Turkmenistan
24.10.03
Urgent Interventions
Turkmenistan: arbitrary detention and risk of torture of Mr. Akmuhammeda Baihanov
Case TKM 241003
Arbitrary arrest and detention / Fair trial / Ill-treatment / Risk of torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Turkmenistan.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arbitrary detention, ill treatment and ongoing risk of torture of Mr. Akmuhammeda Baihanov in Turkmenistan.
According to the information received, 47-year-old Mr. Akmuhammeda Baihanov, a resident of Ashgabat city, was arrested on June 18th, 2003. Mr. Baihanov was arrested by members of the Ministry of National Defense around 10 a.m., after his brother Nazar Baihanov had left for work. Although there were no official charges against Akmuhammeda Baihanov, his house and jeep were confiscated and he was taken into detention. His brother Nazar was fired from his job at the Ashgabat airport and was prohibited from leaving Ashgabat. Other members of the Baihanov family are reportedly also being threatened and harassed. It is thought that Mr. Akmuhammed Baihanov’s arrest and the harassment to which his family is being subjected are the result of the authorities suspecting him of activities against President Saparmurad Niyazov. Our sources claim that Mr. Akmuhammed Baihanov is not involved in any political activities and that these suspicions are abitrary and typical of the repressive regime.
The victim had reportedly been being watched by members of the Turkmenistan national security forces since March of 2003. Even under their careful scrutiny, they had reportedly found no evidence with which to lawfully press charges against him. After his arrest, his house was searched, but the search still didn't provide evidence against him. His family has not been informed of any legal charges and do not know why he is being detained.
Despite the lack of legal charges, Mr. Baihanov was sentenced in early September 2003 to five years in prison. Mr. Baihanov did not have a lawyer to represent him. He is reportedly being held in conditions that constitute ill treatment (overcrowded, unsanitary conditions) in a place of detention where other detainees have allegedly been tortured, giving rise to fears that Mr. Baihanov may also be subjected to such treatment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Akmuhammed Baihanov given the perceived risk that he may be subjected to torture. OMCT is also concerned by the arbitrary nature of his arrest and detention and the fact that he has been handed a five year sentence as the result of a trial which does not meet the internationally recognised standards of fair trial. OMCT urges the authorities to order the immediate releas of Mr. Akmuhammed Baihanov in absence of valid legal charges, or, if such charges exist, to ensure that he receives a prompt and fair trial.
Action requested
Please write to the authorities in Turkmenistan urging them to:
i. take all measures necessary to guarantee Mr. Akmuhammed Baihanov’s physical and psychological integrity;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Saparmurad Niyazov, President, Office of the President, Zdaniye Pravitel’stra, Ashkabab, Turkmenistan, Fax: + 99 312 35 51 12 / 51 17 55 / + 99 312 511 430
· Minister of Foreign Affairs of Turkmenistan, Rashit Ovezgeldiyevich MEREDOV17/07/01, Turkmenistan; 744000 g. Ashgabat; pr. Magtymguly, 83; Ministerstvo inostrannykh del Turkmenistana; Ministru MEREDOVU R.; TURKMENISTAN, Fax: + 993 12 511430
· Procurator General of Turkmenistan, Gurbanbibi ATAJANOVA, Turkmenistan; g. Asghabat; ul. Seidi, 4; Prokuratura Turkmenistana; Generalnomu prokuroru; Fax:+ 993 12 35 44 82
Please also write to the embassies of Turkmenistan in your respective country.
Geneva, October 24th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Fair trial / Ill-treatment / Risk of torture
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Turkmenistan.
Brief description of the situation
The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arbitrary detention, ill treatment and ongoing risk of torture of Mr. Akmuhammeda Baihanov in Turkmenistan.
According to the information received, 47-year-old Mr. Akmuhammeda Baihanov, a resident of Ashgabat city, was arrested on June 18th, 2003. Mr. Baihanov was arrested by members of the Ministry of National Defense around 10 a.m., after his brother Nazar Baihanov had left for work. Although there were no official charges against Akmuhammeda Baihanov, his house and jeep were confiscated and he was taken into detention. His brother Nazar was fired from his job at the Ashgabat airport and was prohibited from leaving Ashgabat. Other members of the Baihanov family are reportedly also being threatened and harassed. It is thought that Mr. Akmuhammed Baihanov’s arrest and the harassment to which his family is being subjected are the result of the authorities suspecting him of activities against President Saparmurad Niyazov. Our sources claim that Mr. Akmuhammed Baihanov is not involved in any political activities and that these suspicions are abitrary and typical of the repressive regime.
The victim had reportedly been being watched by members of the Turkmenistan national security forces since March of 2003. Even under their careful scrutiny, they had reportedly found no evidence with which to lawfully press charges against him. After his arrest, his house was searched, but the search still didn't provide evidence against him. His family has not been informed of any legal charges and do not know why he is being detained.
Despite the lack of legal charges, Mr. Baihanov was sentenced in early September 2003 to five years in prison. Mr. Baihanov did not have a lawyer to represent him. He is reportedly being held in conditions that constitute ill treatment (overcrowded, unsanitary conditions) in a place of detention where other detainees have allegedly been tortured, giving rise to fears that Mr. Baihanov may also be subjected to such treatment.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Akmuhammed Baihanov given the perceived risk that he may be subjected to torture. OMCT is also concerned by the arbitrary nature of his arrest and detention and the fact that he has been handed a five year sentence as the result of a trial which does not meet the internationally recognised standards of fair trial. OMCT urges the authorities to order the immediate releas of Mr. Akmuhammed Baihanov in absence of valid legal charges, or, if such charges exist, to ensure that he receives a prompt and fair trial.
Action requested
Please write to the authorities in Turkmenistan urging them to:
i. take all measures necessary to guarantee Mr. Akmuhammed Baihanov’s physical and psychological integrity;
ii. order his immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring him before an impartial and competent tribunal and guarantee his procedural rights at all times;
iii. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Saparmurad Niyazov, President, Office of the President, Zdaniye Pravitel’stra, Ashkabab, Turkmenistan, Fax: + 99 312 35 51 12 / 51 17 55 / + 99 312 511 430
· Minister of Foreign Affairs of Turkmenistan, Rashit Ovezgeldiyevich MEREDOV17/07/01, Turkmenistan; 744000 g. Ashgabat; pr. Magtymguly, 83; Ministerstvo inostrannykh del Turkmenistana; Ministru MEREDOVU R.; TURKMENISTAN, Fax: + 993 12 511430
· Procurator General of Turkmenistan, Gurbanbibi ATAJANOVA, Turkmenistan; g. Asghabat; ul. Seidi, 4; Prokuratura Turkmenistana; Generalnomu prokuroru; Fax:+ 993 12 35 44 82
Please also write to the embassies of Turkmenistan in your respective country.
Geneva, October 24th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.