Open letter to President of Kyrgyzstan on Uzbek human rights defender under threat of deportation and torture

Openletter to the President of Kyrgyzstan

Paris-Geneva,September 28, 2012

Re: Uzbek human rightsdefender who seeks protection in Kyrgyzstan under threat of deportation totorture

We,the undersigned, strongly condemn the recent acts of harassment against Mr. Farkhodhon Mukhtarov, a member of the Uzbekistan Human Rights Alliance (Pravozashchitni Alians Uzbekistana –PAU), who has applied for asylum in Kyrgyzstan. We are concerned that he couldbe tortured if he were to be returned to Uzbekistan, and call on the Kyrgyzauthorities to ensure his safety and that of his family.

On September 14, 2012, members of the MainInvestigative Branch (MIB) of the Ministry of Internal Affairs (MIA) conducteda raid into Mr. Mukhtarov's apartment in Bishkek, broke down his door andarrested him without warrant. During his arrest, Mr. Mukhtarov was reportedlybeaten by the police and members of his family were verbally abused. During hiscustody at the local police station, the police accused Mr. Mukhtarov of beinga fugitive and stated that he would be immediately deported to Uzbekistan. Theyreportedly told him that they would transfer him to the pre-trial detentionfacility of the MIA Counter Terrorism Section pending his deportation.The same day, investigators of the MIB of the MIA searched his apartment andseized documents and electronic devices, including a laptop computer, USB keysand a video recorder, with no legal authorisation. He was finally released onthe same day, after Ms. Tolekan Ismailova, Director of “Citizens AgainstCorruption”, an FIDH member organisation in Kyrgyzstan, intervened in hisfavour. The police reportedly tried to extort money from him for his release.However, Mr. Mukhtarov was not able to return to his home as police officialshad in the meantime changed the locks of his apartment.

On September 21, 2012, when Mr. Mukhtarov tried toretrieve his belongings at the Regional Department of Internal Affairs, he wastold that they had been sent to the State Committee of National Security andthat according to the Department’s information, he was a “terrorist” and an“extremist”.

In October 2009, Mr. Farkhodhon Mukhtarov wassentenced to five years’ imprisonment on trumped-up charges of “fraud” and“bribery”. After 16 months, on the eve of a visit of the U.S. Secretary ofState Hillary Clinton to Uzbekistan, the imprisonment sentence was commuted toforced labour and he was released on December 1, 2010. Mr. Farkhodhon Mukhtarovthen flew Uzbekistan with his family to seek asylum in Kyrgyzstan.

We recall that Mr. Mukhtarov's arrest and detentionare illegal since both he and his family are asylum seekers and have legitimategrounds to fear persecution in Uzbekistan. Mr. Farhodkhon Mukhtarov and hisfamily have applied for asylum to both Kyrgyz authorities and the UnitedNations High Commissioner for Refugees (UNHCR) but no decision has been made,thus leaving Mr. Mukhtarov and his family in an insecure situation.

We express our deepest concern at these acts ofharassment of Mr. Mukhtarov and call upon the Kyrgyz authorities to ensure inall circumstances his physical and psychological integrity, as well as that ofhis family, to allow them immediate access to their home and return all objectsseized during the search of their apartment. We further call on the authoritiesnot to deport him to Uzbekistan, as his safety would be put at high risk, andto carry out an immediate, thorough and impartial investigation into hisillegal arrest and alleged ill-treatment during arrest, and to bring to justicethose responsible, in accordance with international standards. More generally,we urge the Kyrgyz authorities to conform with all international human rightsinstruments ratified by Kyrgyzstan.

Our organisations also urge the UNHCR Office inKyrgyzstan to intervene with the Kyrgyz authorities regarding these latest incidentsand take action in order to facilitate Mukhtarov family's resettlement to athird country.

In the hope that you will take these elements intoaccount,

We remain,

Mrs.Mutabar Tojibaeva, President of the International Human Rights Organization“Fiery Hearts Club”

Mr.Talib Yakubov, former President of the Human Rights Society of Uzbekistan(HRSU)

Mr.Bakhadyr Namazov, Director of the Committee for the Liberation of Prisoners ofConscience of Uzbekistan

Ms.Souhayr Belhassen, President, International Federation for Human Rights (FIDH),on behalf of the Observatory for the Protection of Human Rights Defenders

Mr.Gerald Staberock, Secretary General, World Organisation Against Torture (OMCT),on behalf of the Observatory for the Protection of Human Rights Defenders

Contacts:

FIDH: Arthur Manet: +33 1 43 55 25 18

OMCT: Isabelle Scherer: +41 22 809 49 39

Fiery Hearts Club: Mutabar Tojibaeva (Russian/Uzbek):+33 6 79 23 39 27