Serious deterioration of the health of Mr. Norboy Kholjigitov while arbitrarily detained / Confirmation in appeal of the sentence of Mr. Alisher Karamatov

Uzbekistan

January 14, 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), has received new information and requests your urgent intervention in the following situation in Uzbekistan.

New information:

The Observatory has been informed by reliable sources about the serious deterioration of the health of Mr. Norboy Kholjigitov, member of the Human Rights Society of Uzbekistan (HRSU) section in the district of Ishtikhan, while arbitrarily detained, as well as about the confirmation in appeal of the sentence of Mr. Alisher Karamatov, Head of the HRSU branch in the Mirzaabad district.

According to the information received, from December 22 to 25, 2008, Mr. Norboy Kholjigitov’s wife visited him in prison. She then reported that Mr. Kholjigitov’s weight had fallen from 90 kg to 50 kg in prison and that almost all of his teeth had fallen. Suffering from diabetes, he does not receive adequate treatment in prison. His conditions of detention are bad: the cells are not heated and 80 inmates are detained per cell.

The Observatory recalls that Mr. Kholjigitov had been arrested on June 4, 2005, and sentenced on October 18, 2005 to ten years’ imprisonment on charges of extortion (Article 165 of the Criminal Code), slander (Article 139), fraud (Article 168), infringement to the life of the President (Article 158), infringement to the constitutional regime of the State (Article 159) by the Kattakourgane Criminal Court, District of Samarkand. He remains detained in Aya 64/49 colony (Karshi)[1].

Besides, twenty days following the submission in November 2008 of a complaint to the Supreme Court of Uzbekistan under the reference X.4175, Mr. Kholjigitov was tortured in detention. He was further threatened that he would be sent to a psychiatric ward, if he continued with his complaint.

Furthermore, the Observatory was also informed that on December 25, 2008, the Criminal Court of Sydarinskii upheld in appeal the sentencing of Mr. Alisher Karamatov, to nine years’ imprisonment for charges of “extortion” (Article 165 of the Criminal Code). Mr. Karamatov had been arrested on April 29, 2006 and detained in the Ouya 64/49 colony (Karshi, Kashkadarya region). On June 16, 2006, he had been sentenced on by the Yangiyar Criminal Court to nine years in prison[2].

On October 12, 2008, Mr. Karamatov was transferred from Ouya 64/49 to the sanitary Ouya 64/18 in Tashkent because of his health condition. Indeed, Mr. Karamatov has contracted tuberculosis during detention. After his wife visited him on November 15, 2008, she reported that her husband had become extremely thin and is only bones. He has difficulties eating. He also reported that he had blood coming to his mouth. The chief doctor of Ouya 64/18 in his medical report dated December 2008 wrote that both lungs were infected with tuberculosis and that the current state of the patient was moderate to bad. His lawyer is currently considering to issue a request to the Director of Ouya 64/18 prison in Tashkent for his release on the basis of his health condition.

The Observatory expresses its deep concern about Messrs. Norboy Kholjigitov and Alisher Karamatov’s arbitrary detention, which seems to merely sanction their human rights activities and as such is a flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998. The Observatory is also very much concerned by their health condition and urges the Uzbek authorities to release them immediately.

In addition, as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), the Observatory recalls that Uzbekistan acknowledges that “the UN Declaration on Human Rights Defenders [... places] a responsibility [...] on States to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and 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”[3].

Finally, the Observatory recalls that in accordance with Article 11 of the European Union (EU) Guidelines on Human Rights Defenders, the EU missions in Uzbekistan shall urge Uzbek authorities to comply with the relevant international norms and standards and, in particular, the UN Declaration on Human Rights Defenders in order to create an environment where human rights defenders can operate freely.

Action requested:

Please write to the Uzbek authorities and ask them to:

1. Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Messrs. Norboy Kholjigitov and Alisher Karamatov;
2. Ensure that they have access to adequate medical treatment;
3. Release them immediately and unconditionally since their detention is arbitrary as it merely aims at sanctioning their human rights activities;
4. Conduct a fair and impartial investigation into the above-mentioned allegations of torture and ill-treatment in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the penal, civil and/or administrative sanctions provided by the law;
5. Guarantee that adequate reparation is provided to Mr. Norboy Kholjigitov;
6. Put an end to any act of harassment - including at the judicial level - against Messrs. Norboy Kholjigitov and Alisher Karamatov as well as against all human rights defenders in Uzbekistan;
7. Comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that “everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels”, as well as Article 12.2, which provides that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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”;
8. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Uzbekistan.

Addresses:

• Mr. Islam Abduganiyevich Karimov President of Uzbekistan, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Uzbekistan. Fax: +998 71 133 1395325. E-mail: presidents_office@press-service.uz
• Mr. Bahodir Matliubov, Minister of Internal Affairs; ul. Junus Rajabiy 1; Tashkent 700029, Uzbekistan. Fax: + 998 71 233 89 34. Email: mvd@mvd.uz, info@mvd.uz, secretariyat@mvd.uz
• Mr. Rashidjon Hamidovich Kodirov, General Prosecutor of the Republic of Uzbekistan, ul. Gulamova 66, 700047 Tashkent, Uzbekistan. Fax: +998 71 133 39 17. E-mail: prokuratura@lawyer.com
• Mr. Vladimir Norov, Minister of Foreign Affairs, pl. Mustakillik, 5; Tashkent 700029, Uzbekistan. Fax: + 998 71 139 15 17. E-mail: rnews@mfa.uz
• Ms. Sayora Rashidova, Parliamentary Commissioner for Human Rights, ul. Xalqlar Dostligi 1, 700035 Tashkent, Uzbekistan. Fax: +998 71 139 85 55. E-mail: office@ombudsman.gov.uz
• Senator Akmal Saidov, Natsionalny Tsentr po pravam cheloveka / National Centre for Human Rights, Mustakillik Maidoni 5/3, 700029 Tashkent, Republic of Uzbekistan Fax: + 998 71 139 13 56 / 45 16, E-mail: office@nchr.uz
• Head of the Nukus City Department of Internal Affairs (police), Glave GOVD, Gorodskoi Otdel Vnutrennikh Del, ul. Biruni, g. Nukus, AR Karakalpakstan, Uzbekistan.
• H.E Ms. Goulnora Karimova, Ambassador Extraordinary and Plenipotentiary, Permanent Mission of Uzbekistan to the United Nations in Geneva, International Centre Cointrin (ICC), Bloc G (7th Floor), Route de Pré-Bois 20, 1215 Geneva 15, Switzerland. Fax: +41 22 799 43 02. Email: uzbekistan@bluewin.ch

Please also write to the diplomatic representations of Uzbekistan in your respective countries as well as to the EU diplomatic missions or embassies in Uzbekistan.

Paris - Geneva, January 14, 2009

Kindly inform the Observatory of any action undertaken quoting the code number 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:
Tel and fax FIDH: +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 (0) 22 809 49 29
Email: Appeals@fidh-omct.org

[1] See Observatory Open Letter to the authorities, issued on February 15, 2008.

[2] Idem.

[3] See OP 6 & OP 8 of the Resolution on Strengthening OSCE Engagement with Human Rights Defenders and National Human Rights Institutions, adopted by the OSCE Parliamentary Assembly on July 10, 2007.