Uzbekistan
08.07.03
Urgent Interventions
Uzbekistan: torture and unfair trials of over 15 alleged Hizb-Ut-Tahrir members
Case UZB 080703
Arbitrary detention / Torture / Fair trial / Freedom of religion
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 sentencing of more than 15 defendants accused of being members of the Hizb-Ut-Tahrir party in Uzbekistan.
According to the information received, on July 4th, 2003, 15 individuals accused of belonging to the Hizb-Ut-Tahrir party were sentenced to prison terms ranging from three to fourteen years. Judge Djangonhir Abdullaev presided over the trial in Akmal Ikramov court in Tashkent City.
The fifteen accused persons were sentenced under the following articles of the Criminal Code of the Republic of Uzbekistan (CCRU): Article 158: "Encroachment to the Constitutional Regime of the Republic of Uzbekistan"; Article 244-1: "Producing or dissemination of the materials, containing the threat to the public security and public order"; and Article 244-2: "Establishment, administration and participation in religious, extremist, separatist, fundamental or other prohibited organizations."
The names and years of birth of the individuals who have been sentenced, and the length of the prison terms they must serve in high security facilities are as follows: Shonasyrov Ravshan (1984), 10 years; Yusupjonov Ravshan (1966), 10 years; Hojiev Shavkat (1973), 14 years; Gafurov Komiljon (1967), 10 years; Arziev Hairullo (1970), 10 years; Abdurasulov Kobiljon (1957), 10 years; Okulhujaev Ibrohimjon (1975), 15 years; Narhodjaev Ikrom (1965), 13 years; Buriev Hikmat (1980), 13 years; Bomuratov Hasan (1985), 7 years; Kasymov Zahid (1978), 7 years; Saidbekov Hasanbek (1974), 7 years; and Nuridinnov Hojiakbar (1980), 7 years. Additionally, Maksumhanov Olimhon (1970) and Omonov Abduhalil (1970) were both given 3-year suspended sentences and are on probation. The accused persons have the right to a lodge an appeal before the Tashkent City Appeals Court on Criminal Cases within 10 days.
According to the information received, the court proceedings that led to these sentences did not meet the internationally recognised standards for fair trials: the judge reportedly violated the criminal-procedural code during the trial; the defendants were tortured before they testified; and they were not allowed access to legal council.
Separately, on June 24th, 2003, Judge Shezod Usmanov sentenced Djangir Otajanov (1978) and Miradham Hasanov (1977) to 8 year prison sentences at high security facilities. The accused were charged under the afore-mentioned articles. Djangir Otajanov and Miradham Hasanov reported being tortured during their arrests and interrogations. Judge Sherzod Usmanov has also accused Ibrohim Muhsimov (1970) of being a member of the Hizb-Ut-Tahrir party, and there are serious concerns for his physical and psychological integrity as a result of this.
Furthermore, ten detainees whose identities remain unknown at present are reportedly being held in the Tashkent City CAIA (Municipal Administration of Internal Affairs) cellar. They are accused of belonging to Hizb-Ut- Tahrir. Among the detainees are several young women whose cases are currently being investigated.
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.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned detainees, particularly as there have been reports that they have been subjected to torture and still remain at risk of further treatment of this kind. OMCT calls on the Uzbek government to suspend the sentences of all the afore-mentioned persons, as they did not receive fair trials, and to order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, to ensure that they receive prompt and fair trials.
OMCT urges the government to launch a prompt and impartial investigation into these events, notably the allegations of torture, in order to identify those responsible and bring them to justice and provide adequate reparation to the victims of these acts. Finally, OMCT calls on the Uzbek government to end the harassment of individuals associated with the Hizb-Ut-Tahrir party.
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 the afore-mentioned persons who are beind detained for alleged membership within the Hizb-Ut-Tahrir party;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee that adequate reparation is provided to the afore-mentioned victims;
v. put an immediate end to the persecution and harassment of the Hizb-Ut-Tahrir party;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and 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, July 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary detention / Torture / Fair trial / Freedom of religion
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 sentencing of more than 15 defendants accused of being members of the Hizb-Ut-Tahrir party in Uzbekistan.
According to the information received, on July 4th, 2003, 15 individuals accused of belonging to the Hizb-Ut-Tahrir party were sentenced to prison terms ranging from three to fourteen years. Judge Djangonhir Abdullaev presided over the trial in Akmal Ikramov court in Tashkent City.
The fifteen accused persons were sentenced under the following articles of the Criminal Code of the Republic of Uzbekistan (CCRU): Article 158: "Encroachment to the Constitutional Regime of the Republic of Uzbekistan"; Article 244-1: "Producing or dissemination of the materials, containing the threat to the public security and public order"; and Article 244-2: "Establishment, administration and participation in religious, extremist, separatist, fundamental or other prohibited organizations."
The names and years of birth of the individuals who have been sentenced, and the length of the prison terms they must serve in high security facilities are as follows: Shonasyrov Ravshan (1984), 10 years; Yusupjonov Ravshan (1966), 10 years; Hojiev Shavkat (1973), 14 years; Gafurov Komiljon (1967), 10 years; Arziev Hairullo (1970), 10 years; Abdurasulov Kobiljon (1957), 10 years; Okulhujaev Ibrohimjon (1975), 15 years; Narhodjaev Ikrom (1965), 13 years; Buriev Hikmat (1980), 13 years; Bomuratov Hasan (1985), 7 years; Kasymov Zahid (1978), 7 years; Saidbekov Hasanbek (1974), 7 years; and Nuridinnov Hojiakbar (1980), 7 years. Additionally, Maksumhanov Olimhon (1970) and Omonov Abduhalil (1970) were both given 3-year suspended sentences and are on probation. The accused persons have the right to a lodge an appeal before the Tashkent City Appeals Court on Criminal Cases within 10 days.
According to the information received, the court proceedings that led to these sentences did not meet the internationally recognised standards for fair trials: the judge reportedly violated the criminal-procedural code during the trial; the defendants were tortured before they testified; and they were not allowed access to legal council.
Separately, on June 24th, 2003, Judge Shezod Usmanov sentenced Djangir Otajanov (1978) and Miradham Hasanov (1977) to 8 year prison sentences at high security facilities. The accused were charged under the afore-mentioned articles. Djangir Otajanov and Miradham Hasanov reported being tortured during their arrests and interrogations. Judge Sherzod Usmanov has also accused Ibrohim Muhsimov (1970) of being a member of the Hizb-Ut-Tahrir party, and there are serious concerns for his physical and psychological integrity as a result of this.
Furthermore, ten detainees whose identities remain unknown at present are reportedly being held in the Tashkent City CAIA (Municipal Administration of Internal Affairs) cellar. They are accused of belonging to Hizb-Ut- Tahrir. Among the detainees are several young women whose cases are currently being investigated.
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.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of the afore-mentioned detainees, particularly as there have been reports that they have been subjected to torture and still remain at risk of further treatment of this kind. OMCT calls on the Uzbek government to suspend the sentences of all the afore-mentioned persons, as they did not receive fair trials, and to order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, to ensure that they receive prompt and fair trials.
OMCT urges the government to launch a prompt and impartial investigation into these events, notably the allegations of torture, in order to identify those responsible and bring them to justice and provide adequate reparation to the victims of these acts. Finally, OMCT calls on the Uzbek government to end the harassment of individuals associated with the Hizb-Ut-Tahrir party.
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 the afore-mentioned persons who are beind detained for alleged membership within the Hizb-Ut-Tahrir party;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee that adequate reparation is provided to the afore-mentioned victims;
v. put an immediate end to the persecution and harassment of the Hizb-Ut-Tahrir party;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and 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, July 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.