Release of Mr. Abdulsattor Irzaev

Uzbekistan

August 20, 2009

The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uzbekistan.

New information:

The Observatory has been informed by reliable sources about the release of Mr. Abdulsattor Irzaev, Head of the Human Rights Society of Uzbekistan (HRSU) section in the district of Ishtikhan (Samarkand region).

According to the information received, on August 10, 2009, Mr. Abdulsattor Irzaev was released from prison 64/3 in Tashkent region pursuant to a decision of amnesty.

The Observatory welcomes the release of Mr. Abdulsattor Irzaev, and wishes to thank all the persons, organisations, and institutions that intervened in his favour.

However, the Observatory deplores the ongoing arbitrary detention of several other human rights defenders in Uzbekistan, in particular that of Ms. Oyazimkhon Khidirova, Mr. Farhodon Mukhtarov and Mr. Dilmurod Saidov, who were arrested in 2009[1].

The Observatory remains also very concerned by the ongoing detention of Mr. Norboy Kholjigitov and Mr. Khabibulla Okpulatov, respectively Head of the HRSU section in the district of Ishtikhan and member of that section, who were arrested together with Mr. Abdulsattor Irzaev on June 4, 2005 and convicted under the same case on October 18, 2005, in Colony 64/49 in Karshi[2].

According to the information received, Mr. Kholzhigitov's health has worsened, as he is suffering from diabetes and is not provided adequate medical care in specialised medical facilities. Additionally, signs of incipient gangrene have appeared on his left leg and hand, as well as on his face.

The Observatory calls upon the Uzbek authorities to release immediately and unconditionally all human rights defenders remaining in detention as it believes their detention is arbitrary as it only aims at sanctioning their human rights activities. The Observatory also urges them to provide adequate medical care in specialised medical facilities to Mr. Norboy Kholzhigitov. To that extent, the Observatory recalls that under Uzbek law all prisoners with ongoing medical conditions should be released from prison to be properly treated.

The Observatory recalls that as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), Uzbekistan recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States” .

The Observatory further urges the European Commission Delegation as well as European Union (EU) Member-States embassies in the Uzbekistan to call upon the Uzbek authorities to comply with the relevant international norms and standards, in particular the United Nations Declaration on Human Rights Defenders, and take action regarding the above-mentioned elements, in line with the EU Guidelines on Human Rights Defenders.

Background information:

On June 4, 2005 Mr. Abdulsattor Irzaev was arrested and charged with “extortion”, and subsequently detained at the security services base in Samarkand. He was subjected to torture during his detention. On October 18, 2005 he was sentenced to six years' imprisonment by the Samarkand Regional Court on criminal charges under Article 139 (libel), Article 165 (extortion) and Article 168 (fraud) of the Penal Code. He was detained in the colony UYa 64/49 (Karshi).

Messrs. Norboy Kholzhigitov and Khabibulla Okpulatov were also arrested at the same time under the same case and were sentenced to 10 years and six years' imprisonment respectively on October 18, 2005.

Actions required:

Please write to the Uzbek authorities urging them to:

1. Guarantee the physical and psychological integrity of Messrs. Abdulsattor Irzaev, Dilmurod Saidov, Norboy Kholjigitov, Farhodon Mukhtarov and Khabibulla Okpulatov, and Ms. Oyazimkhon Khidirova as well as of all human rights defenders in Uzbekistan;
2. Release Messrs. Dilmurod Saidov, Norboy Kholjigitov, Farhodon Mukhtarov and Khabibulla Okpulatov, and Ms. Oyazimkhon Khidirova as well as all human rights defenders detained immediately and unconditionally, since their detention is arbitrary as it only aims at sanctioning their human rights activities;
3. Ensure that Mr. Norboy Kholzhigitov and all other human rights defenders be immediately granted all necessary medical treatment in specialised medical facilities outside the prison where they are held;
4. Put an end to all acts of harassment - including at the judicial level - against human rights defenders in Uzbekistan;
5. Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;
6. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uzbekistan.

Addresses :

• President of Uzbekistan, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 1395325, E-mail: presidents_office@press-service.uz
• Minister of Foreign Affairs, Mr. Elyor Majidovich Ganiev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17
• Parliamentary Commissioner for Human Rights, Sayora Rashidova, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55
• Chairman of the Supreme Court of the Republic of Uzbekistan, Ubaydulla Mingbaev, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan, Fax: + 998 71 144-62-93
• General Prosecutor of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17
• National Centre for Human Rights, Senator Akmal Saidov Natsionalny tsentr po pravam cheloveka, 5/3, Mustakillik Maidoni, g. Tashkent, Respublika Uzbekistan. 700029, Fax: + 998 71 139 13 56 / 45 16
• Ambassador of the Republic of Uzbekistan, Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva, PO Box 1853, 1215 Geneva 15, Switzerland, Fax: +4122 799 43 02, E-mail: uzbekistan@bluewin.ch

Please also write to the diplomatic representations of Uzbekistan in your respective countries.

Paris-Geneva, August 20, 2009.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

• Email : Appeals@fidh-omct.org
• Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80
• Tel et fax OMCT : + 41 22 809 49 39 / 41 22 809 49 29

[1] See Urgent Appeals UZB 004/0709/OBS 106.1, UZB 005/0809/OBS 114 and UZB 006/0809/OBS 116.

[2] See Annual Report 2007, Open Letter to the authorities, February 15, 2008, Open Letter to the Ministers of Foreign Affairs of the European Union Member-States, October 10, 2008 and Press Release, December 15, 2008.