Uzbekistan
05.02.03
Urgent Interventions

Uzbekistan: arbitrary arrest, torture and suspected unfair trial of Mr. Nabigeon Mirzanov

Case UZB 050203
Arbitrary arrest / Ill-treatment / Torture / Fair trial

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Uzbekistan.

Brief description of the situation

The International Secretariat of OMCT has been informed by the Human Rights Society of Uzbekistan (HRSU), a member of the OMCT network, of the arbitrary arrest, torture and suspected unfair trial of Mr. Nabigeon Mirzanov.

According to the information received, on November 13 2002, Mr. Nabigeon Mirzanov was falsely accused of extortion and was arrested by agents from the Federal Security Service. During the arrest he was brutally beaten. He was subsequently held up by two policemen, because he wasn't able to stand up by himself, during a trial hearing that took place on January 17th, 2003, giving rise to fears that he has been subjected to grave ill-treatment and torture during the period since his arrest.

Concerning his trial, it is worth noting that there were witnesses for the prosecution but none for the defence. Following the hearing, Mr. Nabigeon Mirzanov's brother, Bakhtijor Mirzanov, visited him in detention. During this visit, Nabigeon Mirzanov regularly coughed up blood and revealed that during his interrogation he had been left naked for 24 hours, while the authorities claimed that his clothes were undergoing forensic testing. As a result he has caught cold and now has the afore-mentioned bronchial problems.

His arrest occurred in the context of the sale of a building in Tchouvak that has served as the local nursery school, hair salon and infirmary for an agricultural collective since 1991. The owner, Mr. S. Salokhiddinov, reportedly secretly handed the ownership of the building over to Mr. Sagdoullo Geonikoulov because the latter had found out that Mr. Salokhiddinov had bought a car with the profits of the kolkhoze (the collective enterprises mentioned above). Mr. Nabigeon Mirzanov voiced his concern about this kind of activity in his village through letters of complaint and, as a result of which, was subsequently arrested, reportedly due to pressure from Mr. S. Salokhiddinov and Mr. Sagdoullo Geonikoulov.

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Nabigeon Mirzanov, given the reported ill-treatment and torture to which he has been subjected, and calls on the Uzbek authorities to order his immediate and unconditional release, to launch an investigation into these events, punish those responsible and grant Mr. Nabigeon Mirzanov reparation. More generally, OMCT is concerned about the Uzbek authorities' alleged use of arbitrary arrests, torture and the apparent lack of independence of the judiciary.

Action requested

Please write to the authorities in Uzbekistan urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Nabigeon Mirzanov;
i. order his immediate release in the absence of valid legal charges or, if such charges exist, bring him before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. order a thorough and impartial investigation into the circumstances his arrest and the allegations of ill-treatment and torture, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by law;
iii. guarantee adequate reparation to Mr. Nabigeon Mirzanov;
iv. guarantee the respect of human rights and the fundamental freedoms throughout Uzbekistan in accordance with international human rights standards.

Addresses

· Islam Abduganiyevich Karimov, President of the Republic of Uzbekistan, Respublika Uzbekistan; 700163 g. Tashkent; ul. Uzbekistanskaya, 43; Rezidentsia prezidenta; Prezidentu RU; KARIMOVU I.A., UZBEKISTAN, Fax: + 998 71 2 89 00 46 (please write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29; Prezidentu RU; KARIMOVU I.A.")

· Abdulaziz Khafizovich KOMILOV, Minister of Foreign Affairs, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del, RU; Ministru KOMILOVU A.Kh., UZBEKISTAN, Fax: + 998 71 139 15 17

· Sayora RASHIDOVA, Parliamentary Commissioner for Human Rights, Sayora RASHIDOVA, Respublika Uzbekistan; 700035 g. Tashkent; ul. Xalqlar Dostligi, 1; Oliy Majlis RU; Upolnomochennoy po pravam cheloveka pri Oliy Majlis; RASHIDOVOY S., UZBEKISTAN, E mail: ombudsman@uzpak.uz / office@ombudsman.gov.uz

· Chairman of the Supreme Court of the Republic of Uzbekistan, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan; Predsedatelyu ISMETOVU I

Please also write to the embassies of Uzbekistan in your respective country.

Geneva, February 5th, 2003

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