activities.
All this is happening amid a widening crackdown in the country. In April, Kyrgyzstan adopted a “foreign agents”-style NGO law, which was widely criticized by the international community and members of civil society within Kyrgyzstan. The adopted law requires NGOs that receive foreign funding to register as “foreign representatives,” and introduced harsh control and requirements for such organizations, fostering a climate of “fear and self-censorship” in civil society.
The NGO law came alongside an intensifying crackdown on independent media, which has targeted numerous outlets and journalists. The award-winning outlet Kloop.kg was ordered to close by court decision; Azattyk, the Kyrgyz branch of Radio Free Europe/Radio Liberty also faced closure until they removed content which the authorities had deemed illegal; the 24.kg office was sealed for several months during a “war propaganda” investigation linked to its coverage of Russia’s war against Ukraine; and Temirov Live, an investigative outlet and its journalists also faced persecution, imprisonment and significant pressure. Journalist Makhabat Tazhibek-kyzy, the director of Temirov Live, was sentenced to six years of imprisonment, and one of her colleagues to four years in prison on politically motivated charges. The founder of Temirov Live, Bolot Temirov, had already been stripped of his Kyrgyz citizenship and expelled from Kyrgyzstan.
In a joint appeal, members of civil society criticized Matsakov’s arrest as “another link in a chain of growing repressions” in Kyrgyzstan. The group expressed particular concern about the impact of this case on the legal profession and the willingness and ability of lawyers to defend citizens. The group stated: “The detention of Samat Matsakov is a challenge not only to him, but to each of us who believe in rights, freedoms, and the rule of law. Keeping silent in such situations means [tacit] approval. We have no right to remain silent when the rights of those who protect us all are violated. We demand immediate action to restore the rule of law and trust in the judicial system.” The appeal demanded the unconditional release of Matsakov
U.N. Special Rapporteur on Human Rights Defenders Mary Lawlor expressed concerns about Matsakov’s detention, stating that it was “in apparent violation of procedural guarantees for the arrest and fair trial standards.” She added that lawyers “should be protected from harassment and persecution.”
Together with our partners Helsinki Foundation for Human Rights (HFHR) and the Norwegian Helsinki Committee (NHC), we at the International Partnership for Human Rights (IPHR) also criticized Matsakov’s arrest and called on the authorities to release him promptly and drop all charges against him unless they are supported by credible evidence. The NGOs stressed: ”How the Kyrgyzstani authorities proceed in this case will serve as a litmus test of their commitment to the independence of the legal profession and their respect for the professional integrity of lawyers defending victims of human rights violations.”