Society of Human Rights of Uzbekistan

Once justice and legitimacy fade away
a state becomes a gang of bandits.
Augustine Aurelius.

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ALTERNATIVE NGO REPORT ON OBSERVANCE OF ICCPR BY THE REPUBLIC OF UZBEKISTAN

▪ Uzbekistan ▪ Belgium ▪ France ▪ the USA ▪ England ▪ Sweden ▪ Germany ▪ Russia ▪

2005

N I Y A T

 

Translated from Uzbek it is a desire of the person, which proceeds from the heart.

 

.. we wrote this report with this feeling and ideas about those who during the years of the acting  regime

-         died or crippled from tortures,

-         sentenced to be shot on the basis of self-incrimination,

-         unfairly condemned,

-         underwent enforced disappearances,

-          filled up many thousands lists of political prisoners,

-         are serving  long term imprisonment on the framed-up charges in the Uzbek prisons,

-         have been forced to leave the favourite country,

-         live in want following the unjustified expectations of economic and political reforms...

We also inform how the authority in power punishes those who tell the truth about this life.
 O N T E N T

Ø      Introduction .................................................................................................................. 5

Ø      Executive Summary …………………………………………………....................... 6

Ø     Recommendations

 

 article 2 ............................................................................................................................ 8

general obligations to observe the rights recognized in the Covenant

 article 6 ............................................................................................................................ 9

 the right to a life         

 article 7 ............................................................................................................................ 10

 interdiction of torture and cruel, inhuman or degrading treatment and punishment11

 article 9 ............................................................................................................................ 11

the right to liberty and security of person

 article 10 .......................................................................................................................... 11

 the right of all persons deprived of their liberty to humane treatment.

 article 12 ............................................................................................................................ 12

 the right to liberty of movement 

 article 14 ............................................................................................................................ 13

 the right to fair hearing

 article 17 ............................................................................................................................ 14

protection of a private life, inviolability of home and inviolability of correspondence

 article 19 ............................................................................................................................ 15

 the right to hold opinions and freedom of expression

to article 21 ......................................................................................................................... 15

 the right to peaceful assemblies

to article 22 ......................................................................................................................... 15

 the right to freedom of association

to article 25 ......................................................................................................................... 16

 the rights to take part in the conduct of public affairs

to article 26 ......................................................................................................................... 17

 prohibition of discrimination in social, economic and cultural spheres of the state

Ø      General Information on Infringements of Civil and Political Rights in Uzbekistan

- cases of torture leading to the death ………………………….………..…… 18

- ­cruel, inhuman treatment of officials of law enforcement bodies
 with the accused, the defendants and the condemned …………………………………..……….. 21

- cases of threats  directed against the opposition organizations ………….. 23

- cases of enforced disappearances of Moslems organized by
the National Security Service of Uzbekistan …………………………………………………….... 26

- authorities persecute human rights defenders

Hazratkul Khudojberdi …………………………………………. 24

Tolib Yakubov ……………………………………………..……. 28

Surat Ikramov ……………………………………………………. 30

Ruslan Sharipov …………………………………………………. 32

 members of International Association “For Democratic
Reforms and Protection of Minorities in Uzbekistan” ……………………………………………. 33

- in Uzbekistan, the death penalty is applied to the persons
who are accused based on forced false confession obtained under
unlawful methods of influence ………………………………………………………………………. 35

- Tamara Chikunova, the head of NGNPO “Mothers Against
the Death Penalty and Torture” ………….…………………………………………………………... 38

- passport system in Uzbekistan …………………………………………….…. 40

- unlawful methods of work of Uzbekistan law enforcement bodies ………. 42

- judicial practice of Uzbekistan …………………………………………….…. 45

- infringement of national minorities’ rights in Uzbekistan ………………… 45

- infringement of the right to hold the opinion …………………………….…. 47

- infringement of electoral right …………………………………………….…. 50

- infringement of liberty of speech ……………………………………………. 52

 

Ø     Appendices ……………………………………………………………………. 54

Ø      Information Sources ………………………………………………….…….. 55

 

 

The alternative report on infringements of human rights in Republic Uzbekistan is prepared according to the International Covenant on Civil and Political Rights (ICCPR), with the general efforts of the Uzbek political and nongovernmental organizations (NGO) and human rights defenders: the International association "For Democratic Reforms and Protection of Minorities in Uzbekistan", NPNGO "Mothers Against the Death Penalty and Torture", Human rights Society of Uzbekistan, Human Rights Society of Uzbekistan “Civil Support”, "Initiative Group of Independent Human Rights Defenders of Uzbekistan”, Democratic ERK Party of Uzbekistan, party " Ozod Dehkonlar", the youth organization "Tanlov" and the independent opponent Hazratkul Khudojberdi.

 

The report is submitted to the UN Human Rights Committee (HRC) in connection with the consideration of the next periodical report of Uzbekistan on ICCPR.

Authors of the report are concerned by actions of the government to political opponents. The leaders and members of the opposition parties, independent journalists, writers, lawyers and other dissenters not concordant with a state policy are intensely persecuted recently. Repressive methods of influence are actively applied to them. Thereupon, the number of political prisoners and political refugees grows.

Working at the Alternative report, we analyzed the particular cases of infringements of the civil and political rights, received from the reliable sources in order to draw attention of the international bodies of the human rights protection supervising the performance of obligations on the international agreements, accepted by the government of Uzbekistan.

 

We aspired that the experts of the Committee (HRC) of the United Nations have built-up the full and objective opinion about the political conditions in the republic and about the complicity of domestic system of the civil and political rights protection in Uzbekistan.

 

We inform Committee about the facts of human rights infringements not under all the articles of ICCPR because the Uzbek institutes of authority do not allow receiving and confirming data about the human rights infringements. Today in Uzbekistan it is impossible to obtain any information including reference and statistics, which are not confidential.  

***

For the additional information it is possible to address

- To Human Rights Society of Uzbekistan "Civil Support" pougs.uz@gmail.com

- To the International association "For democratic reforms and protection of minorities in Uzbekistan" webmaster@belgweb.com, sys-post@yandex.ru, oleg.shestakevitch@teledisnet.be 

- To the independent opponent of the regime Hazratkul Khudojberdi opposite@stopdictatorkarimov.com

 

 

 

The constitution of Republic Uzbekistan is accepted in 1992. It includes all the norms defining a democratic society. However, the existing social and political system functions on penal and repressive methods of management. Therefore, the civil and political rights are observed unsystematically in the republic.  

 

Analyzing the state policy, which has developed during the independent years of Uzbekistan, it is possible to speak about consecutive large-scale and system attack on the rights and freedom of citizens. Those who openly express the opinions and views not concurring with the official point of view are suffered persecutions. First of all, the power structures conduct the purposeful policy of influence on all the dissenters and apply the strict measures to them. The state bodies called to protect the rights and freedoms of citizens are subordinated to existing power and to the corrupted highest ranks. 

 

       The leader of the Uzbek state Islam Karimov ignores the appeals and requests of citizens and civil associations to stop the political repression, torture, violence and other infringements of human rights.

 

Every day the number of victims of the regime established in republic grows:

 

- the cases of torture leading to the death have become more frequent;

 

- the cruel treatment of punitive bodies with the accused, the defendants and the condemned is widespread;

 

- the open blackmail and threats are addressed to the opposition organizations of Uzbekistan with the aim of forcing them to refuse to take part in the political struggle. Otherwise, the life and health of leaders and members of the oppositional organizations and of their relatives and close ones are under threat;

 

- in Uzbekistan the death penalty is applied to the persons who are accused on the basis of forced false confession;

 

- the cases of enforced disappearances of Moslems organized by the service of national safety of Uzbekistan have become regular. The kidnapped people are officially declared lost without trace. There are reasons to believe that the authorities show intolerance, tortures and other kinds of the cruel and inhuman treatment to them for their religious beliefs; 

 

- there are the facts of moral and psychological and physical coercion  of lawyers, independent journalists, writers, experts, human rights defenders and members of opposition parties and movements.

 

       The obvious infringements of the civil and political rights, carried out by representatives of the power structures of the republic, are presented to the world community as actions occurring in a legal constitutional field. They are allegedly aimed exclusively to wage the war against religious extremism, terrorism and against those who undermine the foundations of the constitutional structure and unleash inter-nation dissension. The governmental bodies under a pretext of struggle against "terrorism" and "extremism" of all colours apply automatically the most severe measures of punishment to them in the form of long terms imprisonment, including a death penalty. The authorities institute the criminal cases against the dissenters on the basis of far-fetched reasons. 

       The obtrusion by the Uzbek authorities, within and beyond the borders of the country, of the tendentious and deformed point of view on occurring events, pursues an obvious purpose to receive financial aim from the world community, ostensibly for the struggle against international terrorism. In fact, these funds are spent on maintaining the repressive apparatus for suppression of those who expresses the disagreement with the official point of view. As a result, the stream of political refugees from Uzbekistan and the number of political prisoners and victims of tortures is increasing.

 

The United Nation High Commissioner for Human Rights Louise Arbour acting in Geneva at evening devoted to the International Day of Human Rights, has declared that at present in the field of human rights, there is a question to create the world-wide ground for peace negotiations in order that opposite views and opinions on the most important and fundamental problems could resist each other in an atmosphere of mutual respect.

     

       Uzbek political and human rights defending organizations, participating in preparation of the Alternative report, aspired to pay attention of experts of the UN Human Rights Committee to the fact that in Uzbekistan:                   

 - the human rights are systematically infringed;

 - the continuing practice of application of tortures concerning the apprehended and condemned with the aim of their further condemnation on the body of judgments;

             - the gross infringements of the international agreements confirmed by the parliament of Uzbekistan, despite the recommendations of the UN Special Rapporteur on torture Theo van Boven, which were worked out following his visit to Uzbekistan; despite the recommendations of the European Bank for Reconstruction and Development (EBRD) and the Organization for Security and Cooperation in Europe (OSCE) about the cessation of persecutions of representatives of the democratic opposition and peaceful Moslems.

Terror became a part of a state policy in Uzbekistan. At present any citizen of the country can be accused of commission of grave crimes on the basis of the false testimonial evidence received under torture and the threats to their close ones. The head of the state Islam Karimov has declared his adherence to democratic reforms, but  in the country there are no fundamental conditions of progress and self-realization, i.e. pluralism of opinions, publicity, liberty of conscience, freedom of  political debate, the right to freedom of association, the right to peaceful assembly, free mass-media and protection of journalists.

According to the estimations of many human rights defenders and independent experts, the representatives of the state bodies show cruel treatment against dissenters. The actions of these officials occur within the limits of high organization, in the form of large-scale and regular repressions at the state level. Thereupon, only by means of the international community it is possible to call the government of Uzbekistan to provide observance and protection of the foundations proclaimed in the Universal Declaration of Human Rights.  

 

ARTICLE 2

(general obligations to observe the rights recognized in the Covenant).

    

Introduce into national legal system the obligation to follow observance of the rights and freedoms recognized in ICCPR.

     

Ensure effective remedy of a legal protection at the national legislation (according to article 2, item 3) for any person whose rights and freedoms recognized in ICCPR are violated.

 

The courts of Uzbekistan are to make the decisions according to norms of the International Covenant on civil and political rights and the Constitution of Uzbekistan in cases of consideration of infringements of associations’ freedom and persecutions of NGO, of trade unions and their members.

      Toward this end, it is necessary to insert addition in article 522 of Criminal Procedure Code of Republic Uzbekistan.

 

 5. New circumstances are

1) a recognition by the Constitutional Court of Republic Uzbekistan of the law applied by court on concrete criminal case which collides with the Constitution of Republics Uzbekistan;

 

2) established by the UN Committee for Human Rights   the infringements of the International documents for human rights protection and fundamental freedoms while legal investigation by court of Republic Uzbekistan of the criminal case, connected with:

a) application of law mismatching with international documents  for human

rights and fundamental freedoms;

b) the other infringements of the international documents for human rights

and fundamental freedoms;

 

3) other new circumstances.

 

6. The circumstances specified in the third part of present article can be established besides a verdict by definition or the decision of court, by the decision of the public prosecutor, the investigator or the inquirer about the dismissal of criminal case because of the expiry of time limitation, owing to the act of oblivion or the act of grace, in connection with death of the accused or if the person is not aged to incur criminal liability.

 

Consider and work out in the national legislation the mechanism of influence of the UN human rights bodies’ recommendations on procedure of reopening cases. It is necessary to aim that the law-enforcement practice of Uzbekistan would give preference to the international norms.

 

Include into the Constitution of Republic Uzbekistan and in article 1 of the Law about Public Prosecutor's Office the functions of supervising the execution of the Constitution and the UN international documents for protection of human rights and freedoms.

 

Define in the Constitution of Uzbekistan the right of each person not to testify against himself, against his spouse and immediate relatives.

      Take measures to replace the passport system with another system of identification and documentation of the identity, which is not based on one single document certifying the identity and is not tied to the place of residence of a person. Ensure the possibility of exercising the rights and freedoms regardless of whether a person has the main document certifying the identity and registration at the place of residence or stay. Revise the legislation and law enforcement practices, which lay the basis for systematic ethnic discrimination, primarily the passport system and the practices of the law enforcement authorities.

      Introduce the norms in the procedural legislation of Uzbekistan, which shall:

·         impart legal significance to the resolutions of the UN Human Rights Committee when criminal, civil and administrative cases are examined;

·         provide for the mechanisms of realization of the UN Human Rights Committee’s decisions in judicial proceedings.

Take measures, including legislative measures, to enhance the effectiveness of the remedies, i.e., to make the national remedies more accessible, and create a mechanism of enforcement of resolutions on the protection of human rights adopted at the national and international level.

·         Ensure the protection of religious freedom according to international norms.

·         Repeal the existing restrictions which act on the basis of the “Law about a liberty of conscience and religious organizations of Republic Uzbekistan" and administrative acts. Exclude from the law enforcement system of Uzbekistan the antagonisms with article 18 ICCPR.  

ARTICLE 6

(the right to a life)

a) Promptly introduce the moratorium on execution of a death penalty.

      b) Replace the death sentences pronounced at present with the imprisonment.

c) Create and ensure all necessary conditions for the profile and system analysis on the death sentences pronounced in the period from 1995 to 2005. Generalize and discuss, including mass-media, all the elicited facts of illegal inquest as well as the cases of unreasonably pronounced death sentences.  Institute criminal proceedings against guilty persons according to the current legislation. 

       d) Recall all the sentences of the mistrials, according to item (c).

e) Stop persecutions and intimidations of the human rights defenders who call for abolition of a death penalty.

f) Discuss the question of ratification of the Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed at abolition of a death penalty.  Create the equal status for the discussion both for supporters of application of a death penalty and for its abolition.

g) Work out and introduce effective system of the measures aimed at active revealing of crimes against the person, against the peace and safety.

h) Work out the activities to introduce the institution of jurymen to the criminal and remedial legislation for more objective independent decision on especially grave crimes.

ARTICLE 7

(an interdiction of torture and cruel, inhuman or degrading
treatment and punishment)

 

In Criminal Procedure Code of Republic Uzbekistan it is necessary to introduce the request about obligatory check of defendants and witnesses on application to them of compulsions to evidence by means of mental or physical influence, threats, battery, tortures, torments, physical injuries. The legislation defines them as tortures and the cruel treatment, accomplished by the inquirer, the inspector or by the public prosecutor, drawn after consequences under article 235 of the criminal code of Republic Uzbekistan.

Take measures to oblige the Office of Public Prosecutor to carry out checks of defendants' complaints, declared at sitting of the court, on application to them of the unlawful methods of influence during inquiry and investigation, including tortures.

Work out and introduce legislative, administrative and judicial mechanisms for the prevention of the tortures, stated in recommendations of Theo van Boven. The following items deserve the special attention:

 

     70 (h) "in addition, independent non-governmental investigators should be authorized to have full and prompt access to all places of detention, including police lock-ups, pre-trial detention centres, Security Services premises, administrative detention areas, detention units of medical and psychiatric institutions and prisons, with a view to monitoring the treatment of persons and their conditions of detention.  They should be allowed to have confidential interviews with all persons deprived of their liberty".

 

     70 (k) "confessions made by persons in MVD* or SNB* custody without the presence of a lawyer/legal counsel and that are not confirmed before a judge should not be admissible as evidence against persons who made the confession.  Serious consideration should be given to video and audio taping of proceedings in MVD* and SNB* interrogation rooms".

 

     70(n) "medical doctors attached to an independent forensic institute, possibly under the jurisdiction of the Ministry of Health, and specifically trained in identifying sequelae of physical torture or prohibited ill-treatment should have access to detainees upon arrest and upon transfer to each new detention facility.  Furthermore, medical reports drawn up by private doctors should be admissible as evidence in court".

 

Review all verdicts of guilty since 1995 carried out only on the basis of the defendant's confession as long as this confession could be received as a result of tortures or the unlawful methods. If revealing such cases to ensure prompt and impartial inquiry. Take measures for correction of a situation. 

Work out and introduce the instruction on investigation by bodies of Office of Public Prosecutor of complaints to tortures, severe and degrading treatment. Such instruction should meet the principles of effective investigation and documenting of tortures and other severe, brutal treatment, accepted by General Assembly of the United Nations, and it should include the list of obligatory investigative actions and terms of their realization.

 

Work out and pass the rehabilitation state program of victims of tortures and the cruel, inhuman, degrading treatment and punishment, including the political prisoners recognized by the international human rights defending organizations: Human Rights Watch, Amnesty International, International Helsinki Federation for Human Rights, International Federation of Human Rights League, with the subsequent compensation of moral and physical injury.

In all police stations in places of pre-trial custody to hang up the information leaflets explaining the rights of suspected, accused and arrested persons, including the right to submit a complaint on tortures, cruel and degrading treatment.

Create a commission with participation of independent human rights defenders to investigate the reasons of death of the prisoners: Mirjalol Mirzaahmedov, Kahramon Hamidov, Fazleddin Nasreddinov, Ahmadali Jalilov, Ahmadhon Turahanbaev, Shovruk Ruzimuradov, Farhad Usmanov, Ulugbek Anvarov, Nossir Saidaminov, Emin Usman, Samandar Umarov and others. Ensure the conditions for objective investigation.

 

ARTICLE 9

(the right to liberty and security of person)

 

      Make alterations in the criminal and remedial code of Uzbekistan:

·                    in article 243 "Order of application of commitment as a restraint" -the right to approve arrest of citizens belongs to regional, city and regional courts, those of Republic Karakalpakstan and to the Supreme Court of Republic Uzbekistan.

·                    in article 245 «Terms of custody » - this term can be prolonged in case of impossibility to finish the investigation, in the absence of the bases to change the restraint, accordingly, by  regional, city and regional courts, those of Republic Karakalpakstan and by the Supreme Court of Republic Uzbekistan.

Eliminate the widespread practice of keeping a person in custody without lawful grounds. In particular, elaborate and implement into the law enforcement work a rule according to which a protocol of detention must be drawn up immediately upon actual detention (and not from the moment of  report drawing up because in this time the methods of psychological influence and force can be applied to the arrested). Detaining a person on the grounds provided by article 242 "Commitment" it is necessary to mention the detention grounds, which are considered irrefragable. Ensure the measures to control the accomplishment of this rule.

Radically change the practice application of such an exclusive measure of restraint as arrest. Use this measure of restraint in exclusive cases when the exclusiveness of such cases has been confirmed and only if there are legislatively established grounds for the use of this measure and the presence of such grounds has been duly documented. Take measures to ensure a wider use of such alternative measures of restraint as bail, recognizance not to leave, house arrest, personal guarantee.

ARTICLE 10

(the right of all persons deprived of their liberty to humane treatment)

     It is necessary to transfer the penitentiary system from the Ministry of Internal Affairs to Ministry of Justice of Republic Uzbekistan, (as their functions do not include revealing and clearance of crimes, hence, it will allow to exclude from the practice the application of tortures to the condemned)..

Work out and adopt “Law about public control of human rights observance in places of detention and about support of public organizations activity”.

Work out activities to humanize the criminal and executive system, namely:

• Radically improve the living conditions of the condemned.

·         Carry out the certification of staff of the Punishment System Office of all penitentiary system. The persons who have committed tortures and malicious insults of condemned should be dismissed and condemned.

·         Filling the places in the pretrial detention facilities, colonies and prisons should correspond to International Standard Rules for the Treatment of Prisoners.

·         The food allowance of the convicted should be also provided according to the international rules.

·         Close the colony “Jaslyk” in Karakalpakstan in view of special unhealthy climatic and life conditions.

·         Ensure for the human rights defending organizations conditions for visiting the places of imprisonment, i.e. pretrial detention facilities, colonies and  prisons, with the aim of public control over observance of the rights and freedoms of the convicted; and for monitoring of the convicted and persons on trial with the purpose to reveal the application of tortures to them.

·         Improve sanitary and hygienic conditions of keeping of the convicted and persons on trial. Ensure their health services according to the international rules.

·         Take measures to decrease the number of prisoners. Work out the parole program.

·         Ensure the effective mechanism to control the observance of prisoners' rights.

·         Ensure effective supervision of administration of Penalty Execution Institutions.

·         Ensure effective supervision of prosecutorial bodies concerning the appeals, the statements and complaints of the accused and the persons on trial.

·         Ensure a direct telephone line for connection with human rights defenders directly from the institutions where a prisoner serves time.

·         Provide the places of residing, recreational facilities and libraries for prisoners and persons on trial.

• Improve the work conditions of the condemned.

 

ARTICLE 12

(the right to liberty of movement)

 

Give a legislative definition of the liberty of movement and freedom to choose residence; clearly define the limits of this right and exclude the possibility of its arbitrary restriction by public authorities, non-state organizations and private persons; establish responsibility, including criminal responsibility, for encroachment on this right.

Revise all laws and other statutory acts, which lay the basis for the passport system. In particular, liquidate the institution of mandatory registration at the place of stay, abolish all regional regulations interfering with the exercise of the right to the liberty of movement and freedom to choose residence; abolish all regulations and stop the practices which make the exercise of rights and performance of obligations conditional on the possession of a passport and registration at the place of residence; abolish administrative responsibility for residence and stay without a passport and registration and, as a first step, abolish the system of plan targets established for the police with regard to the number of persons to be brought to responsibility for committing administrative offences, including “violation of the passport regime.”

ARTICLE 14

(the right to fair hearing)

 

     Exclude from practice of jurisdictions and court an accusational deviation concerning the suspected, the accused and the defendants. While prosecuting an inquiry and judicial investigation it is necessary to be guided by principles of presumption of innocence.

It is necessary to issue “Law about world judges” to ensure the access of citizens to justice.

 

Ensure the real equality of the sides in the examination of criminal cases by introducing amendments in the Criminal and Remedial Code of Uzbekistan, namely:

·        institute criminal proceedings against citizens and put under arrest only with a court order;

·        legislatively ensure the possibility of immediate access of the defense counsel to a person kept in a pre-trial detention facility, without the investigator’s or court’s permission;

·        legislatively provide for the duty of the investigation and court to accept the evidence submitted by the defense and obtained in accordance with law;

·        ensure access of the defense to the evidence from the initial stage of the criminal persecution;

·        ensure the personal presence of the suspect, the accused, the defendant when his/her complaints are considered at all stages of judicial proceedings;

·        change the working regulations of courts’ offices to enable the interested persons to gain speedy access to the necessary materials;

·        ensure free access of citizens, observers, human rights defenders, journalists and representatives of the international organizations to court trials;

·        authorize the observers to use at judicial sittings the device not distracting the participants of court trial.

 

Ensure the principles of publicity of trials by reducing as much as possible the list of cases to be tried in camera and making the relevant legislative norms more concrete as the existing legislation allows abuse of this form of judicial proceedings.

Upgrade the method of recording the trial proceedings (the court record drawing up) in accordance with the present level of technical development. For instance, make an automatic audio recording of the proceedings during the entire trial, then transcribe the recording and file the transcript and the recording with the materials of the case.

 

    Take measures that defendants are condemned in terms envisaged by the Criminal Procedure Code of Republic Uzbekistan.

 

In connection with numerous reports on practice of fabricated criminal cases against the persons convicted under articles 147-248 (illegal transfer, sale, storage, transportation or carrying of weapons, ammunition, explosives and explosive devices), articles 271-273 (illegal manufacturing, acquisition, storage, transportation, dispatching or sale of drugs and psychotropic substance), article 97 part 2 (intended killing under aggravating circumstances), article 155 (terrorism) and article 159 (attacks against the constitutional order of the Republic of Uzbekistan) of the criminal code of Uzbekistan: 

- Review the criminal cases to reveal the application of torture to the accused during investigation and trial; review criminal cases when the indictments were brought without participation of the lawyer.

- Ensure the real participation of defenders in criminal judicial proceedings and the real equality of the sides in a court trial.

- Increase a role of cassation and reviewing authorities.

- Release and rehabilitate the persons arrested and condemned according to the framed-up charges; compensate them an injury; punish the officials responsible for such fabrications according to articles 301-313 of Criminal Procedure Code of Republic Uzbekistan (the grounds and consequences of rehabilitation). 

 

 

ARTICLE 17

(protection of a private life, inviolability of home and inviolability of correspondence)

Work out and issue the Law about the operational-investigative activity to regulate and to control the actions of operational-investigative services' officials in order to exclude the infringements of citizen's rights. This Law should define the operational-investigative activity exercised in territory of Uzbekistan and should fix system of guarantees of legality during establishing the operational-investigative actions.

The officials of law enforcement bodies must ensure the observance of citizen's rights and freedoms during carrying out of operational-investigative activity.

Carry out the investigating actions infringing the citizens' rights only from the court order, as that:

·        listening telephone conversations and other telephone devices;

·        carrying out the seizure of subjects and the documents important for criminal case;

·         search of rooms where there can be subjects or the documents important for criminal case.  

Work out and issue "The Law about militia" which will regulate the activity of officials of militia; it undoubtedly will reduce the cases of infringement of the citizens' rights and freedoms.  

Work out and issue the Law about National Service (NSS), which will define the activity of NSS. It will allow to prevent infringements of the citizens' rights and freedoms.

 

ARTICLE 19

(the right to hold opinions and freedom of expression)

 

Ensure the right to seek and receive any information as well as to carry out ideas; but for cases which are envisaged by the law and are necessary in a democratic society in the interests of national safety, territorial integrity and public order to prevent disorders and crimes, to protect health and morals, to protect the rights or reputations of others, to prevent the confidential information disclosure or to ensure the authority and impartiality of justice.

Stop attacks of the state bodies and government officials against members of opposition parties, journalists, lawyers, human rights defenders, representatives of the international organizations, writers and other representatives of a society opposing to the aρting power. 

 

ARTICLE 21

(the right to peaceful assemblies)

 

     Work out and adopt a law on peaceful assemblies.

Exclude the practice of arbitrary refusal of a peaceful assembly based on a broad interpretation of provisions that allow the right to such assemblies to be restricted in the interests of national security.

 

ARTICLE 22

(the right to freedom of association)

 

   Authorize the registration of independent political parties, movements and the organizations in Uzbekistan, including:

·         Democratic ERK party of Uzbekistan

·         Party "BIRLIK"

·         Party "Ozod Dehkonlar"

·         "Tanlov» youth organization

·         Human Rights Society of Uzbekistan (HRSU)

·         Non-governmental and non-profit organization "Mothers Against the Death Penalty and Torture"

·         Initiative Group of Independent Human Rights Defenders of Uzbekistan (IGIHRDU)

·         Human Rights Society of Uzbekistan “Civil Support" (HRSUCS)

·         International association "For Democratic Reforms and Protection of Minorities in Uzbekistan".

      Prosecutors’ Office of Uzbekistan should pay particular attention to the following manifestations of illegitimate pressure and persecution of NGOs by local and regional authorities related to NGO’s investigations of corruption, infringement of human rights, etc.

It is necessary to stop practice of:

·         unlawful interference in the work of NGOs;

·         unreasonable refusals in registration;

·         spreading of information defaming the reputation of NGOs;

·         physical violence against human rights defenders.

 

President of Uzbekistan and the Government of the Republic should proclaim that policy of harassment and persecution of NGOs contradicts the Constitution of Uzbekistan and the principles of democracy.

     

ARTICLE 25

(the rights to take part in the conduct of public affairs)

 

      It is necessary to revise the results of the parliamentary elections taken place on 26 December, 2004. The following infringements have been made:

·         opposition parties were refused in registration. Thereupon, they had no opportunity to direct their representatives on elections in Oliy Majlis;

·         unacceptable terms are created to register the independent candidates to deputies in Oliy Majlis;

·         sixteen members of the Senate of the Oliy Majlis and the chairman of the Senate are appointed by the president of Uzbekistan (it is allowed by the Constitution of Uzbekistan after introducing amendments it in 2002; but it collides with the international norms about the right to take part in the conduct of public affaires; these norms are stated in article 25 of ICCPR). Two persons from the judicial authority are appointed to the Senate notwithstanding the fact of direct interdiction by article 112 of the Constitution of Uzbekistan. Representatives of judicial authority are appointed to the Senate contrary to the principle of the separation of power between the legislative, executive and judicial authorities according to article 11 of the Constitution of Uzbekistan.

Four persons from the government, one adviser of the president and two representatives of judicial authority are appointed to the Senate Oliy Majlis.

The Candidates nominated to the Senate by the president of Uzbekistan are appointed as the heads of committees of Oliy Majlis. Passing of the representatives of executive and judicial authority to a legislative one is a vivid example of infringement of democratic principles; especially, when the president of the country who is the guarantor of the Constitution of Republic Uzbekistan allows these infringements.

 

The note: the President of Republic Uzbekistan has the constant representative in Oliy Majlis who is authorized to inform the parliament of the country about the president's opinion on any question. 

 

***

       Introduce the following amendments in the Constitution of Uzbekistan with a view of observance of the right to take part in the conduct of public affairs:

·         abolish the appointment of members of  Senate Oliy Majlis by the president of Uzbekistan;

·         abolish the appointment of the chairman of the Senate Oliy Majlis by the president of Republic Uzbekistan;

·          abolish right of a president to appoint hokim (head of administration) of the regions and of Tashkent. Ensure the right of citizens to elect a hokim of the region and of Tashkent by means of general election;

·         in article 77 item 3 “A deputy of the Legislative Ρhamber of the Oliy Majlis of the Republic of Uzbekistan, as well as a member of the Senate of the Oliy Majlis of the Republic of Uzbekistan…” abolish the following part “…and permanently residing on the territory of the Republic of Uzbekistan not less than five years” on the basis of the fact that this demand collides with article 25 of ICCPR.

 

 

ARTICLE 26

(a prohibition of discrimination in social, economic and cultural spheres of the state)

 

      Introduce amendments in the legislation of Uzbekistan to ensure prohibition, elimination and punishment for a wider range of manifestations of discrimination than that provided for at the present time and, in particular, introduce in the legislation the definition of direct and indirect discrimination as well segregation, incitement to discrimination, coercion into discrimination and support of discrimination. Impose a direct ban on discrimination and segregation in such fields as housing relations and education of all levels.

 

 

 

 

The constitution of Republic Uzbekistan is accepted in 1992. It includes all the norms describing a democratic society. However, the existing political system functions on penal-repressive methods of management. Therefore, the civil and political rights are not systematically observed in the republic. 

 

Analyzing the state policy, which has developed during the independent years of Uzbekistan, it is possible to speak about consecutive large-scale and system attack on the rights and freedoms of citizens. Those who openly express the opinions and views contrary to the official point of view are suffered persecutions. First of all, the power structures conduct the purposeful policy of influence on all the dissenters and applied the strict measures to them. The state bodies called to protect the rights and freedoms of citizens do not ensure the control over officials' activity whose duties include detention, arrest, holding in custody and in imprisonment. Therefore, any person in Uzbekistan can be detained by an abuse of discretion and can be tortured to admit a crime he did not make. According to the independent experts, the number of political prisoners in Uzbekistan is from 7 up to 10 thousand people.

The leader of the Uzbek state Islam Karimov as well as other leaders of supreme rank ignores the appeals and requests of citizens and civil associations to stop the political repression, torture, violence and other infringements of human rights.

 

We submit to the UN Committee (HRC) the facts of human rights infringement and the proofs that highest leadership of the country is striving to suppress all manifestations of civil initiative, to destroy the power of the internal political opposition in the Republic of Uzbekistan.  

    

      Every day the number of victims of the regime established in republic grows.

 

***

 

   The cases of torture leading to the death have become more frequent.

 

Human Rights defenders have the reliable information about cases of death under doubtful circumstances in places of imprisonment. Presumably, they are connected with tortures. More than 15 of such cases are documentary fixed. Sick prisoners are beaten, kept in especially severe conditions, and they are refused in food and medical aid. Such cruel treatment leads to death. Authorities refuse to carry out investigations of all known cases, or they try them with infringement of criminal procedure norms. They are known the cases when relatives of the dead are forced to write statements to stop the investigations; NGOs engaged in finding-out the circumstances of a prisoner’s death are suffered persecutions. 

On 2 January 2005, Samandar Umarov died in an Uzbek prison. He was condemned to 17 years of imprisonment for his religious beliefs. S.Umarov had been serving time and died in the Colony of penalty execution (CPE) 64/29 in Navoi (Region Navoi).

 

Photo: Samandar Umarov

 

      On 3 January, 2005, at midday, several foreign journalists accredited in Uzbekistan, representatives of international organizations and human rights defenders of Uzbekistan visited the house of the late Samandar Umarov. Members of Initiative Group of Independent Human Rights Defenders of Uzbekistan, Human Rights Society of Uzbekistan chaired by Tolib Yakubov and Ezgulik Human Rights Society of Uzbekistan chaired by Vasila Inoiatova are engaged in parallel to reveal the circumstances of Umarov's death.

      Close relatives of Samandar Umarov have shown to journalists and representatives of the public organizations the bloody blanket in which the late had been wrapped up; they also told that Umarov’s body was very emaciated, the jaw was broken, and fingernails and toenails were torn off. According to the sister and the brother of the late S.Umarov, they had visited him early in November 2004. He looked cheerful. Four days before his death S.Umarov called home from a colony and talked with his family. In the copy of the medical certificate of death issued by Navoi regional bureau of forensic inquiry, it is noted that Umarov died of a brain hemorrhage. Close relatives, friends and the neighbours seen S.Umarov's body approve that there were traces of cruel tortures.

      Authorities did not allow S.Umarov's family to undertake an independent expert examination.  

      Ezgulik Human Rights Society of Uzbekistan also has data that Umarov's death is caused by cruel and inhuman treatment in a colony. Ezgulik HRSU makes this conclusion on the basis of testimonies of Umarov's relatives. They assert that after a series of severe beatings Samandar Umarov in a grave condition of health was transferred to a special medical colony Ή64-18 in Tashkent, so-called "sangorod". Umarov's relatives assert that when he got to "sangorod" he almost did not have teeth. The prosthetics of 20 teeth was made to him in "sangorod" according to the order of administration

      According to members of the Umarovs' family, the body of Samandar Umarov was brought approximately at 4 o'clock in the morning on
3 January, 2004γ. The relatives who managed to see Umarov's body assert that the body was improbably exhausted, the mouth and the nose of a corpse bled. The body was wrapped up in a blanket stained with blood.

 

 

Photo: Samandar Umarov’s Relatives

 

      Official documents about Umarov's death had been handed over to the chairman of mahalla* committee. The representative of "Ezgulik" failed to familiarize himself with the official document about the reason of Umarov's death as the chairman of mahalla committee refused to show the present document. He proved the refusal asserting that the document would be only used for execution of welfare payments for Umarov's juvenile children.

 

 

 

The human rights defending society "Ezgulik" has addressed to Razhab Kodyrov, the Chief Department for Penalty Execution of the Ministry of Internal Affairs of Uzbekistan the general of internal service, with the requirement to undertake an independent comprehensive investigation of Umarov's death and institute criminal proceedings against guilty persons.

Soon, on 2 February, 2005, after this information dissemination HRSU "Ezgulik" received the letter from the Ministry of Justice of Uzbekistan where human rights defenders had been accused of infringement of article 7 of the Republic Uzbekistan Law «About principles and guarantees of freedom of information and its falsification». HRSU "Ezgulik" denies these charges, as the allegations of Yashnar Umarova, the deceased's sister lays the basis for the conclusions.

      On 14 January in mass media there was a message: "Ronald Suarez, a forensic pathologist who was invited by the Washington human right defending organization Freedom House, said that after studying tissue samples taken during the autopsy and medical documents, as well as interviewing people involved, he confirmed that Umarov's death had been caused by a stroke."

      There are bases to believe, that the conclusion of the international expert is only made on the basis of  tissue samples taken during the autopsy right after the death, and medical documents presented by investigatory bodies of Uzbekistan. However, human rights defenders yet fail to get clear proofs of the fact that tissue samples presented to the expert belong to Samandar Umarov. Authorities insist that Umarov's relatives did not give the consent to the body to be exhumed but it is not a convincing argument. According to the existing legislation of Uzbekistan, a permission of the relatives to exhume the body is not required. Therefore, it is not a convincing argument. Obviously, authorities try to hide in every way the presence of antecedent injuries, which could cause Umarov's death. Otherwise, it is impossible to explain the intimidations of Umarov's relatives by the representatives of Prosecutor's Office. Authorities put all pressure upon human rights defenders who try to find the answer to questions:

-          Why Samandar Umarov's nails were torn off?

-          Whether there were traces of violent acts on a skull of the late?

          Only the exhumation of a corpse will allow to find out the reason of Samandar Umarov's death.

 

***

 

     The cruel, inhuman treatment of officials of law enforcement bodies with the accused, the defendants and the condemned is widespread contrary to article 7 of ICCPR about the interdiction of torture. The officials of law enforcement bodies of Uzbekistan apply tortures to receive forced false confession and also as a form of punishment. [1]     

      In the republic, tortures are often applied while carrying out the operational-investigative activities. The tortures are applied before the beginning of investigatory actions to receive forced false confessions. They demand the arrested "to come and confess their guilt". People do not endure tortures and make self-incrimination under pressure of officers of the criminal investigation department.  In the same way they get data about criminal participants, about concealment of property and material evidence. After that, the suspected is conducted to the inspector where there is a lawyer. The inspector interrogates the suspected already when he is "ready" to testify against himself. Courts do not take into consideration the fact that the defendants withdraw confessions made at inquest, explaining that tortures were applied to them. These persons are adjudged like criminals whose fault is proved. However, on 19 December, it was accepted the decision Ή17 of plenum of the Supreme court of Republic Uzbekistan  where noted: "Proofs received with application of tortures, violence, threats, deceit, other cruel or degrading treatment, other illegal measures, and also with infringement of the suspected person's rights to a defense cannot lay the basis for indictment".

Lawyers, human right defenders and ordinary citizens addressed repeatedly to the government with the request to introduce in Criminal Procedure Code the demand about obligatory check of defendants and witnesses on the subject of application of tortures to them, but these allegations are examined formally.

After the visit of the UN Special Rapporteur on torture Theo van Boven to Uzbekistan, the tortures as the acts are criminalized. According to the recommendations of Theo van Boven the National Action Plan has been worked out to eradicate torture in Uzbekistan. This program has been accepted and confirmed but tortures are proceeding. According to mass media it even exists the statistics about the quantity of complaints to tortures and other forms of the inadequate treatment with the persons had up criminal liability; but all data concerning this problem are kept back, or are disclosed namelessly and without telling the whole truth. For instance, in 2004, the chastisements have been applied to 192 prosecutor-investigative officials who broke the orders of Criminal Procedure Code; 22 of them were relieved from their posts. Further, 408 investigators of internal affaires bodies have also been punished, including 38 persons were relieved from their posts; 15 officials of law enforcement bodies were returned guilty of prisoners’ death and they were condemned. For the sake of justice, why don't authorities name persons who are in these figures? There are all bases to believe it is done with a definite purpose. Human rights defenders have got data that those who were punished for such "misconducts" are soon re-established. In the republic, all spheres of authority are entangled in corruption. Here is an example (and it is not unique) of Ilhom Tursunov, crime investigator of Uzbekistan MIA. Criminal proceedings were instituted against him. Some months later he was re-established and he continues to work in investigatory bodies of the Ministry of Internal Affairs. His name is often met in the allegations of defendants and human rights defenders whom he influences the unlawful methods while investigating. Practically, the state pretends to fulfill hard-edged struggle against tortures and other infringements of human rights.

 

 

 

***

At trials the verdicts of guilty are pronounced for the persons who have made grave and especially heinous crimes only by their own confession.  This proof is frequently the only one. There are no other proofs in the case.

      According to the existing national legislation, it is stipulated that for finding the truth in the case, there can be used only data revealed, checked up and estimated in statutory order. It is forbidden to solicit indications of the suspected, the accused, the defendant, the victim, the witness and other persons participating in the case by means of violence, threats and infringement of their rights. All circumstances of the case subjected to proving should be investigated carefully, comprehensively, full and objectively. In practice, the law enforcement bodies do not observe these principles. As a result, innocent persons are condemned.

     While investigating a crime, the law enforcement bodies of Uzbekistan break a major principle, i.e. PRESUMPTION of INNOCENCE (article 14 of ICCPR). The accusatory deviation has become a norm while investigating a criminal case at inquest and at trial.

      Thus, the principles of legality, democratism, humanism and justice are broken.

 

***

 

      There are solicitudes about the cases of open blackmail and threats directed against the opposition organizations of Uzbekistan with the aim of forcing them to refuse to take part in the political struggle. Otherwise, the life and health of leaders and members of the oppositional organizations and also of their relatives and close ones are under threat.

The President of Uzbekistan Islam Karimov is ruthless to the opposition. From the first days of his activity he has given to power structures the direction to destroy his opponents. [A/1] Party "Birlik Popular Movement of Uzbekistan" (PMU) and "ERK" Democratic Party of Uzbekistan were the first to be persecuted.

During the years of independence of Uzbekistan, many leaders, activists and members of these parties are killed. They suffered the persecutions of special services for political and religious beliefs. Serious physical injuries and mental disorder have been made to many people. Thereupon, some people have been compelled to stop the political activity or to leave the country in order to avoid attacks, illegal arrests or covert murder.

     Under a pretext of struggle against international terrorism, religious extremism with the aim to preserve stability, the existing power detains, takes criminal proceedings and condemns for long terms of imprisonment, cripple and kills the opponents. For this purpose all the structures of the government and all the possible levers of mental and physical influence are used.   

Today, any dissenting citizen of Uzbekistan can be accused of fulfillment of grave crimes on the basis of the indications obtained under tortures or threats of reprisals against relatives. In practice, this category of persons has no opportunity to defend their rights, both by the national and international law. The conditions created for them exclude the opportunity to take advantage of seasonable aid of a lawyer, the defender and other bodies of public control. During the last six years the dissenters intensively fill up the number of political prisoners because, as a rule, the persons dissatisfied with the existing regime are brought to trial under the articles concerning state crimes.

Many years the well-known dissident and human rights defender Hazratkul Khudojberdi openly opposes to authority. More than ten years he is in emigration. Hazratkul Khudojberdi is the founder and the author of the basic materials of the site www.stopdictatorkarimov.com.

- "At any moment, me as well as other oppositionists could have been detained unreasonably and roughly, beaten, imprisoned for long years, but I continued and I am continuing the political strike against a dictatorial regime to this very day", Hazratkul Khudojberdi writes in his statements. [A/2] He has been engaged in political activity since 1988. Owing to him, the public has learned about many facts of cruel treatment with Moslems who defend courageously a religious liberty in Uzbekistan. During all these years he is in constant correspondence with international bodies for Human rights defending in order to achieve the jail delivery of political prisoners and to support the political refugees from Uzbekistan.

Persecutions against Hazratkul Khudojberdi have begun in 1992 when he initiated the creation of "Milli Majlis" (Common parliament) and of the organizing committee "Milli Majlis". The idea of creation of this organization was to unite representatives of all parties and public organizations within the limits of this structure. Such association of political forces would allow to collaborate on the actual projects, connected with reforms in a political life of the country. Further, these projects to laws would be transmitted to the parliament of the republic and to the president. Hazratkul Khudojberdi thinks that in this way the interests of all social classes would be considered.

Islam Karimov has apprehended this initiative as an attempt to create the parallel structures of authority; and in his opinion it could inevitably lead to subversion of the existing regime.

On the case of "Milli Majlis" there have been arrested 5 people; more than 30 persons have been detained and interrogated; 8 persons including leaders of "Birlik", "ERK" and "Ozod Dehkon" are condemned. Names of these politicians are well-known to the world community. They are Shuhrat Ismatullaev, Muhammad Salih, Atanazar Arif, Olim Karimov, Salavat Umrzakov, Babur Shakirov, Abdulaziz Makhmudov and Hazratkul Khudojberdi.

 

Process of democratization in the republic occurs formally, on a background of suppression of the rights, freedoms and civil independence. For this very reason the number of political victims intensely grows day by day.

Many citizens of Uzbekistan have devoted their life to political strike for ideals of democracy. Here are some of them:

    

In June, 1992 the chairman of Balikchi Board of PMU "Birlik", the director-general of fish industry "Balikchi" Mirjalol Mirzaahmedov and his pregnant wife died in the explosion of the house. The reason isn't known up to now. A month before Mirzaamedov's death, Hazratkul Khudojberdi met him. During this meeting M.Mirzaamedov told that he was threatened to be punished by authorities if he didn't stop activity in PMU "Birlik". 

      It is not excluded that Mirjalol Mirzaahmedov and his wife were lost from the explosion organized by authorities. Most likely, it was the revenge because he didn't refuse from political strike. [A/2] In official press the results of investigation of the Mirzaahmedov's family death have not been published. 

In July, 1992 the co-chairman of "Birlik", professor, Doctor of Technical Science Abdurahim Pulatov was severely beaten. Nowadays A.Pulatov is in emigration.

 

In the summer 1994 the other co-chairman of "Birlik", candidate of physical and mathematical sciences, assistant professor Shuhrat Ismatullaev was severely beaten.

 

In January, 1993 the activity of "Birlik" popular movement of Uzbekistan was forbidden and mass persecutions of members of this party has begun. Members of "Birlik" party have been arrested and condemned for long terms of imprisonment on the basis of forged charges. Moreover, in colonies and prisons they were regularly exposed to tortures.

 

In 1996, the activist of "Birlik" party Kahramon Hamidov was killed in Tashkent prison.  

 

In 1998 members of "Birlik" party Fazliddin Nasriddinov and Ahmadali Jalilov were killed in Tashkent prison. 

 

On 16 June, 1999 the activist, member of  PMU CC (Central Council) "Birlik", chairman of the Namangan city council of movement, Ahmadhon Turahanbaev died of tortures and the illnesses caused by heavy conditions of keeping in the same Tashkent prison. 

 

On 6 July, 2001 the member of PMU CC "Birlik", the former deputy of parliament of the republic, Shovruk Ruzimuradov was tortured to death in the cellar of the Ministry of Internal Affairs, in the jail IZO-1.

Inestimable contribution to the democracy development of Uzbekistan have made the members of party "ERK", the Youth organization "Tanlov", namely, Muhammad Begzhan, Rashid Begzhan (brothers of "Erk" leader Muhammad Salih), Mamadali Makhmudov, Yusuf Ruzimuradov, Murod Dzhurayev, Samandar Kukonov, Bahodir Kambarov and other oppositionists.  [A/3]

The authority severely punishes with political opposition.

    

      Among the members of these parties there are a lot of free and peaceful Moslems who don't wish to read prays under dictation of the imams from government (so-called "progovernmental" imams) because their sermons begin with eulogy on president Karimov. 

      The state shows intolerance to dissenters by discriminating them for religious beliefs.

 

    

***

The cases of enforced disappearances of Moslems organized by the National Security Service of Uzbekistan have become regular. Afterwards, the kidnapped people are declared lost without trace. Here are the names of some of the kidnapped Moslems: Sa'dulaev Dilmurod, Nazarov Husniddin, Yunusov Okiljon, Haydarov Farruh, Rakhimov Abdurasul, Ismanhodjaev Ravshan, Utaev Omonullo and others.

 

During 18-19 February, 2005 the number of arrests of Moslems has reached 20 people. All of them have undergone to interrogations and tortures. The indictment hasn't brought yet (this information dated on 28 February, 2005). The relatives and close ones aren't informed of anything. Parcels are not accepted. As usual, the lawyers are not accessed to the investigation. Relatives assert that the fault of the arrested is only that they read namaz and gained a living  to support family. Many of the arrested have been just dismissed.

      

In Uzbekistan, the rigid state control of religious organizations and religious formation is established by legislation. The Constitution and the Law “About a liberty of conscience and religious organizations of Republic Uzbekistan” regulate the rights of believers. According to the law about religion, the activity of religious communities, including private religious schools is forbidden without registration in the Ministry of Justice; wearing of religious and cult clothes in public places is not allowed. According to article 184 of the Code about the administrative responsibility, the infringers of an interdiction to wear cult clothes are fined at the rate of five to ten minimal salaries; or undergo to administrative arrest up to fifteen days. On many aspects the Law about religion collides with the right to freedom of thought, conscience and religion according to article 18 of ICCPR (about freedom of conscience, religious freedom, religious liberty).

 Practically everyone who wears a beard or a hidjab is in militia's sight.  They are detained at the slightest pretext.

 

The situation with the religious rights in Uzbekistan causes serious concern in the public because it is known by experience of other countries that as soon as the state starts to limit the right of believers, there comes the public disorder, extremist moods which lead to destabilization and violence in a society.

 

***

 

      There are the facts of moral, psychological, and physical coercion of lawyers, independent journalists, writers, experts, human rights defenders and members of opposition parties and movements.

 

      Many long years the Ministry of Justice of Uzbekistan, on various pretexts, refuses in registration to the Human Rights Society of Uzbekistan (HRSU) and to NPNGO "Mother Against the Death Penalty and Torture". As soon as Human Rights Society of Uzbekistan “Civil Support” or Initiative Group of Independent Human Rights Defenders of Uzbekistan start the procedure of registration, the leaders of these organizations are undergone to persecutions. Human rights defending organizations are in unequal legal status with other public organizations of the civil control. It interferes with their legal protection from the arbitrariness of authorities.

      Active human rights defenders in Uzbekistan are exposed to prosecuting, detention, compulsory treatment in psychiatric clinics and to other moral-psychological and physical methods of influence.

Human rights defending activity in the republic is becoming dangerous and extremely essential. Owing to activists of Uzbek NGOs the numerous infringements of human rights of all kinds, including tortures and reprisals of dissenters have become known. Risking own safety, under threat of reprisals against their relatives, they continue the monitoring on infringement of human rights; they remain a unique connecting part of citizens of the republic with the international organizations for protection of  human rights and freedoms.

Nowadays, according to human rights defenders some embassies and foreign human rights defending organizations have changed the attitude to a question of human rights in Uzbekistan. It happened when authorities of Uzbekistan have openly, in the rigid form warned American NGOs against cooperation with unregistered opposition parties and have threatened to refuse them in registration if they continue «the interventions in internal affairs of the country". The fact of expulsion of Soros Fund from the country has become a demonstrative example.

The management of HRSU thinks that authoritarian power has regained its spirit from such situation. It helps to put insuperable obstacles concerning registration of the opposition parties and human rights defending organizations. Recently, Uzbek NGOs feel absence of support of the foreign organizations accredited in Uzbekistan concerning coverage of infringement of human rights, publicity and other principles of democracy. That is what allowed to hold the last parliamentary elections without participation of the oppositional organizations; to lead mass media into a dead end; to take over the control of Internet. 

HRSU has lost electronic communication. It has had an effect not only on its activity, but, first of all, it suppresses the information about victims of the state terror.

In the HRSU report published on 20 January 2005, it is said: "on 3 January, 2005, at 2 o'clock, after distribution of HRSU message about brutal murder of Samandar Umarov in the colony of penalty execution (CPE) UYA* 64/29, our computer has been disconnected from Internet network".

Since 1997, Human Rights Society of Uzbekistan has begun to use switched access to educational networking IATR. The Internet Access and Training Program (IATR) is a program of the Bureau of Educational & Cultural Affairs (ECA), US Department of State. The program IATR is administered by the International Research & Exchanges Board (IREX). IREX is a leading nonprofit organization in the USA specializing in education, Internet development, support of independent media, and civil society programs.

 

Nowadays, the management of IATR introduces new conditions for perspective partners of Uzbekistan. On strange concurrence, exactly on 3 January, 2005, IATR has applied standard measures to revise the current users of free access to Internet. Now, according to the new conditions the partners IATR are obliged to give a copy of the certificate of registration. Since 1992 authorities do not register HRSU as the oppositional organization, and IATR knows it well. Probably, this organization (IATR) has taken into account the wishes of the president of Uzbekistan Islam Karimov and now, it supports mass media and the representatives of a jural civil society, which are formally considered independent. Apparently, many international organizations accredited in Uzbekistan, refuse to support representatives of opposition nowadays. 

Suppression of internal opposition of Uzbekistan causes even greater discontent in a society. It is necessary to solve questions of struggle against corruption, against criminal activity of representatives of law enforcement bodies, and human rights. For the present, the state policy is directed on strengthening of reprisals.

One of the most widespread methods of influence on human rights defenders is still the method of   provocations, blackmail and violence.

On 29 November, 2004 it was accomplished the next attack on the leader of HRSU Tolib Yakubov. He went to the picket to a building of Dzhizak administration (hokimiat). T.Jakubov planned to express a protest against the crimes made by judges and public prosecutors. He possesses the facts of illegal institution of criminal proceedings against innocent persons who are condemned according to the forged proofs. On the way officials of militia stopped Yakubov and in their presence Yakubov was attacked by people in civilian clothes. He was together with his wife. Yakubov and his wife have been beaten; a part of posters has been taken away. A major of militia was near them but he didn't take measures to defend them. Tolib Yakubov had to address to hospital where numerous bodily blows on his body were recorded. The nature of the attack gives the basis to believe that this incident has been accomplished according to the pre-arranged scenario of law enforcement bodies.

On 16 February, 2005 the chief of Dustlik Regional Department of Internal Affairs Bakhtibek Tangirbergenov threatened openly to the HRSU member. Here is what he said to the Chairman of Dustlik Human Rights Society of Uzbekistan Egamnazar Shaymanov, "Hey boy! If it is necessary I will wind your guts round your head like a turban, is it clear?"

It became known to the HRSU human rights defenders that it is Olim Kosimov in person, the chief of Dzhizak City Department of Internal Affairs, who organized the all last assaults and batteries of human rights defenders, and provocations against them. Actions of militia are caused by the desire to break up the pickets of human rights defenders against authorities' arbitrariness. Apropos of this, Tolib Yakubov has even appealed to the Minister of Internal Affairs of Uzbekistan Zakir Almatov, that he did not reply as ever.

In December, 2004, 9 days before the Uzbek parliament elections, Bahodir Kambarov, the experienced member of "ERK" party on work with youth was arrested. In the republic he headed the activity of "Tanlov" oppositional youth organization. At present he is in "Tashturma". Heretofore, in 1994 and in 1999, Bahodir Kambarov was accused for political creeds. "Tanlov" has own site where the situation in Uzbekistan is widely covered and the materials of the party "ERK", including Muhammad Salih's articles are also distributed. Authorities have forbidden the activity of "Tanlov" in Uzbekistan therefor.

Recently, "ERK" and "Tanlov" subjected the existing authority to the arraignment for divesting the opposition to participate in parliamentary elections. They called citizens of the republic to boycott the elections. The arrest of Bahodir Kambarov is a reaction of the state bodies to his activity in "ERK" and "Tanlov". It is an attack to the activity of Uzbek opposition living abroad. The authority takes active measures for closing the site of "Tanlov". The Ministry of Internal Affairs of Uzbekistan has made an ultimatum to "Tanlov": "Close the site "Tanlov" or Bahodir Kambarov will be missing!"

"In September, 2004 at the Kazakh-Uzbek border the Uzbek special services intercepted materials of "ERK" and "Tanlov". Now they threat my father who lives in Tashkent", - says Zakir Umarov, the member of "Tanlov" movement, nowadays living in the USA.

Despite all prosecutions of Uzbek authorities, the members of "Tanlov" continue political activity. “The release of their leader Bahodir Kambarov will depend on reaction of the international public in many respects”, Zakir Umarov and the human rights defenders think.

      This is in such conditions, human rights defenders investigate cases of physical violence, infringement of the rights and freedoms of citizens. They help the persons who were instituted criminal proceedings, condemned on the basis of forged charges. They hope for support of the international bodies of human rights protection.

At present authorities encourage the activity of young, immature human rights defenders in order to suppress the criticism about human rights with their help. Even short-term course are organized for them. This category of human rights defenders is not dangerous for the authorities. They do not penetrate into an essence of the state religious policy, into the reasons of infringements of the citizens' rights, etc. These human rights defenders recede easily from principles of protection of human rights and they collude with authorities. Such novice human rights defenders have the rough idea of the true state of affairs in Uzbekistan. Owing to them, in mass-media the reports on improvement of situation with human rights in Uzbekistan have begun to appear. They also help to maintain a myth about threat of terrorism and religious extremism in the republic. All this promotes impunity of those who torture and torment the victims of the political regime of Islam Karimov. Many cases of violence and tortures applied to the arrested are known. The authority does not aspire to punish guilty persons. Only few officials of the Ministry of Internal Affairs have been condemned for crimes accomplished by them. For example, on 18 January, 2001, the court has accused four officials of militia Nuriddin Boboev, Shavkat Rahmanberdiev, Muhiddin Nagimov and Yashin Gafurov for application of the cruel tortures led to Ravshan Haitov's death and Rasul Haitov's disablement.  

 On 1 April, 2002, Alimuhammad Mamadaliev, the inhabitant of village Durmon, Ahunbabaevsk region was killed in the pretrial detention facilities of Margilan Office of National Security Service (NSS) of Fergana region. The criminal proceedings are instituted against the officials of Fergana Office of National Security Service (NSS) Khamid Saidov, Abdushukur Mirzaev, and Bobur Fazylov.  

In May, 2002 in Uzbek Military court the closed trial chaired by judge Pulatova took place. It is not clear why the trial has been declared closed. Human rights defenders of HRSU explain it by the fact that nine relatives of those tortured in the pretrial detention facilities of NSS Margilan Office came to Tashkent from Fergana region. HRSU human rights defenders, journalists of foreign mass media also came to the building of Military court to supervise this court trial. As is well known, the authorities are afraid of publicity and do not want the trial against NSS officials to cause public resonance. 

      Officials of NSS and MIA commit many murders in the pretrial detention facilities. It is enough to name the murders of Farhad Usmanov, Ulugbek Anvarov, Nosir Saidaminov, Emin Usman, Shavrik Ruzimuradov; and all these remained unpunished.

These facts have become known owing to the correspondent of IWPR and active actions of the Uzbek human rights defenders.  

 

 

***

 

The authorities try to convince the public these crimes are the excessive acts, i.e. these actions have not been authorized by the higher authority. But in fact, the initiator of all reprisals is the president Islam Karimov.

For the existing regime it is advantageous to hold a society in fear. All those who try to tell the truth about Uzbekistan are defamed in official mass media. The only purpose is to make people distrust those who tells the truth; and to make them afraid to address to human rights defenders, to the leaders of opposition parties. That is why the participation and support of the international organizations supervising the observance of human rights is very important and necessary.

The authorities of Uzbekistan persecute the human rights defenders for their truthful estimation of a situation in Uzbekistan in its everyday display. The regime of Islam Karimov has a reason to limit the right and opportunities of human rights defenders of Uzbekistan therefor.

    

      During last three years, the human rights defender Surat Ikramov is under pressure of the Uzbek special services. He is a chairman of Initiative Group of Independent Human Rights Defenders of Uzbekistan (IGIHRDU), the head of "Group of Urgent Response to Tortures" organized by Freedom House in Tashkent. The authorities aspire to suppress the disagreeable human rights defender and other members of IGIHRDU. Therefore, on 19 November 2003 Surat Ikramov had myocardial infarction.  And the last of the attacks organized against Surat Ikramov hardly cost him life. [A/14]

     On 28 August 2003 at 10.30 a.m. in Kuk-cha area, four masked people dressed in camouflage stopped Surat Ikramov while he was driving his car. The attackers dragged Ikramov out of his car, bound his hands and feet, put a plastic bag over his head, and drove him away in an unknown direction. The kidnappers beat him the whole time. When he tried to call for help, the kidnappers tightened the plastic bag on his head, depriving him of oxygen. The attackers took Ikramov to the countryside, where they got him out of the car and continued beating him with their feet and sticks.

They left at midday, leaving him lying with his hands and feet bound and with a plastic bag over his head. They stole Ikramov's personal money and belongings.  The kidnappers blackmailed 10 thousand US dollars; they partially destroyed the car VAZ 2101. Ikramov got serious physical injuries, two broken ribs, numerous bruises, and blows to the head and all over the body.

Ikramov managed to get the plastic bag off his head and crawl to a nearby police station by Chirchik River, Verkhne-Chirchik region of Tashkent district. It took him five hours to overpass a distance of four kilometers. Ikramov thinks that this attack was organizes by the special services.

      Commenting this fact of banditry attack in his interview to IWPR, Surat Ikramov has named some reasons, which have prompted the authorities to take such extreme measures: "I should defend Ruslan Sharipov again. This very day in the morning, I was in the court and talked to Judge Ganisher Makhmudov who warned me against getting involved in Ruslan Sharipov's case.

On 29 August, 2003 the group of human rights defenders planned to organize picket in front of Oliy Majlis (parliament of Uzbekistan), where regular session was beginning its work. We wished to demand the release of Ruslan Sharipov, and also to put forward other requirements, including the resignation of president Islam Karimov", Surat Ikramov explained.

      In his activity, the human rights defender Surat Ikramov defends the principles of human rights and freedoms. Despite the persisting threats of the authorities, he openly criticizes the government of Uzbekistan, the president Islam Karimov and the actions of special services. He thinks that up to this very day his constitutional laws about liberty of ideas, word and beliefs and about equal opportunities to participate in a public life of the country are broken. Indeed, the right and freedoms of Surat Ikramov were infringed. His house is under constant supervision of special services; and the external supervision is kept over his movement within the limits of the republic.

      It is not excluded that they want to intimidate S.Ikramov by physical and mental influence and force him to refuse from human rights defending activity.  His belongings have been stolen with the purpose of imitation of robbery in order to qualify this incident as the usual criminal case committed with lucrative impulse. It is possible that the withdrawal and extortion of Surat Ikramov's belongings is an excessive act. Therefore, the attack on Surat Ikramov has been organized so that it looked like a robbery on the objective side as if the motive of a crime is lucrative, the purpose is to withdraw the belongings. 

      From the very beginning, the organizers of this crime planned this attack certainly as a preventive measure. However, during violent actions and beatings, the criminals were convinced that Surat Ikramov is a strong-willed person, and he is not broken mentally. It was then that they took the decision to murder him.

Criminals have left him in a deserted place, far from roads, lying with his hands and feet bound and with a plastic bag over his head. It is also necessary to qualify the actions of the criminals committed this robbery of Surat Ikramov (on 28 August,2003) as attempt of murderous assault with aggravating circumstances , in connection with doing of the civic duty by the victim. It accords with article 25 (attempted commission of crime), article  97 , part 2, items  d, h (Premeditated murder with aggravating circumstances in connection with doing of the civic duty) of Criminal Code of republic Uzbekistan. The crime has not been consummated for reasons beyond the control of the attackers.

The attack on Surat Ikramov should be qualified as robbery (article 164, part 4, item c) and as extortion (article 163, part 3, item a) of Criminal Code of republic Uzbekistan. (Demand of assignation under threat to apply violence against the victim or his relatives). By the given case the examination is delayed for eighteen months; most likely, on customers' intention of this attack.

 

      Ruslan Sharipov is an independent journalist and human rights defender. He has been accused of sodomy, and corruption of youth. The case was fabricated by the investigators against whom Ruslan Sharipov repeatedly lodged complaints as the human right defender.

Judge Ganisher Makhmudov has brought in a verdict of guilty to Ruslan Sharipov. The day before Ruslan Sharipov criticized in press the actions of judge G.Makhmudov concerning the criminal procedure of Vladimir Lutsenko, the participant of consequences liquidation of the Chernobyl nuclear reactor disaster. Ruslan Sharipov took part in this criminal procedure as a journalist and a human right defender. The same judge Ganisher Makhmudov conducted the criminal procedure of a human rights defender Elena Urlaeva. Ruslan Sharipov has paid attention of the public to the judge G.Makhmudov's partiality. [A/15] 

Ruslan Sharipov had all bases to believe that the judge Ganisher Makhmudov had negative attitude to him. Therefore, he asked the court for the recusaton of the judge G.Makhmudov to avoid the infringement of principles of neutrality and impartiality. The judge G.Makhmudov was not recused by the court. It is the basis for setting aside of judgment according to article 76 (part 1, item 3) of the Criminal Procedure Code of Uzbekistan (the circumstances excluding the participation of judge in the case), which obliged the court to recuse the judge Ganisher Makhmudov.  

The second reason for setting aside of this judgment is that Ruslan Sharipov has pled guilty under tortures, and threat of reprisals against his relatives. He was forced to refuse the lawyer, the defender and to ask for president Karimov's pardon. Recently Ruslan Sharipov has published the report "Uzbek Prisons - A Survivor’s Guide". [A/8] It is a first-hand account of torture, humiliation and forced confessions and about corruption in penitentiary system. In this material, there are real names of the condemned and those who continue the criminal activity on behalf of the government. The confession of guilt forced under tortures and threat of reprisals against his relatives is the basis for setting aside of judgment and the dismissal of criminal case concerning Ruslan Sharipov.

Ruslan Sharipov's appeals to set aside of judgment, including to the Supreme Court of Uzbekistan, have been remained without satisfaction.

Ruslan Sharipov has been compelled to leave Uzbekistan owing to pressure of the authorities. Now he is in forced emigration.

Due to his views, Ruslan Sharipov continues to blast the plans of those who thrust their ideology of obedient majority on the Uzbek society. He searches for answers to the questions exposing the government. His boldness, dissent and fidelity to principle have become the reason of his prosecution.

      The president Islam Karimov, and the officials of the state and judicial authorities could not slide round his frank statements about the infringements of human rights and about corruption in the highest authorities. The censorious remarks always cause irritation of the ruling regime.

The international association "For Democratic Reforms and Protection of Minorities in Uzbekistan" is a nongovernmental organization founded in 2002 by political refugees; nowadays they live in Belgium and in other countries of the Europe. The participants of this association carry out regular protest actions of the existing regime.

 

Photo: Participants of Demonstration

 

 

On 22 December 2004, in Bruxelles, in front of the building of the European commission, the participants of Association have lead peace demonstration. They aspired to draw attention of the governments and the international organizations to the fact that the Uzbek opposition parties cannot take part in parliamentary elections. The leaders of these parties are the forced emigrants. Many members of these parties, living in the republic, are persecuted by authorities for their political convictions. Since 1992, these parties have the illegitimate status. They are refused in registration according to the far-fetched motives. Authorities assert that nowadays the Uzbek opposition living in the countries of OSCE represents serious ideological threat, since it unleashes religious and inter-nation dissension.

Sadik Safaev, the ex-minister of Foreign Affairs of Uzbekistan officially declared about it on 7 September, 2004 during the meeting with the OSCE Secretary General Jan Kubis. He also expressed regret that the governments of the OSCE countries allow the opposition to be freely engaged in this activity. [A/9]

The further succession of events has confirmed the fact, that the government applies active actions against democratic opposition of Uzbekistan.

Thus during the protest action on 22 December, 2004 in the photograph of the correspondent, there got casually a person who photographed secretly the participants of the demonstration. As it was found out later, it was Jamshid Mutalov, the first secretary of embassy of Republic Uzbekistan in Belgium. The identifying data of this official: tel:02/6728844, fax:02/6723946, GSM:0484/671929,
e-mail: press@uzbekistan.be

 

                      

Photo: Jamshid Mutalov is taking a photo of the demonstrators.

 

After the statement of the Minister of Foreign Affairs, the special services of Uzbekistan have begun the company of persecutions against the relatives of this association participants. Special services demanded to influence the Belgian relatives in order to stop political appearances against the government of Uzbekistan. At that, they showed photos of participants of meeting and threatened them with physical violence; they threatened to institute criminal proceedings for implication in plot aimed to overthrow the constitutional structure, for propaganda of national and religious hostility. Two participants of the Association have left it, being afraid of reprisals against native and close ones. This fact has been confirmed in press-cutting service of the Association.

The international association "For democratic reforms and protection of minorities in Uzbekistan" aspired to draw attention of world community to a question of refusal in registration of the opposition parties in the Republic Uzbekistan. It has deprived them of their right to have the representatives in the parliament of the country. The forced emigrants from Uzbekistan have mainly taken part in the mass demonstration. Applying to the international institutions of democracy and human rights, they carry on a political struggle with the existing regime of Islam Karimov and they uphold the Uzbek people’s interests.

The analysis of matter of the demonstrators' posters and slogans shows that there are no appeals of extreme radical views. They do not call for overthrow of the existing power, unleash nation dissension, or discrimination. The requirements and actions of the participants of Association accords with the existing Constitution of the Republic Uzbekistan and the International covenant about the civil and political rights, with:

article 19 (the right to hold opinions and freedom of expression),

article 22 (the right to freedom of association),

article 25 (the rights to take part in the conduct of public affairs).

This event shows that the officials of embassy of Uzbekistan in Belgium, and perhaps in other European countries keep a look-out of the members of the Uzbek opposition living outside the fatherland nowadays. Their actions are aimed at suppression of activity of members of this Association, influencing through the relatives living in Uzbekistan.

 

***

 

In Uzbekistan, the death penalty is applied to the persons who are accused based on forced false confession obtained under unlawful methods of influence.

At present, the Criminal Code of the Republic Uzbekistan (CC R Uz) provides a death penalty according to article 155 of the CC RUZ "Terrorism" and article 97, part 2 "Intended killing under aggravating circumstances". Four years before the quantity of "rasstrelnyh"* articles was four, and early in 90th they are sixteen.

 

Analysis of the cases received by the nongovernmental non-profit organization (NGNPO) "Mothers Against the Death Penalty and Torture" testifies about mass infringements of human rights made by the courts and by the staff of power structures of Republic Uzbekistan. This negative experience is widespread all over the republic. The total number of those sentenced to a death penalty during last 15 years is the classified information. In one of his interviews the president Islam Karimov has told, "In 2004 the courts of Uzbekistan have passed from 50 up to 60 death sentences. Eight years ago there were more than hundred of such verdicts".

The estimations of this problem by human rights defending organizations cannot be objective either, as they make conclusions basing only on those facts, which were the subjects of their studying.

Quite often in its practice, the NGNPO "Mothers Against the Death Penalty and Torture" collides with the infringement of the right to a life, according to article 6 of ICCPR.

On many criminal cases the investigating bodies and court carry out the investigations with the roughest infringement of the Criminal Procedure Code and, as sequent, of the Constitutions of Republic Uzbekistan which guarantees:

- observance of the constitutional and international norms of human rights,

- the right to a life,

- humanity and justice,

- presumption of innocence,

- the right to fair and independent hearing.

Notwithstanding the existing legislation, the confessions obtained under torture underlie the charge and the verdict.

The NGONPO "Mothers Against the Death Penalty and Torture" actively cooperates with the UN Committee for human rights, with the department of individual complaints of the Office of the UN High Commissioner for Human Rights.  This human rights defending organization prepared and sent 51 appeals concerning the persons sentenced to a death penalty. The UN committee for human rights has already sent verbal notes with the recommendation to suspend execution of a verdict. Unfortunately, in 20 cases the sentence was executed despite the intervention of the United Nations Organization. The list of these persons is applied. [A/6]

Uzbekistan has signed the First Optional Protocol to the International Covenant on Civil and Political Rights.  According to this protocol, the death penalty must not be executed while these cases are under consideration by the U.N. Human Rights Committee. The object-lesson of cruelty and arbitrariness of authorities is the appeal to Tamara Chikunova of Aleksey Buryachek, sentenced to a death penalty. [A/11] He has deprived himself of the eyesight, as a token of the protest against the existing system of crimes investigation. By this last-ditch attempt he decided to attract the international public's attention to this problem.

In 15 cases the death sentence is replaced with 20 years of imprisonment. Sixteen individual complaints of those sentenced to a death penalty are registered in the Office of the UN High Commissioner for Human Rights; on ten of them the Supreme court of Uzbekistan has suspended the execution of a death penalty. The others 6 persons are waiting for the death sentence.

Numerous applications of the victims of authorities' abused discretion to the law-enforcement and other bodies of the government, authorized to consider the letters of citizens and public organizations, have not produced a positive result. Most often, there are formal replies, if any at all. Over several years, NGNPO "Mothers Against the Death Penalty and Torture" is in correspondence with militia, prosecutorial bodies, and the Obdusman Institute. On the subject of application of torture, the authorities reply that no infringements of human rights are established while investigating a criminal case. 

 NGNPO "Mother Against the Death Penalty and Torture" submits sends information repots to the UN Special Rapporteur. In 2003, the report on seven cases was prepared. Thanks to the activity of this human rights defending organization, the courts have instituted two criminal cases on the facts of application of tortures. 

 

 

      On 29 September 2003, the NGNPO "Mothers Against the Death Penalty and Torture" appealed to the president of Uzbekistan to introduce the moratorium on execution and adjudgement of the death penalties; legislatively abolish a death penalty and ratify Second Optional Protocol to the International Covenant on Civil and Political Rights, aimed to abolish a death penalty. Unfortunately, the president of Republic Uzbekistan Islam Karimov thinks that it is a question, "that time has not come yet..." He referred to the results of the Gallup poll. According to human rights defenders, 1000 persons have participated in the poll, and 90 % of them have given their voices for a death penalty. Such data should not be considered as objective ones. The authority should create all conditions for the profile and systems analysis of the sentences past during last 10 years. It is necessary to revise the proofs that laid the basis for charge of those sentenced to death. These conclusions are to be generalized and discussed, including in mass-media. Institute criminal proceedings against the guilty persons. It is necessary to involve into this process as much population as possible, including lawyers, human rights defenders, public figures, representatives of art and jurisprudents.  The citizens of the republic should familiarize themselves with the analysis of criminal situation in the European countries, which have cancelled a death penalty. For the country with the population of more than 25 million people, it is expedient to solving the given problem by a referendum.

In opinion of many human rights defenders, it is necessary to introduce promptly the moratorium on the death penalty in Uzbekistan. This is a way to prevent the execution of death sentences based on the forged proofs and testimonies obtained under torture. The reforming in law-enforcement and judicial bodies is not completed. In connection with the fact that the state cannot ensure the juridical purity of the examination and judicial proceeding, it is necessary to solve immediately the question about the introduction of moratorium, or about abolishing/application of a death penalty. Practice shows that there is a great risk to execute innocents. The certain part of the population of Uzbekistan and the world community adheres to such opinion.

The discussion of the question about a death penalty in Uzbekistan is the proof of the fact that too many death sentences are pronounced in Uzbekistan. Many citizens of the country as well as experts doubt the validity of such sentences. This fact should become a serious signal for the political leader of the Uzbek society Islam Karimov who has assumed the responsibility to protect human rights in Uzbekistan and to be the guarantor of the Constitution. However, in practice, he adheres to a strange principle of Friedrich the Great, "My people and I have come to the agreement - they will say what they wish, and I shall do what I wish".

Thus, it is possible to establish the fact that from 1991 to 2005 the protection of the right to a life (article 6 of ICCPR) has not become priority for the authorities of Uzbekistan.

Many citizens of Uzbekistan have a profound respect and gratitude for Tamara Chikunova, the director of the nongovernmental non-profit organization "Mothers Against the Death Penalty and Torture".  For the fruitful activity in the field of human rights, T. Chikunova has become the laureate of the international premiums “GOLDEN DOVES FOR PEACE”, “La DONNA Dell’Anno 2004”, “NURNBERG-2005”.

The story of human rights defender Tamara Chikunova causes deep impression. She suffers because of loss of the very dearest person, the only son Dmitri Chikunov. The Uzbek state slew him.

The verdict of guilty on Dmitri Chikunov was brought only on the basis of his own confessions obtained under tortures and threats of reprisal against his mother. In spite of the fact that statements of confession must be confirmed by other evidence of the condemned's guilt. In Uzbekistan the criminal cases on grave crimes are investigated with an accusatory deviation. As a result, the presumption of guilt turns out. The suspected has to prove that he did not make a crime he is accused of. It infringes article 7 of ICCPR (no one shall be subjected to torture) and article 14 item 2 (everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law).

From the prison Dmitri Chikunov transmitted the dying letter to his mother. [A/13] He asks mother to forgive him for a confession of the crime he did not commit. He explains that he has confessed to save her. Its content has been published in many mass media.

In 2000, after the execution of her only son, Tamara Chikunova has set up the nongovernmental organization and has named it "Mothers Against the Death Penalty and Torture". She works to abolish the death penalty.  She is actively helped by the people whose relatives are under examination, sentenced to a death penalty, accused under articles envisaging a death penalty, or tortures are applied to them.

Tamara Chikunova's office is in her apartment. Here she receives the visitors. Members of the organization come here. All activity is carried out honorary.

 

 

 

 

Photo: Extract from Dmitri Chikunov’s letter to his mother.

 

On 5 December, 2003,in Tashkent, by Tamara Chikunova's initiative, "Mothers Against the Death Penalty and Torture" planned to hold a conference, "Death Penalty: Analysis, Tendencies and Realities" . This initiative was supported by the OSCE Office for Democratic Institutions and Human Rights, the British embassy in Uzbekistan and international human rights defending organization Freedom House. About hundred representatives of the international organizations, embassies of the foreign states in Uzbekistan, religious faiths, the juridical organizations and the journalists accredited in Uzbekistan should have taken part at this forum. Twelve hours before the beginning of conference, the authorities forbad to hold it.

In 2004 Tamara Chikunova made a goodwill tour to the countries of the Europe and Canada, organized by the initiative of "Amnesty International" with the aim to call the government of Uzbekistan to abolish a death penalty. In all the visited countries, Tamara Chikunova collected signatures of citizens for the appeal to the president of Uzbekistan about abolishing of a death penalty in Uzbekistan. Altogether, more than 40 thousand signatures were collected. All of them are transmitted to Islam Karimov.

The cases are known when the persons condemned for murder were sentenced to a death penalty; and further, the newly-revealed circumstances changed essentially the opinion on the act of the sentenced. However, it was impossible to correct this fatal flaw any more. Every normal man understands that no circumstances can become the reason to violate the principles proclaimed in the Constitution based on the principles of the Universal Declaration of Human Rights.  The country, chose a democratic way of development, has no right to become the murderer of own citizens.

 

***

 

Article 28 of the Constitution of Uzbekistan entitles to freedom of movement of citizens on the territory of the country; as well as a free entry to and exit from it. This notwithstanding, the sublegislative statutory acts are issued restricting the right to movement and a registration of citizens at the place of residence, chosen by them at their own discretion. Thereby, the rights and freedoms, and other social guarantees of the citizens are infringed according to article 12 of ICCPR (the right to a liberty of movement).

The modern system of a passport registration in Uzbekistan exists to control the population shift. It facilitates the search of persons who are of interest to the law enforcement bodies; for example, dissenters. This system underlies an authoritarian political regime of the country. The issue of passports and a passport registration have been introduced as far back as in the time of the Soviet power.

The registration restricts the right of proprietors to own, use and dispose their property at their own discretion. In history of the USSR there were several attempts to refuse it; but representatives of law enforcement bodies always hindered in it.

On 23 December, 1994 the president of Uzbekistan I.Karimov has issued the decree "Implementation of "Regulations about passport system in Republic Uzbekistan". On the basis of this sublegislative act the officials of militia and other power services have been permitted to infringe the citizens' constitutional rights. Many long years the authorities hinder in the enactment of the Law of Republic Uzbekistan "About a freedom of movement and a free choice of a residence in Uzbekistan".

Representatives of militia under a pretext of check of documents and presence of a passport registration abuse their position. They obstruct artificially the prompt registration to force the citizens to bribe the officials of militia.

Especially rigid restrictions on a registration, legal job opportunity and acquisition of habitation exist in Tashkent. They have arisen after the acts of terrorism in February, 1999. Some days after these tragical events it was divulgated  the Decree #2240 of the president Karimov  "On improvement of the passport system of the Republic of Uzbekistan"  and a number of Cabinet Council regulations; at present it is impossible to find out the majority of them in any information database on legal questions. The population of the republic lives in legal vacuum. Extremely insufficient quantity of legal literature promoting legal education of citizens is published. Probably, it is because of paper deficiency; and maybe this regime does not need educated people because in this way it is easier to govern them.

In 2004, the system of a passport registration in Uzbekistan has become tougher following the acts of terrorism in the open-air market "Chorsu" in Tashkent and the explosions at embassies of the USA and Israel, and also at the building of General Prosecutor's Office. The authorities aspire to limit and take over the control of the inhabitants’ inflow from countryside into cities. In opinion of the existing authority, the countrymen represent a breeding ground to disseminate the extremist ideas of different sense, particularly, the militant ideology of Islamic fundamentalism, with its populist promises of general equality of Moslems and "justice by Shariyat". Many of today's migrants come to the capital with the purpose to gain a living. The citizens think that the administrative barriers to a registration are created, first of all, in the interests of the corrupted officials who elicit considerable self-profit from the bureaucratic restrictions. Time is ripe for enactment of the "Law of the Republic of Uzbekistan about passport system, registration, and residence permit of citizens in Uzbekistan". The notifying principle of registration of the citizens' entry and stay should be assumed as a basis of the given law.

On 15 April, 1999, the president of Uzbekistan I.Karimov ratified the amendments into article 223 of Uzbekistan Code About the Management Responsibility. Now the infringement of passport registration rules, residing without the passport or with bad passport, without temporary or constant residence permit  or registration, voluntary waste,  and also the negligent storage of the passport followed by  its loss result in  imposing the fine at the rate of one to three minimal salaries.

The use of the passports in selfish ends by the citizens who has declared the loss of the passports,  and also the use of the passports belonging to other citizens results in imposing the fine at the rate of five to ten minimal salaries.

The permission of the persons responsible for observance of passport system rules to reside without passports or with bad passports, or without a residence permit or registration, as well as the permission of citizens to reside in the places of their habitation the persons without passports, without a residence permit or registration results in imposing the fine at the rate of three to ten minimal salaries.

Employment of citizens without passports or with bad passports, as well as of citizens residing without a residence permit or registration, and also the unlawful taking of passports from citizens or taking of passport in pawn results in imposing the fine at the rate of five to fifteen minimal salaries.

Profiting by the explosions taken place in Tashkent on 16 February, 1999, the authorities have increased the fines concerning a passport registration three times more!

According to information dated 1 December 2004, in Uzbekistan the minimal salary was 6530 Uzbek sums. For residing without a temporary or a constant registration the citizen is fined up to 19590 Uzbek sums; the person permitted a constant or a temporary residing of the citizen in his house without a registration is fined up to 65 300 Uzbek sums. The official employed the person without a registration is fined up to 97950 Uzbek sums! (at the rate of 1 US dollar = 1050 Uzbek sums). The official of militia, having detained the citizen without   Tashkent city registration draws up the report in certain time and then he fines for a big sum. In most cases, the citizen, wishing to avoid the administrative responsibility, offers the official a bribe, which is less than the fine stipulated by the law. Naturally, the official of militia does not draw up the report of administrative infringement. Thus, the institute of a registration promotes corruption in a society.

In the majority of the world countries, there is not a registration, but there exists a registration of the citizen, which has only notifying character, and not the licensing one.

The human rights defenders of Uzbekistan repeatedly raise a question to abolish the system of passport registration. Meanwhile, the authorities that it is inexpedient and they infringe article 12 of ICCPR that says, “everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.”

***

The work of law enforcement bodies and special services is estimated by the quantity of the revealed and detected crimes.

Researches of the last years clearly show that the Uzbek operational-investigative officials make:

 

- falsification of proofs;

- coercion to evidence;

- bringing to the criminal liability being fully aware of his/her innocence;

- false arrest, taking into custody and holding in custody;

- excess of power;

- abuse of power.

 

In the Criminal Code of Uzbekistan, all the above-listed crimes are qualified as crimes against justice. The subjects of these crimes are officials of the law enforcement bodies.

The main reason for the unlawful methods of the operational-investigative officials' work is explained by the imperfection of accounting policy of crimes and mishaps registration. Having the allegation of the victim about infringement of his/her rights, the law enforcement bodies aspire to detect it as soon as possible; and if they fail they are even ready to falsify the proofs. As a result, criminal proceedings are instituted against innocent persons. The proofs are obtained under mental and physical coercion. It is the most widespread method of work of the law enforcement bodies’ officials. They aspire to conceal such crimes*, or to detect a crime in any way, or to refuse in institution of proceedings. The result of these public authorities' activity is defined by the crime detection rate during a quarter, half-year and a year, in comparison with the last year. The approach of statistics reflects the notorious plan of crimes detection by the principle: "During the quarter of current year to produce the better results than those of the last year". Especially it concerns the registration of economic crimes when the applicant of a crime is often absent. The officers of the criminal investigation department must reveal the crime themselves and to register crimes according to the report. Further, the chiefs of the investigating body oblige the investigator to direct the case to court by any means. In a category of economic crimes, the work of the officers of the criminal investigation department and inspectors is estimated by the sum of the caused and repaired damage, done to the state or citizens; and by the quantity of the revealed, prevented crimes.

 

 

Therefore, in most cases, the representatives of the law and order inflate artificially the sum of the caused damage and the quantity of detected crimes, infringing an essential principle of objectivity of crimes investigations. The only purpose is to show the results of their work.

 

***

 

Here are several examples from the practice of Human Rights Society of Uzbekistan. On 31 March, the Dzhizak Assistant Prosecutor Bobir Tuychiev has instituted criminal proceedings No 02-1444 based on the results of audit of "Banking Operations Department" of the joint-stock commercial bank "Pakhtabank". In the materials of proceedings it is pointed out that the audit was carried out on 31 March, 2004 by the Dzhizak Public Prosecutor Office. The HRSU Chairman Tolib Yakubov takes part in this process. He is the defender of Hamid Sultanov, the ex-manager of banking operations department of Dzhizak branch of joint-stock commercial "Pakhtabank". Studying the materials of this case, Tolib Yakubov has found out that the main document of this criminal case “Decisions to institute a criminal proceeding” is falsified. According to article 322 of the Criminal Procedure Code of the Republic of Uzbekistan in this document there must be pointed out the grounds to institute a criminal proceeding".

At every regional hokimiat, the “Regional territorial commission on coordination of supervising bodies’ actions” functions to control the activity of enterprises. This Commission approves the annual schedule of carrying out the inspections of this region (district) managing subjects by the supervisory bodies. Infringement of the approved inspections schedule entails an abolition of results of the inspection.  

Tolib Yakubov has forwarded inquiries to the “Regional territorial commission on coordination of supervising bodies’ actions” and to "Pakhtabank" demanding whether the Dzhizak Public Prosecutor Office performed an inspection in the Banking Operations Department of “Pakhtabank” in the period from 1 January, 2004 to 31 March, 2004. The answer was negative, i.e. the inspection had not been performed. It became known that the Public Prosecutor's representative instituted the criminal proceedings No 02-1444 without any grounds and reasons. On these grounds, the given criminal case is considered to be fabricated, and therefore it is illegal.

On 14 October, 2004 Tolib Yakubov applied to Inatulla Albekov, the public prosecutor on supervision of investigative actions execution, with the requirement to dismiss the criminal case No 02-1444 and to rehabilitate the defendants because it was initiated on the basis of the false decision. Until now Dzhizak public prosecutors Inatulla Albekov and Ravshan Mukhitinov keep silence. At the same time, the public prosecutor on supervision Inatulla Albekov signed the indictment on this criminal case and referred it to the court. The Chairman of Zafarabad district court Hosilmurod Kushmatov initiated proceedings in the case. On 4 February, 2005 the court issued an illegal judicial Decision about referring the criminal case No 02-1444 to the reinvestigation.

Defendant H.Sultanov is in prison since 1 December, 2004. All attempts of human rights defender Tolib Yakubov to uphold Sultanov's right are still unsuccessful, because in Uzbekistan there is a faulty practice, i.e. the verdict of guilty is always pronounced if a criminal case is referred to the court. A stereotype has formed: "An innocent does not get to the court...”

Other example concerns the destiny of Bunyor Zhorabaev from Tashkent. In December, 1999, he was condemned by Chirchik City Court on criminal cases.  B.Zhorabaev was still minor then. The court condemned three young men on this case. They were sentenced to long terms of imprisonment (15-16 years). In the end of 2004, the human rights defender Tolib Yakubov took part in this case. Studying the materials of this criminal case, he found out the absence of "Decisions to institute a criminal proceeding". Usually this document is on the first page of the first volume of criminal case. According to article 322 of the Criminal Procedure Code, this decision reflects the grounds to institute a criminal proceeding. Its absence leads to necessity to terminate the proceeding in the absence of a crime, with the further rehabilitation of the citizen. Such procedure is determined by the legislation long ago. However, materials of this case were submitted to the court and the judge of Chirchik City Court on criminal cases Mansur Musaev initiated proceedings in the case. He pronounced an illegal sentence. The given criminal case passed appeals, cassation and other instances, but none of these establishments stopped a crime against justice. The three young men are wrongly serving their sentence, i.e. 5,5 years of imprisonment. Tolib Yakubov has twice addressed to the Chairman of Chirchik city court H.Sagdullaev, and then three times to the Chairman of Tashkent regional court Juldash Nazarov. All is in vain! There are only formal replies from these establishments. Such practice of the law enforcement bodies is explainable. By the law, at the discharge of the defendant, the state have to repair moral and material damage, i.e. exculpation, according to articles 301-313 of the Criminal Procedure Code of the republic of Uzbekistan. The initiator of "the collapsed criminal case" is the public prosecutor, as the person supervised the investigation. This circumstance forces the court to pronounce a sentence, even if there are no sufficient proofs about the defendant to be guilty.

Practically, we do not know the cases of defendant's discharge. And if the investigator withdraws an action, or if the judge pronounces a verdict of not guilty, i.e. does not execute the order of the public authority the public prosecutor reverses the determination to withdraw the action and refers the case for the reinvestigation.

Moreover, the sanctions are applied to the "guilty" inspector, including his dismissal. The judge who has pronounced the verdict of not guilty is punished if this verdict is reversed by higher court according to the protest of the public prosecutor or on his own initiative. It is considered as a defect in his work. Several reversed verdicts are the basis to raise the question about his official competence. It concerns those crimes and defendants ordered by the authorities. Journalists, human rights defenders, and lawyers are concerned to this category. In such a way, the authority punishes the dissenters.  Taking the criminal proceedings against this category of citizens, the proofs are falsified: it is put stealthily the leaflets of the forbidden parties, narcotic drugs, the weapon, ammunition, etc. The rest is a trick. The investigation of such criminal case is carried out ordinary.

 

***

 

For the victims of such state policy the judicial authority does not ensure the effective protection. The courts are dependent on executive authority, from the point of view of financial provision and formation of the judicature.  All this occurs by traditions established as far back as in the time of the Soviet power; and the judge perceives himself as the part of the state system and, more often, shows solidarity with the government lawyer.

In the republic, the trying of criminal cases is delayed for long terms. Long the arrestees have to wait for a trial. This problem is connected with the big load of the judges. For the faster trying of the cases in the courts, it is expedient to introduce the institute of world judges into the Criminal Procedure Code. It will allow to reduce the terms of waiting for the court by the persons on trial. The world judges should try the cases about the committed crimes of the small and moderate gravity providing custody up to 5 years. The cases of the world judges should be examined individually. Thanks to the world judges, firstly, the terms of trying of such criminal cases are reduced, and secondly, it will be possible to involve in this work the citizens who have not earlier worked in judicial system.  

 

***

 

Particular situation has developed with national minorities in Uzbekistan, for example, with the Russian-speaking population.

According to census of 1989, there were 1,652,179 Russians in Uzbekistan (8,3 % of all population of the republic). The growth of their number has especially strengthened after the earthquake of 1966 when tens thousand of people have come to Uzbekistan from all the Soviet Union to restore the destroyed economy and infrastructure of the republic. In the eighties, this growth has noticeably decreased. In 2004 there were 300 thousand Russians fewer in Uzbekistan.

The social status of the Russians was very high in Uzbekistan. The workers of engineering specialties, engaged in brain, highly qualified work, occupied the significant weight in their structure. 95 % of Russians lived in cities, 42,3 % of them lived in Tashkent. The Russians of Uzbekistan, living in countryside, knew local language much better than in other Central Asian republics.

Already from the middle of the eighties, the heightening of the international tension has noticeably affected on position of Russian population in Uzbekistan. During the period from 1989 to 1995, 21,7 % of the Russians living in the republic before its independence have left Uzbekistan for Russia for constant residence. Altogether, during the years of independence each third Russian has left the republic. [A/5]

In peace time people leave their native land and run away. The problem is intensely ignored. For that, a blasphemously convenient term "economic migration" has been contrived. All the national services on human rights protection shut their eyes to the national minorities' discrimination in Uzbekistan. Officials create any obstacles for departure of Russians and other representatives of national minorities: do not give containers for sending belongings, and transport to convey these containers. People have to sell for nothing their belongings and apartments, and to leave for Russia or far abroad where nobody waits for them either.

In 2003 the meeting of schools superintendents was held in Uzbekistan. The participants received some shocking instructions, namely: from the school libraries to withdraw and destroy the textbooks published in Moscow by the publishing house "Prosvesheniye". Further, keep vigilant watch and do not allow pupils and especially teachers to bring these textbooks from home. In case of infringement of this order, the rebellious teachers must be dismissed immediately. The matter concerns not the textbooks on history, social science and the literature (they have got in the list of forbidden textbooks in the early nineties). But the fact is that in Uzbekistan it is only allowed to use the textbooks of the local authors and the limited number of the Russian textbooks which are used at schools only temporarily while there will be their Uzbek analogues.

According to the numerous stories of eyewitnesses, (children and teachers), the commission from two-three persons came into the classroom and demanded the pupils to show everything they had in their school bags. Then, there began surveys, a search of all the bookcases to find out whether there the educational literature published in Russia is hidden there. And God forbid, if there were any.

The day when the chief of National Education Department Islam Zakirov came to Tashkent school No19 has remained for a long time in the memory of the teachers and the pupils of this school. He was furiously indignant when he saw the storybook by Konstantin Paustovski (a Russian writer, master of lyric prose) on the teacher's table. The chief began to tear this book to tatters before pupils' and teachers' eyes.

As a matter of fact, the state itself unleashes   the national dissension, and the following example clearly shows it.

The textbook on History of Uzbekistan by the author Z.Rakhimov eclipses reality. In this textbook, it is much spoken about how the Russians robed local residents, killed women and children. The term "Russian spies" is cited 292 times in the textbook from 316 pages. The concept of History of Uzbekistan teaching went as follows. The whole course of this subject is divided into two parts. For example, in the 9^th class the History of Uzbekistan makes 68 hours. The World History makes 68 hours. The History of Russia makes 8 hours. The most problem period in the history of mutual relations between Russia and the states of the Central Asia is the second half of XIX -beginning of XX centuries. As the authors of the textbooks write that is the period of gains of the Central Asia territory by the tsarist Russia. The titles of paragraphs, for example, in one of the chapters of the History textbook for the 5^th class (the author is Buribay Ahmedov, in 1999)testify  to it: "Conquest of Central Asia by Russia", "Own the East!", "Revolt of Duchka-ishan", "Independence strangled in a cradle", "People and its culture are not to be destroyed!" It is not casual that this textbook was criticized not only by teachers of Russian schools, but also by scientists-historians. The reason is a discrepancy of historic facts, and inadmissible turns of speech. Here are the samples: ".. Krasnogvardeets (Red Guard) Perfilyev formed the military connection from the criminal elements and insurgents of the Armenian national party "Dashnaktsutyun" which had surged on the territory and for whom the murder was a habitual matter"; "Bolsheviks have begun the systematic actions directed on the destruction of Kokand Mukhtoriat, Lenin himself headed the struggle against them". This current textbook is subjected to replacement in 2005.    

      In general, the reality of that time was much more complicated and was not painted in black-and-white tones at all, as it follows from the work of the stated author. So frequent mentions of women's, old men's and children's massacre (P. 99, 103,112, 114, 115, 118, 184, 186,etc.) de minimis represents the facts.  The author's estimation of the contribution of Russian scientists and experts in the development and studying of the region causes bewilderment. The author calls them "colonizers' accomplices" (p.303). And in fact it is no secret that the history of the country abounds in the facts when, for example, the Russian doctors sacrificed their lives to save the local population from epidemics (Bukhara in 1894, Kokand in 1910, etc.) Here are the most eloquent citations from this book showing its value as manual for children: "Russia is the thief of property on a global scale" (p. 133), "the history itself has provided Russian people with abilities of the colonizer" (p. 195), "Both tsarist Russia and  Soviets brought up Russian people in spirit of chauvinism" (p. 6). Taking into consideration that children are taught with this textbook more than 6 years, it is possible to conceive a deformation degree of the future generation’s attitude to the Russians and Russian-speaking people.

Islam Karimov repeatedly  declared  publicly that base principles which underlie the future of Uzbekistan is, of course, the  traditions, national features, mentality of people and everything connected with the history of people and its culture, coupled with the achievements of world civilization. But in fact, the Russians and the Soviet past is also a part of Uzbekistan history. And protection of the national minorities' rights is one of the basic principles of democracy. Why doesn't the government of Uzbekistan observe article 26 of ICCPR about an interdiction of discrimination?

When the state treats unfairly the minority, it is a weak point sign of the existing laws of the country, because the society where it is allowed to belittle the rights of a particular part of the population puts in jeopardy the rights of its other part. Such state is not capable to prevent displays of other prejudices.

 

***

 

The authority rigidly punishes those who defend the right to hold the opinion and publicly express it.

 

In Uzbekistan any remarks or the criticism of the governmental programs is perceived as attempt to destabilize the situation in the country; and the confirmed food policy is untouchable at all. Even for persons who are a part of existing authority. After all, these are the ideas of the president Islam Karimov.

The authority in power supports actively myths about economic prosperity. The national program of "grain independence" is one of the most forbidden ground in Uzbekistan. Purchase, storage and use of the grown harvest are under total control of the country.

The Uzbek authorities report about successful performance of "grain independence" program. At the same time, during the period from August to October 2004, the price of bread raised three times. This fact raises the doubts in reliability of victorious showings of grain-crops productivity.

Monitoring of human rights defenders and independent experts has shown that renting the ground for cultivation of wheat, dehkanin (farmer) accepts the imposed conditions to sell the crop at the price set by authority, and quantitatively no less than the productivity of the last year without taking into account the material and technical state of farming, weather and market. In the present state of affairs, the farmer has to hand over all his crop, not leaving grain for himself, even for economic needs. By many features, this situation can be compared with the times of “tax in kind” (first act of NEP* during the Soviet period), replaced “surplus-appropriation system”. This circumstance leads to the ruin of farms and causes the mass discontent of the dehkans.

The parties "Ozod Dehkonlar", "ERK", "Birlik", human rights defenders of HRSU, HRSU "Ezgulik", and also independent journalists together with farmers have spent a number of pickets recently. They have called the government to give farmers the right to dispose independently the grown crop and to negotiate it at-the-market.

In 1999, ex-chairman of the state joint-stock corporation "Uzkhlebprodukt" Alim Ataev has dared to express critical remarks about the account order and take-over of seed and bread-grain, and about material incentives of agricultural growers.  For such free-thinking the authority has rigidly punished him. He managed to avoid arrest by miracle. At present, he is in emigration.

A.Ataev reported frequently to the higher management and to the State Grain Inspection (SGI) that the law-enforcement bodies and other controlling units oblige grain-receiving enterprises to accept a crop of wheat from the farmers directly at the bins of combine harvesters, without primary processing, contrary to the requirements of standards on grain-unit, gluten, glassiness, humidity, waste and dirt. It has caused the high content of weed impurity in grain and grain waste; by the statistics there were accounted in the main stocks of bread-grain in the state resources. In "Operations returns on stocks of the state grain», the quantity of bread-grain was almost 300 thousand tons more, than the actual matter of fact. The difference (about 300 thousand tons) arose from the quantity of grain waste which was not written off by the government year in and out, on some pretext or other. Alim Ataev reported to the government about the expediency to assign means for additional purchase of grain separating and desiccating equipment, but deficiency of hard currency restrained the solution of this problem.

 

According to the estimations of the experts of NGNPO "Mothers Against the Death Penalty and Torture" and group of independent experts under Jury Kozhevnikov's direction, Alim Ataev is a politician of unusual conception. He headed the bread-stuffs branch which carries out the state task: purchase, storage, processing of grain and grain produce, with the further delivery to the consumer.

There were about 400 enterprises in the structure of this branch. The total employment was about 44 thousand people. According to data of corporation "Uzkhlebprodukt" for 1999, the daily volume of bread output was 1,500 thousand tons, and together with all the bread-baking enterprises of republic - 3 thousand tons.

Alim Ataev's activity was connected with internal management and directed to solve the important state problem, that is to provide the population of the country with bread. In Uzbekistan it is staff of life, because the living standard in the republic is low. During the first years of independence of Uzbekistan, the government has adopted a policy to reform the agricultural sector of the country, with the purpose to achieve the "grain independence".

During few days, it was fabricated a criminal case against Alim Ataev; and 22 criminal cases were separated from it. It caused a public resonance. Everyone, who knew the Ataevs' family somehow, was afraid that they could be accused of embezzlement conspiracy with Alim Ataev. The inquirers collected quickly the testimonies. During the judicial sitting on criminal case of Sapar Ataev (Alim Ataev's brother), many witnesses rejected their testimonies, explaining that they had testified under compulsion of the investigators.

It is difficult to say the exact number of those brought to account, but according to information got from different sources, more than 300 people, including Alim Ataev's children and brother, are brought to account for this case.

On 26 April, 2002 Nadejda Atayeva (Ataev's daughter) appealed to the UN Committee for Human Rights, having declared about the infringements of her rights and freedoms as well as those of other members of the family according to ICCPR. [A/16]

      On 16 May, 2002, this complaint was registered as communication No. 1079/2002. Her communication is attached with jural expert examinations as well as with the resolution of Moscow Human Rights Institute headed by Valentine Geftor, the chief executive and a member of Human Rights Defending Centre "Memorial", with estimation of the situation concerning the criminal prosecution of Ataev's family. The UN Committee for Human Rights has twice sent acknowledgement, that the letters of inquiry have been directed to the government of Uzbekistan, according to the Optional Protocol to ICCPR. The reply of the government has not received yet.     

      By bringing an action against the children of Alim Ataev (the son Kahramon and the daughter Nadejda), the state has infringed article 14 of ICCPR about a presumption of innocence, when  at the press conference the representative of the General Public Prosecutor Office has declared them guilty of crimes which have not been proved by court. Further, in article 26 Of ICCPR is stated     that "All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. The law shall guarantee to all persons equal and effective protection against discrimination on any ground". The fact that the brother Safar Ataev, the daughter Nadejda Atayeva and the son Kakhramon Ataev were brought to criminal responsibility with Alim Ataev  points out that the Uzbek state persecutes them on the basis of "kin". By the investigation, their actions are considered as embezzlement of public funds, but according to the legislation, the administrative duties of Alim Ataev, his daughter and his son did not allow to carry out allocation of flour public funds and seizure of enterprise property, never mind those of the state. His daughter worked as the manager of the privately owned company and did not have the organization-and-regulatory functions, and so did his son who worked as a baker (he was a worker*). Though Sapar Ataev (Alim Ataev's brother) worked as a head of a private small-scale bakery in the structure of corporation "Uzkhlebprodukt", he was not in direct subordination to the chairman of corporation "Uzkhlebprodukt". Thereupon he did not have an opportunity to embezzle another's property in agreement with Alim Ataev.

Alim Ataev together with the members of his family underwent to prosecutions as soon as he refused to commit crimes in the form of upward distortions of grain. He thought and still thinks that the upward distortions, false accounting of the state grain cause damage to the national economy of the republic and, hence, adverse to the interests of Uzbek people. During the last five years, the daughter and lawyers of Alim Ataev try to get the revision of this criminal case, but the official letters from prosecutorial bodies and investigation agencies bodies confirm that authorities are not interested in conducting a careful inquiry.

 

 ***

 

Estimating the situation about observance of civil and political rights in Uzbekistan, it would be desirable to note the consecutive deterioration of position on the question of electoral process.

Representatives of public authority bodies interfere with the working of electoral system at all its levels. The purpose is to elect into representative bodies the deputies who will carry out will of government representatives. In public consciousness of the Uzbek people there formed a wrong concept of free elections. For electors of present generation, in Independent Uzbekistan the elections are of little difference from those of the Soviet period. On 26 December, 2004 the parliamentary elections took place. They showed distinctly the defects of the authority in power. The opposition parties, including "ERK", "Birlik" and "Ozod Dehkonlar" were debarred from the elections again.

 

 

The proposition of independent candidates was also subordinated to the order, which explored discriminating conditions for them. In opinion of independent observers, human rights defenders and journalists, the civil initiatives were not encouraged during election campaign. The candidates were subjected to pressure from the institutions of local governing, therefore many of them refused to participate in the elections. They had to give "preference" to the candidate who was patronized by the progovernmental circles. All this occurred against the background of serious restrictions on freedom of associations, freedom of assembly and liberty of speech.

Sixteen persons are appointed to the Senate of Oliy Majlis by will of the president, instead of being elected by people according to article 117 of the Constitution of Uzbekistan where it is stated that citizens of the Republic of Uzbekistan have the right to elect and be elected to the representative bodies of state authority.

From sixteen persons appointed to the Senate according to the decree of the president of Uzbekistan Islam Karimov, four persons are from the government, one adviser of the president and two representatives of judicial authority. Appointment of the Chief Justice of the Supreme Court and Chairman of the District Court to the Senate of Oliy Majlis is unlawful according to article 11 of the Constitution of Uzbekistan, which envisages the principle of the separation of power between the legislative, executive and judicial authorities in the system of state authority. The constitution of Uzbekistan directly forbids the judges to be senators, but the president Islam Karimov appoints the Supreme Court Chief of the republic of Uzbekistan Muhitdinova Farruha and president of the Court on Criminal Cases of Tashkent's Iakkasarai district Radjabova Mavjuda as senators; this fact is the infringement of article 112 of the Constitution of Uzbekistan.

The Chairman of Senate in Oliy Majlis is elected by the proposal of the president of Uzbekistan, and not by the initiative of senators. This mechanism is envisaged by the Constitution of the country; it is not excluded that it is done for the purpose that the chairman of the Senate could lobby the interests of the president, i.e. the interests of executive authority. The parliament of the country should be elected in free elections from representatives of people, and the legislative authority should form its activity in behalf of people.

Almost all the senators, appointed by the decree of the president, are the representatives of Tashkent, the capital of Uzbekistan. The decree of the president about the appointment of senators interferes with the election of own representatives from districts, cities and Republic Karakalpakistan. The appointment of senators in Oliy Majlis of the republic of Uzbekistan obliges them to defend Islam Karimov's standpoint solely. They are entrusted to direct the Parliament committees; this gives additional control levers of the Senate to the head of the country. The mechanism of senators’ appointment by the decree of the president of Uzbekistan infringes a principle of sovereignty of the people.

 

***

 

By estimations of the international observers, Uzbekistan is in the lists of the most non-free countries. The liberty of speech and freedom of the press are in a crisis. Authorities as usual suppress an independent voice. A guided “liberty of speech” is advantageous for this regime.  The general part of journalists is engaged in self-censorship, they avoid taboo subjects; it is criminally punishable to criticize the head of the state, heads of power structures, as well as other government officials. Practically, having mass media under control, the government deters even information in the Internet system, using for this purpose Internet providers under control. At present, the sites of opposition parties and the nongovernmental organizations are still blocked. In this connection, critical materials about the situation in Uzbekistan are not accessible to the citizens of the country.

The journalists and writers Yusuf Ruzimuradov, Muhammad Begzhan and Mamadali Makhmudov are still in custody. Pressure proceeds upon Ruslan Sharipov's relatives who live in Bukhara and Tashkent area, even after his emigration. The district militia officer, officials of Criminal Investigation Department and of other MIA departments visit regularly his relatives demanding the information on his whereabouts and his photos. The authorities know well that journalist Ruslan Sharipov is in emigration, they have his photos and his e-mail, which he indicates under each publication. There is a basis to believe that such actions of authorities are caused by desire to put moral and psychological pressure upon him, with the purpose to constrain the publications denouncing the authority in power.

In Uzbekistan, the authorities rigidly deal with those who use in their materials the facts, documents and statistical data revealing the reasons of political and economic crisis in Uzbekistan.

***

The obvious infringements of the civil and political rights, carried out by representatives of the power structures of the republic, are presented to the world community as actions occurring in a legal constitutional field. They are allegedly aimed exclusively to wage the war against religious extremism, terrorism and against those who undermine the foundations of the constitutional structure and unleash inter-nation dissension. The governmental bodies under a pretext of struggle against "terrorism" and "extremism" of all colours apply automatically the most severe measures of punishment to the accused in the form of long terms imprisonment, including a death penalty. The authorities institute the criminal cases against the dissenters on the basis of far-fetched reasons.  The actions of dissenters are misestimated. They are accused of criminal crimes, but actually, they defend political convictions, such as a liberty of conscience, a liberty of speech, a right to elect representatives into legislative and executive authority. Hence, there are no components of crime in these persons' actions.

      Within and beyond the borders of the country, the Uzbek authorities state the tendentious and deformed point of view on occurring events. They purpose their object to receive financial aim from the world community, ostensibly for the struggle against international terrorism. In fact, these funds are spent to support the repressive apparatus, for suppression of those who express the disagreement with the official point of view.

As a result, the stream of political refugees from Uzbekistan and the number of political prisoners are increasing.

All above stated facts were considered in the view of observance of internationally recognized human rights.

The analysis has shown, that the representatives of government bodies of the republic of Uzbekistan commit inhuman acts within the limits of large-scale and system attack on the rights and freedom of citizens.  Numerous applications of citizens and civil associations to the state bodies are most often considered formally, including those addressed personally to the head of the state Islam Karimov, the guarantor of the human rights and freedoms in Uzbekistan. It gives the basis to believe that the top management of the country has chosen the method of savage reprisal against those considered to be political opponents of the authority in power.

The authority tries all ways to obstruct the creation of the independent control over the state bodies' activity, and it affects negatively the development of a civil society. Thus, the state itself provokes the growth of criminal tendencies, decline of personal moral and state one. At present, there are aggressive attitudes of mind in the society caused, first of all, by the unpunished arbitrariness of the power structures representatives. All slogans about democracy and humanism are perceived cynically against this negative background. Therefore, the participation of the international bodies for human rights protection, called to defend common to all mankind values, gains in a particular topicality.

A P P E N D I C E S

[A/1]       Student events of 16.01.1992. Extract from the materials of independent investigation carried out by the group of Uzbekistan human rights defenders.

[A/2]       Appeal of human rights defender Hazratkul Khudojberdi to the experts of the UN Human Rights Committee.

[A/3]       Letter from Mamadali Makhmudov, written from Chirchik prison, to Mukhammad Solih, 22 April, 2002

[A/4]       Letter from Aleksey Buryachek to the human rights defender Tamara Chikunova. 

[A/5]       Review on infringements of national minorities’ rights in Uzbekistan, made by International association “For Democratic Reforms and Protection of Minorities in Uzbekistan”.

[A/6]       List of executed in violation of the UN Human Rights Committee’s requirements made by NGNPO “Mothers Against a Death Penalty and Torture”

[A/7]       Ruslan Sharipov. Uzbek Prisons - A Survivor’s Guide.

[A/8]       Shukhrat Akhmedzhanov’s investigation about the passport system ion Uzbekistan

[A/9]       Speech of Sadik Safaev, the ex-minister of Foreign Affairs of Uzbekistan during the meeting with Jan Kubis, the OSCE Secretary General. (7 September, 2004)

[A/10]    Ruslan Sharipov. Persecutions of Alim Ataev.

[A/11]    N. Atayeva. Article “Why does bread rise in price?” 

^{[A/12]   Report of the Human Rights Society of Uzbekistan submitted to EBRD in accordance with Commission Resolution 2002/38, (on the Report of the Special Rapporteur on the question of torture, Theo van Boven)}

[A/13]    Letter from Dmi­tri Chikunov to his mother Tamara Chikunova

[A/14]   Attack on Surat Ikramov. Investigation of Human Rights Society of Uzbekistan “Civil Support”

[A/15]  Case of Ruslan Sharipov. Investigation of  International association "For Democratic Reforms and Protection of Minorities in Uzbekistan"

[A/16]  Nadejda Atayeva’s communication to the UN Human Rights Committee under the Optional Protocol to the ICCPR.

 

  

INFORMATION SOURCES

 

The Alternative NGO report on observance of ICCPR by the Republic of Uzbekistan makes wide use the facts from:

 

communications of

-         Human rights Society of Uzbekistan

-         “Ezgulik” HRSU

-         “Initiative Group of Independent Human Rights Defenders of Uzbekistan”

-         NGNPO “Mothers Against a Death Penalty and Torture”

-         party “Ozod Dehkonlar”

-         party “ERK”

 the reports of Uzbek and Russian NGO and experts

-         HRSU (Tolib Yakubov)

-         NGNPO “Mothers Against a Death Penalty and Torture”

-         “Political Regime of modern Uzbekistan: last years tendencies (1999-2002)”
 Alisher Taksanov, Ph.D. (Economics)

-         Alternative NGO Report on Observance of ICCPR by Russian Federation.

the reports international organization

-         Human Rights Watch

-         Amnesty International

-         International Crisis Group

-         Freedom House

 

 

The submitted material was generalized by Hazratkul Khudojberdi, Ruslan Sharipov, Valeriy Petrenko, Oleg Shestakevich, Sergey Petrossov, and Nadejda Atayeva.

 

Analysis of facts of human rights’ infringements in Uzbekistan is prepared by the group of independent experts headed by Yuri Kozhevnikov. 

 

The Report is translated by Anahit Nadershina. 

 

The Report is circulated in Russian and in English. The appendices are circulated in Russian mainly.