Uzbekistan
15.08.03
Urgent Interventions
Uzbekistan: torture of persons accused of membership with the Hizb-ut-Tahrir
Case UZB 080803
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 Human Rights Watch - Uzbekistan of allegations of torture and ill treatment that have surfaced during the trial of 12 persons accused of being members of the Hizb-ut-Tahrir in Uzbekistan.
According to the information received, during the trial of 12 persons accused of membership with the banned Hiz-ut-Tahrir religious group, several defendants and a witness have alleged that they have been subjected to torture and ill-treatment. The defendants include: Kasimov, Rustam Palpievich (1983); Abidov, Anvar Azizovich (1970); Aripov, Ulugbek Turgunovich (1974); Zakirov, Nodirzhan Nasirovich (1976); Ashrapov, Kamoliddin Salokhiddinovich (1976); Iakubzhanov, Akmal Anvarovich (1969); Rashidov, Mukhammad Abdukarimovich (1985); Musakhanov, Abdukhalil Jalilovich (1964); Abdurakhmanov, Abdurasul Abdusattorovich (1982); Iakubov, Bakhtier Khaojiakbarovich (1982); Zakirov, Shukhrat Shakirovich (1969) and Abdullaev, Shoaziz Mansurovich (1972).
The trial is being conducted by Judge U. Masadikov at the Sobir Rakhimov District Court and the defendants have been charged under the following articles of the Uzbek Criminal Code: Art.159 - infringement on the constitutional regime of Uzbekistan; Art. 244-1 - preparation or distribution of material threatening public security and order; Art. 244-2 - creating, leading, or participating in religious, extremist, separatist, fundamentalist or other illegal organization; and, Art. 127 - involving minors in anti-social behavior (apart from Rashidov who is a minor).
Bobomuratov, Khasan Mukhiddinovich (1985) was testifying as a witness when he made torture allegations. Bobomuratov was sentenced to 7 years in prison by the Akmal Ikramov District Court on July 4th, 2003. He was found guilty of violating articles 159, 244-1, 244-1 of the Uzbek Criminal Code (see above). During the investigation, Bobomuratov allegedly identified Mukhammad Rashidov as a member of the Hizb-ut-Tahrir. In court on July 30th, 2003, while testifying as a witness, Bobomuratov retracted his testimony and said that he had been forced to testify that he knew Rashidov.
In addition, Mr. Iakubov, Mr. Abdurakhmanov, and Mr. Abdullaev were testifying as defendants when they made allegations of torture. Judge U.M. Masadikov has reportedly ignored the allegations of torture and the relatives are afraid that the defendants will be sentenced to long prison sentences on the basis of testimonies extracted under torture. On July 28, 2003, defendant Bakhtiar Iakubov gave following testimony in court: “On April 14, when I was coming back from work, police detained me and brought me to the [Shaikhantaur district department of internal affairs]. They started beating me. I couldn’t handle the beating so I wrote the testimony. Everything I wrote was a lie... After all the beating and torture I didn’t know what I wrote.” On July 30, 2003, as the judge questioned the police-officer from Akmal Ikramov District police station who detained defendant Abdurasul Abdurakhmanov, Abdurakhmanov said that he had been treated roughly. On July 30, 2003, defendant Shoaziz Abdullaev gave the following testimony in court: ”I was treated roughly. When I entered the Akmal Ikramov ROVD, they shouted ’Allah Akbar’ and started beating me.”
The defendants are being held at Tashkent prison 1 (also known as Tashtiurma). The defendants have made no specific allegations about torture in Tashtiurma. When the defendants have specified place of torture, they have said that they have been tortured in various departments of the Ministry of Internal Affairs (police stations). However, there have been allegations of inadequate living conditions. On Thursday July 24, 2003, the trial was postponed for three hours because several of the defendants did not feel well. The defendants said that there had been a power outage at the prison and that they had received no food as result (it is unclear how long the power outage lasted). The defendants also said that they were not allowed to sleep for an unspecified period of time. Three ambulances were called to the court. The trial resumed after three hours with the defendants’ consent. Relatives have been trying to give the defendants food during breaks in the court proceedings on a regular basis. The guards will only pass food to the defendants if the relatives pay them bribes. This was also the case the day that the defendants said that they were feeling ill because of a lack of food as a result of the power outage.
In addition, relatives are also concerned about the health of Mukhammad Rashidov who is epileptic. Because of his illness, Rashidov needs medical care and the level and quality of medical care and treatment in Uzbek prisons are known to be far from satisfactory. The verdict in this case is expected to be delivered by Judge U.M. Masadikov at the Sobir Rakhimov District Court, Tashkent, on Monday August 11 at 10 o'clock.
The International Secretariat of OMCT is gravely concerned by the afore-mentioned allegations of torture and ill treatment, notably as this case involves minors, as well as the risk that the persons being tried may be sentenced to long prison term based on confessions extracted as a result of this torture.
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;
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 that the detainees be granted access to legal representation and family visits;
iv. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to all detainees that require it;
v. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
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
· President of Uzbekistan, Islam Abduganiyevich KARIMOV, Respublika Uzbekistan; 700163 g. Tashkent; ul., Uzbekistanskaya, 43; Rezidentsia prezidenta; Fax: + 998 71 133 7258 (Write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29, Prezidentu RU, Karimovou I.A., E-mail: presidents_office@pressservice.uz
· Minister of Foreign Affairs, Sodiq Solihovich Safoyev, 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, 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, Predsedatelyu Fakhreddinovoy, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan
· General Procurator of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, Respublika Uzbekistan; 700047 g. Tashkent; ul. Gulyamova, 66; Prokuratura Respubliki Uzbekistan; Generalnomu prokuroru Kodirovou R. Kh, Fax: + 998 71 133 39 17
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, August 8, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
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 Human Rights Watch - Uzbekistan of allegations of torture and ill treatment that have surfaced during the trial of 12 persons accused of being members of the Hizb-ut-Tahrir in Uzbekistan.
According to the information received, during the trial of 12 persons accused of membership with the banned Hiz-ut-Tahrir religious group, several defendants and a witness have alleged that they have been subjected to torture and ill-treatment. The defendants include: Kasimov, Rustam Palpievich (1983); Abidov, Anvar Azizovich (1970); Aripov, Ulugbek Turgunovich (1974); Zakirov, Nodirzhan Nasirovich (1976); Ashrapov, Kamoliddin Salokhiddinovich (1976); Iakubzhanov, Akmal Anvarovich (1969); Rashidov, Mukhammad Abdukarimovich (1985); Musakhanov, Abdukhalil Jalilovich (1964); Abdurakhmanov, Abdurasul Abdusattorovich (1982); Iakubov, Bakhtier Khaojiakbarovich (1982); Zakirov, Shukhrat Shakirovich (1969) and Abdullaev, Shoaziz Mansurovich (1972).
The trial is being conducted by Judge U. Masadikov at the Sobir Rakhimov District Court and the defendants have been charged under the following articles of the Uzbek Criminal Code: Art.159 - infringement on the constitutional regime of Uzbekistan; Art. 244-1 - preparation or distribution of material threatening public security and order; Art. 244-2 - creating, leading, or participating in religious, extremist, separatist, fundamentalist or other illegal organization; and, Art. 127 - involving minors in anti-social behavior (apart from Rashidov who is a minor).
Bobomuratov, Khasan Mukhiddinovich (1985) was testifying as a witness when he made torture allegations. Bobomuratov was sentenced to 7 years in prison by the Akmal Ikramov District Court on July 4th, 2003. He was found guilty of violating articles 159, 244-1, 244-1 of the Uzbek Criminal Code (see above). During the investigation, Bobomuratov allegedly identified Mukhammad Rashidov as a member of the Hizb-ut-Tahrir. In court on July 30th, 2003, while testifying as a witness, Bobomuratov retracted his testimony and said that he had been forced to testify that he knew Rashidov.
In addition, Mr. Iakubov, Mr. Abdurakhmanov, and Mr. Abdullaev were testifying as defendants when they made allegations of torture. Judge U.M. Masadikov has reportedly ignored the allegations of torture and the relatives are afraid that the defendants will be sentenced to long prison sentences on the basis of testimonies extracted under torture. On July 28, 2003, defendant Bakhtiar Iakubov gave following testimony in court: “On April 14, when I was coming back from work, police detained me and brought me to the [Shaikhantaur district department of internal affairs]. They started beating me. I couldn’t handle the beating so I wrote the testimony. Everything I wrote was a lie... After all the beating and torture I didn’t know what I wrote.” On July 30, 2003, as the judge questioned the police-officer from Akmal Ikramov District police station who detained defendant Abdurasul Abdurakhmanov, Abdurakhmanov said that he had been treated roughly. On July 30, 2003, defendant Shoaziz Abdullaev gave the following testimony in court: ”I was treated roughly. When I entered the Akmal Ikramov ROVD, they shouted ’Allah Akbar’ and started beating me.”
The defendants are being held at Tashkent prison 1 (also known as Tashtiurma). The defendants have made no specific allegations about torture in Tashtiurma. When the defendants have specified place of torture, they have said that they have been tortured in various departments of the Ministry of Internal Affairs (police stations). However, there have been allegations of inadequate living conditions. On Thursday July 24, 2003, the trial was postponed for three hours because several of the defendants did not feel well. The defendants said that there had been a power outage at the prison and that they had received no food as result (it is unclear how long the power outage lasted). The defendants also said that they were not allowed to sleep for an unspecified period of time. Three ambulances were called to the court. The trial resumed after three hours with the defendants’ consent. Relatives have been trying to give the defendants food during breaks in the court proceedings on a regular basis. The guards will only pass food to the defendants if the relatives pay them bribes. This was also the case the day that the defendants said that they were feeling ill because of a lack of food as a result of the power outage.
In addition, relatives are also concerned about the health of Mukhammad Rashidov who is epileptic. Because of his illness, Rashidov needs medical care and the level and quality of medical care and treatment in Uzbek prisons are known to be far from satisfactory. The verdict in this case is expected to be delivered by Judge U.M. Masadikov at the Sobir Rakhimov District Court, Tashkent, on Monday August 11 at 10 o'clock.
The International Secretariat of OMCT is gravely concerned by the afore-mentioned allegations of torture and ill treatment, notably as this case involves minors, as well as the risk that the persons being tried may be sentenced to long prison term based on confessions extracted as a result of this torture.
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;
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 that the detainees be granted access to legal representation and family visits;
iv. intervene with the proper authorities to ensure that adequate medical assistance is provided as a matter of urgency to all detainees that require it;
v. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
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
· President of Uzbekistan, Islam Abduganiyevich KARIMOV, Respublika Uzbekistan; 700163 g. Tashkent; ul., Uzbekistanskaya, 43; Rezidentsia prezidenta; Fax: + 998 71 133 7258 (Write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29, Prezidentu RU, Karimovou I.A., E-mail: presidents_office@pressservice.uz
· Minister of Foreign Affairs, Sodiq Solihovich Safoyev, 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, 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, Predsedatelyu Fakhreddinovoy, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan
· General Procurator of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, Respublika Uzbekistan; 700047 g. Tashkent; ul. Gulyamova, 66; Prokuratura Respubliki Uzbekistan; Generalnomu prokuroru Kodirovou R. Kh, Fax: + 998 71 133 39 17
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, August 8, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.