A/HRC/46/57/Add.1 even though no information existed to demonstrate “intentional preparation from Kyrgyz groups”.8 87. The existence and continued use of teaching materials in public schools which portray one minority as responsible for much of the violence, contrary to the findings of the independent Kyrgyzstan Inquiry Commission and most outside observers, and paint a picture of certain minorities as disloyal, potentially dangerous or threatening, and as targets in criminal prosecutions under overbroad security provisions and practices, is not conducive to peaceful coexistence or the equal participation of minorities in public life. 88. Dissident voices, and comments or criticism against abuses by law enforcement authorities, expressed by members of minorities, have been or may be prosecuted under article 313 of the amended Criminal Code, as of 2019 (formerly art. 299). One prominent case that has gained much attention is that of journalist and human and minority rights activist Ulugbek Babakulov, who criticized nationalist attacks against Uzbeks during the events of 2010. He was charged with incitement to hatred under the former article 299 of the Criminal Code and sentenced to four years’ imprisonment and fled the country. 89. In this regard, the Special Rapporteur reminds the Government of Kyrgyzstan that it failed in its obligation to fulfil the Human Rights Committee’s Views 9 and release the imprisoned human rights defender Azimjan Askarov, a member of the Uzbek minority who also investigated and wrote about police brutality during the events of 2010 and received a life sentence for “inciting ethnic violence”. In May 2018, the Committee on the Elimination of Racial Discrimination reiterated the Views expressed by the Human Rights Committee when it expressed concern about “the State party’s continuing failure to restore the rights of Azimjan Askarov”.10 Despite these and other calls from the United Nations, from special procedures and from a multitude of international observers, including most recently in an appeal of Mr. Askarov’s case in which grave concerns were expressed for his health during the pandemic, Mr. Askarov died in prison in May 2020. 90. These examples are tied to a broader area of concern. On more than one occasion, the Special Rapporteur received allegations that cases under what is now article 313 of the Criminal Code (on incitement of national, racial or religious enmity) are not prosecuted when the victims are members of minorities and the perpetrators are members of the Kyrgyz majority. The cases of Mr. Askarov and Mr. Babakulov both occurred in the context of the events in Osh in 2010 where violence was targeted mainly at members of the Uzbek minority. Both were members of minorities, journalists and human rights defenders who raised serious concerns about the threats and violations against the human rights of minorities and of others who were particularly vulnerable and threatened. 91. The Special Rapporteur was also informed of proposed new legislation in early 2020 which would introduce new reporting requirements on non-governmental organizations and could give the Government wide discretion for determining reporting conditions and could target non-governmental organizations disproportionally for defending the human rights of minorities. 92. Information provided to the Special Rapporteur raised other concerns about how certain religious and ethnic minorities were being impacted by the criminalizing of certain activities. Offences under article 313 of the Criminal Code were used by State authorities in 57 criminal cases involving individuals in 2018 and in 80 cases against organizations or groups of people. The provision appears to be used to target and “criminalize” legitimate reporting and human rights activities, and in particular targets minorities, dissidents, and criticism of government policies or practices. Previously, Supreme Court data from 2016 showed that approximately 60 per cent of extremism-related convictions concerned members of minorities, with ethnic Uzbeks accounting for 54 per cent of these. Other relevant data, for the period from 2014 to 2018, confirmed the above-mentioned figures, showing that 51 per 8 9 10 Photocopy of the textbook and translation on file with the Special Rapporteur. CCPR/C/116/D/2231/2012. CERD/C/KGZ/CO/8-10, para. 8. 15