Uzbekistan
03.07.03
Urgent Interventions
Uzbekistan: arrest and detention of journalist Hairulla Ernazarov
Case UZB 030703
Arbitrary arrest and detention / Freedom of religion and belief
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 Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arrest and detention of journalist Hairulla Ernazarov in Uzbekistan.
According to the information received, on June 25th, 2003, Malohat Kasimova, a citizen of Tashkent City, reported to a human rights defence group in Uzbekistan the arrest of her husband Hairulla Ernazarov. Ms. Kasimova reported that on April 28th, 2003, police and an SNS (Service of National Security) member came to her apartment in Tashkent City and arrested her husband Hairulla Ernazarov, a citizen of Samarkand Oblast, Narpai region. There was no reason given for his arrest at that time.
Three days later SNS member Izzatulla Ismatullaev informed Ms. Kasimova that her husband had been wanted by the SNS for 3 years for distributing audiocassettes of Islamic preacher Abduvalli-kori. Ms. Kasimova turned to human rights defender Vasila Inoyatova to help locate Mr. Ernazarov. Mr. Ernazarov was being held at the Isolation-Investigation Center of Samarkand SNS. Ms. Kasimvoa arrived in Samarkand on May 10th/11th, but was not permitted by SNS investigator Asom Abdurahmonov to deliver food and clothing to her husband. Samarkand Procurator Aliev refused to meet with Ms. Kasimova and the deputy procurator informed her that there was no current criminal case against Hairulla Ernazarov in the prosecutor's office. Ms. Kasimova turned to Samarkand human rights defender Komil Ashurov, who helped her procure the services of Salomat Davlatova, a lawyer, to defend Mr. Ernazarov.
Ms. Kasimova has learned that a court proceeding against her husband began on June 17th in Samarkand. Ms. Kasimova was not informed of the proceedings and initially Komil Ashurov and Salomat Davlatove were not allowed to participate in the proceedings. SNS and Samarkand Court have refused to provide Ms. Kasimova with a crime-sheet. According to her, Mr. Ezranova is accused of being connected with "Vahhabism" and being a member of the "Hizb-Ut-Tahrir" party. OMCT has no further information at present concerning developments in this trial or concerning Hairulla Ernazarov’s current condition. Additionally, Ms. Kasimova's order for an apartment has been blocked by police officer Ozodbek Mullaboev and she will be forced to return to her parents in Samarkand.
Malohat Kasimova and Hairulla Ernazarov have been married and living in Tashkent City since 1996. They both graduated from the Tashent Institute of Arts, and Mr. Ernazarov worked for "Halk Suzi" and "Sport" newspaper. Both of their daughters were born disabled and have needed surgery, including four operations to the elder daughter and two operations to the younger to date, at the Tashkent Institute of Orthopedics. Mr. Ernazarov has been working in a bazaar to pay for these operations.
OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention in Uzbekistan. OMCT calls upon the authorities to halt the persecution of the Hizb-ut-Tahrir and to guarantee the freedom of religion in the country.
The International Secretariat of OMCT is gravely concerned by the apparent targeting of Hizb-Ut-Tahrir party members, a party which, according to our sources, is a non-violent organisation. Although OMCT does not associate itself in any way with the political or religious position of the Hizb-ut-Tahrir, it condemns the repression, which is often violent in nature, to which the party and its members are being subjected. The arbitrary arrest and detention, the sentencing to disproportionate prison sentences, and the ill-treatment and torture to which the members of this group are reportedly actually or at risk of being subjected are violations of international law. The International Secretariat of OMCT is therefore gravely concerned for the physical and psychological integrity of Hairulla Ernazarov, who has been detained incommunicado for a lengthy period of time, giving rise to fears that he may be being subjected to ill treatment and/or torture. OMCT calls on the Uzbek government to 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. OMCT also calls on the Uzbek government to allow Mr. Ernazarov family visits and access to legal counsel for the time of his detention and, more generally, to end the harassment of the "Hizb-Ut-Tahrir" party and its members.
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. Ernazarov and his family;
ii. guarantee that Mr. Ernazarov be granted access to legal representation and family visits;
iii. 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;
iv. immediately halt the repression of the Hizb-ut-Tahrir;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Note: you may encounter difficulties with the fax and e-mail information below. Please keep trying until you get through.
· 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, July 3rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrest and detention / Freedom of religion and belief
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 Kyrgyz Committee for Human Rights, a member of the OMCT network, of the arrest and detention of journalist Hairulla Ernazarov in Uzbekistan.
According to the information received, on June 25th, 2003, Malohat Kasimova, a citizen of Tashkent City, reported to a human rights defence group in Uzbekistan the arrest of her husband Hairulla Ernazarov. Ms. Kasimova reported that on April 28th, 2003, police and an SNS (Service of National Security) member came to her apartment in Tashkent City and arrested her husband Hairulla Ernazarov, a citizen of Samarkand Oblast, Narpai region. There was no reason given for his arrest at that time.
Three days later SNS member Izzatulla Ismatullaev informed Ms. Kasimova that her husband had been wanted by the SNS for 3 years for distributing audiocassettes of Islamic preacher Abduvalli-kori. Ms. Kasimova turned to human rights defender Vasila Inoyatova to help locate Mr. Ernazarov. Mr. Ernazarov was being held at the Isolation-Investigation Center of Samarkand SNS. Ms. Kasimvoa arrived in Samarkand on May 10th/11th, but was not permitted by SNS investigator Asom Abdurahmonov to deliver food and clothing to her husband. Samarkand Procurator Aliev refused to meet with Ms. Kasimova and the deputy procurator informed her that there was no current criminal case against Hairulla Ernazarov in the prosecutor's office. Ms. Kasimova turned to Samarkand human rights defender Komil Ashurov, who helped her procure the services of Salomat Davlatova, a lawyer, to defend Mr. Ernazarov.
Ms. Kasimova has learned that a court proceeding against her husband began on June 17th in Samarkand. Ms. Kasimova was not informed of the proceedings and initially Komil Ashurov and Salomat Davlatove were not allowed to participate in the proceedings. SNS and Samarkand Court have refused to provide Ms. Kasimova with a crime-sheet. According to her, Mr. Ezranova is accused of being connected with "Vahhabism" and being a member of the "Hizb-Ut-Tahrir" party. OMCT has no further information at present concerning developments in this trial or concerning Hairulla Ernazarov’s current condition. Additionally, Ms. Kasimova's order for an apartment has been blocked by police officer Ozodbek Mullaboev and she will be forced to return to her parents in Samarkand.
Malohat Kasimova and Hairulla Ernazarov have been married and living in Tashkent City since 1996. They both graduated from the Tashent Institute of Arts, and Mr. Ernazarov worked for "Halk Suzi" and "Sport" newspaper. Both of their daughters were born disabled and have needed surgery, including four operations to the elder daughter and two operations to the younger to date, at the Tashkent Institute of Orthopedics. Mr. Ernazarov has been working in a bazaar to pay for these operations.
OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention in Uzbekistan. OMCT calls upon the authorities to halt the persecution of the Hizb-ut-Tahrir and to guarantee the freedom of religion in the country.
The International Secretariat of OMCT is gravely concerned by the apparent targeting of Hizb-Ut-Tahrir party members, a party which, according to our sources, is a non-violent organisation. Although OMCT does not associate itself in any way with the political or religious position of the Hizb-ut-Tahrir, it condemns the repression, which is often violent in nature, to which the party and its members are being subjected. The arbitrary arrest and detention, the sentencing to disproportionate prison sentences, and the ill-treatment and torture to which the members of this group are reportedly actually or at risk of being subjected are violations of international law. The International Secretariat of OMCT is therefore gravely concerned for the physical and psychological integrity of Hairulla Ernazarov, who has been detained incommunicado for a lengthy period of time, giving rise to fears that he may be being subjected to ill treatment and/or torture. OMCT calls on the Uzbek government to 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. OMCT also calls on the Uzbek government to allow Mr. Ernazarov family visits and access to legal counsel for the time of his detention and, more generally, to end the harassment of the "Hizb-Ut-Tahrir" party and its members.
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. Ernazarov and his family;
ii. guarantee that Mr. Ernazarov be granted access to legal representation and family visits;
iii. 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;
iv. immediately halt the repression of the Hizb-ut-Tahrir;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
Note: you may encounter difficulties with the fax and e-mail information below. Please keep trying until you get through.
· 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, July 3rd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.