Uzbekistan
17.10.05
Urgent Interventions
Uzbekistan: Closure of the Uzbek branch of Internews Network
URGENT APPEAL - THE OBSERVATORY
Uzbekistan
October 17, 2005
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 concerning the following situation in Uzbekistan.
According to the information received, on October 11, 2005, after ten minutes of deliberation, the Tashkent Appeal Court denied, without any precise ground, Internews Network’s appeal against the decision of its closure. Indeed, on September 9, 2005, the Tashkent Court ordered the dissolution of the organisation, mainly for having carried out activities without the necessary authorisations, and for having used the association’s logo without the consent of the Ministry of Justice.
Following this sentence, Internews Network has to inform all of its creditors of the judicial decision by means of an advertisement in newspapers, within a period of time of two months following the decision, and to settle all its debts, which will be checked by a liquidation commission. However, the organisation’s bank accounts in Uzbekistan were frozen in August 2004, which makes the organisation unable to pay even for the advertisement.
This closure took place in the context of the crackdown on foreign NGOs in Uzbekistan in the last eighteen months, especially those supporting the development of democracy and those promoting human rights, and of the increasing pressure on local NGOs since May 2005, when government forces evidently killed hundreds of unarmed demonstrators in the city of Andijan (See Observatory Urgent Appeals UZB 001/0505/OBS 036, 036.1, 036.2 and UZB 002/0805/OBS 063).
The Observatory strongly condemns this new decision, which clearly aims at hindering freedom of expression in Uzbekistan, in particular in the media, and contravenes the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular 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 6(b) and (c), which provides that “everyone has the right, individually and in association with others (…) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.
i. Review the decision sentencing Internews Network’s closure, this decision being illegal as it contravenes the exercise of fundamental freedoms, and as it is not based on any precise grounds;
ii. Guarantee the physical and psychological integrity of Internews Network’s members, and of all human rights defenders in Uzbekistan;
iii. Conform with the Declaration on Human Rights Defenders, adopted by the United Nations’ General Assembly on December 9, 1998, in particular its above-mentioned articles 1, 6(b) and 6(c), and article 12.2, which provides 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”;
iv. Conform with the provisions of the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Organisation for Security and Cooperation in Europe (OSCE), adopted in 1990, in particular article 9.1, which states that “everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards”;
v. Conform with the provisions of the Universal Declaration on Human Rights, and with other international or regional instruments binding Uzbekistan.
Please also write to the embassies of Uzbekistan in your respective country.
***
Paris - Geneva, October 17, 2005
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: observatoire@iprolink.ch
New information - UZB 003 / 0805 / OBS 066.1
Closure of an NGOUzbekistan
October 17, 2005
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 concerning the following situation in Uzbekistan.
New information:
The Observatory has been informed by Internews Network, an international organisation that promotes freedom of the press and access to information for people around the world by fostering independent media and promoting open communications policies, of the judicial closure of its Uzbek branch.According to the information received, on October 11, 2005, after ten minutes of deliberation, the Tashkent Appeal Court denied, without any precise ground, Internews Network’s appeal against the decision of its closure. Indeed, on September 9, 2005, the Tashkent Court ordered the dissolution of the organisation, mainly for having carried out activities without the necessary authorisations, and for having used the association’s logo without the consent of the Ministry of Justice.
Following this sentence, Internews Network has to inform all of its creditors of the judicial decision by means of an advertisement in newspapers, within a period of time of two months following the decision, and to settle all its debts, which will be checked by a liquidation commission. However, the organisation’s bank accounts in Uzbekistan were frozen in August 2004, which makes the organisation unable to pay even for the advertisement.
This closure took place in the context of the crackdown on foreign NGOs in Uzbekistan in the last eighteen months, especially those supporting the development of democracy and those promoting human rights, and of the increasing pressure on local NGOs since May 2005, when government forces evidently killed hundreds of unarmed demonstrators in the city of Andijan (See Observatory Urgent Appeals UZB 001/0505/OBS 036, 036.1, 036.2 and UZB 002/0805/OBS 063).
The Observatory strongly condemns this new decision, which clearly aims at hindering freedom of expression in Uzbekistan, in particular in the media, and contravenes the provisions of the Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, in particular 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 6(b) and (c), which provides that “everyone has the right, individually and in association with others (…) to publish, impart or disseminate to others views, information and knowledge on all human rights and fundamental freedoms” and “to study, discuss, form and hold opinions on the observance, both in law and in practice, of all human rights and fundamental freedoms and, through these and other appropriate means, to draw public attention to those matters”.
Background information:
The judicial proceedings against Internews Network follow judicial proceedings against Mrs. Khalida Anarbayeva, former Managing Director of the representative office of Internews Network, and currently Senior Advisor, and Mrs. Olga Narmuradova, Accountant of Internews Network, condemned in August 2005 by the Tashkent Court for having violated Article 190(2)b of the Uzbek Criminal Code on charges of “publishing information and producing videos without a license” (See Urgent Appeal UZB 003/0805/OBS 066). In delivering his decision to initiate the proceedings to a court in camera, the judge said that Internews had “started meddling in the politics of Uzbekistan and in the politics of the President and that is why the proceedings were instituted”. Later on, the appeal lodged by Mrs. Anarbayeva was rejected by the Tashkent Court. However, in accordance with Uzbek law, Mrs. Anarbayeva and Mrs. Narmuradova are under no prison penalty as they do not have any police record.Action requested:
Please write to the Uzbek authorities in order to urge them to:i. Review the decision sentencing Internews Network’s closure, this decision being illegal as it contravenes the exercise of fundamental freedoms, and as it is not based on any precise grounds;
ii. Guarantee the physical and psychological integrity of Internews Network’s members, and of all human rights defenders in Uzbekistan;
iii. Conform with the Declaration on Human Rights Defenders, adopted by the United Nations’ General Assembly on December 9, 1998, in particular its above-mentioned articles 1, 6(b) and 6(c), and article 12.2, which provides 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”;
iv. Conform with the provisions of the Document of the Copenhagen Meeting of the Conference on the Human Dimension of the Organisation for Security and Cooperation in Europe (OSCE), adopted in 1990, in particular article 9.1, which states that “everyone will have the right to freedom of expression including the right to communication. This right will include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. The exercise of this right may be subject only to such restrictions as are prescribed by law and are consistent with international standards”;
v. Conform with the provisions of the Universal Declaration on Human Rights, and with other international or regional instruments binding Uzbekistan.
Addresses:
- President of Uzbekistan, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 7258, 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, E-mail: office@ombudsman.gov.uz
- 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
- General Prosecutor of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17, E-mail: prokuratura@lawyer.com
- 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, E-mail: office@nchr.uz
- 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 embassies of Uzbekistan in your respective country.
***
Paris - Geneva, October 17, 2005
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: observatoire@iprolink.ch