24.10.14

Kyrgyzstan: The Prosecutor’s Office took control over Azimjon Ibragimov’s case

The Osh City Prosecutor’s Office conducted a Supervisory Review of Azimjon Ibragimov’s complaint regarding an attack on him two months ago.

On 1 September 2014, at 05:30 AM, near the “Khasiyat” mosque of the Osh city, an ethnic Uzbek, Azimjon Ibragimov, born in 1951, was attacked. He was going to the mosque for the Morning Prayer. He was unexpectedly approached by three young Kyrgyz looking men who addressed him as “You Sart”; he then came under a sudden physical attack by them.

Azimjon Ibragimov sustained two broken ribs, a concussion and multiple bruises and was forced to seek medical care at the Department of Traumatology of Osh city hospital.

Soon Kyrgyz authorities found out about this attack on basis of the ethnic animosity. But the investigation really started only after intervention of the State Commission on National Policies and with assistance of “Freedom House”, “Human Right Watch”, the OSCE and other international organisations.

On 21 October 2014 the Chief Prosecutor E. Asratov of the Osh City Prosecutor’s Office said that he conducted a Supervisory Review of Alimzjon Ibragimov’s case instigated on his complaint about an attack on him and took the case under his control in accordance with Article 34 “Competence of the Prosecutor in conducting criminal matters” of the Criminal Procedural Code of the Republic of Kyrgyzstan.

The Association Human Rights in Central Asia expresses its gratitude to all the organisations who assisted Azimjon Ibragimov’s cause and hopes that the law enforcement agencies will do everything possible to bring the perpetrators to justice. 


14.10.14

Uzbekistan: a human rights activist Nuraddin Djumaniyazov is admitted to a hospital

Nuraddin Djumaniyazov, a jailed human rights activist is in dire health and suffers from diabetes. He was transferred to the Sangorod- УЯ 64/18, a prison medical facility in Tashkent. 

Nuraddin Djumaniyazov
Nuraddin Reimberganovich Djumaniyazov, was born on 8 October 1948 in Turtkul city of Karakalpakistan Autonomous Soviet Republic, Uzbekistan national, divorced, has got two children.  He is a member of the “Mazlum” human rights centre since 2003 and one of the founders. In 2012 he took an active part in founding the Union of Free Trade Unions to support the labour migrants and was a head of the Tashkent department. 

In January 2014, Djumaniyazov and other human rights defender, Fakhriddin Tillaev were accused of human trafficking under Article 135, Part 3, Subsection (d) of the Criminal Code of Republic of Uzbekistan. 

On 6 March 2014 the Tashkent City Shaykhontahur District Criminal Court sentenced him to 8 years and 9 months of imprisonment; Fakhriddinn Tillaev was sentenced to 10 years and 8 months.

Although the defence lawyer could demonstrate that during the investigative stage of the case and at the Court hearing the rights of Nuraddin Djumaniyazov and Fakhriddin Tillaev were violated, the appeals were unsuccessful.

Previous press releases about this case:
         - «Uzbekistan: the Supreme Court upheld the previous Court’s Decision against Tillaev and Djumaniyazov » dated 14 October 2014;
         - «Uzbekistan: the sentence against the human rights defenders Fakhriddin Tillaev and Nuraddin Djumanniyazov is upheld » dated 21 April 2014;
         - «Uzbekistan: Two human rights activists are imprisoned for 8 years and 3 months » dated 8 March 2014;
         - «Uzbekistan: A human rights activist Fakhriddin Tillaev is under a threat of long term imprisonment» dated 18 February 2014.

Uzbekistan: the Supreme Court upheld the Sentence against human rights activists Tillaev and Djumaniyazov

The Supreme Court of Uzbekistan has considered the appeal case of Fakhriddin Tillaev and Nuraddin Djumaniyazov, members of the “Mazlum” human rights centre. The Court Decision read that the guilt of the accused was proved by evidence, their conduct was a criminal one and the punishment proportionate.
Fakhriddin Tillaev
Fakhriddin Khabibullaevich Tillaev, was born on 15 August 1971, in the town of Baysun of the Surkhandarya region, Uzbekistan National, married and has two children. He is a member of the “Mazlum” human rights centre since 2003. He is involved in protection of labour rights in Surkhandarya region since 2005. In 2012, he was one of the founders of the Union of Free Trade Unions headed by Abdulla Tojiboy ogli, for support of the labour migrants.

Nuraddin Djumaniyazov
Nuraddin Reimberganovich Djumaniyazov, was born on 8 October 1948 in Turtkul city of Karakalpakistan Autonomous Soviet Republic, Uzbekistan national, divorced, has got two children. He is a member of the “Mazlum” human rights centre since 2003 and one of the founders. In 2012 he took an active part in founding the Union of Free Trade Unions to support the labour migrants and was a head of the Tashkent department.

The defence lawyer made an application to the Court asking for the case to be reviewed and the Judgement repealed. 
  • On 6 March 2014 the Tashkent City Shaykhantahur District Criminal Court sentenced two human rights activists, Fakhriddin Tillaev to 10 yours and 8 months of imprisonment and Nuraddin Djumaniyazov to 9 years, under Article 135 (Human Trafficking offence) of the Criminal Code of the Republic of Uzbekistan. The Court applied the Amnesty issued by the Senate to the case. 
  • On 17 April 2014 the Appeal Panel of the Tashkent City Court upheld the Judgement.
  • On 3 June 2014 an application was sent to the Tashkent City Court asking it to review the Judgement of the Shaykhantahur Criminal Court and the Decision of the Tashkent City Court Appeal Panel dated 17 April 2014. The application was rejected. 
The prosecution relied on assumptions. All the while, none of the Courts either checked the materials of the case or rectified numerous violations of the criminal procedure rules. 

An investigator of the Investigations Department of the Tashkent Department of Internal Affairs Office ignored the application requesting forensic examination of Fakhriddin Tillaev who was subjected to physical violence. The investigator saw the bruising on his body.  

Even long before the Court hearing the investigator did not hide his confidence that Tillaev and Djumaniyazov will be jailed. As his response to a number of repeat requests to conduct a forensic examination, in violation of the Criminal Procedural Code, he sent the application requesting the forensics to a Warden of the Tashkent Prison instead of a medical institution. It is still unclear whether there was a forensic examination and if so, what were the results. 

Further violations of the criminal procedure were unfounded rejections, first by the investigation then by the Court, to call Zhanar Demeuva, a Kazakhstan national, as a witness for the defence. Her evidence would allow assessing appearance of the victims F. Pardaev and E. Erdanov in Shimkent objectively. But this was not in the interests of either the Court or the investigation. The witness statements, which confirmed the prosecution’s case, were read out at the hearing. 

Additionally, the investigator claimed that because Zhanar Demeuova lives in Kazakhstan, he is unable to call her for giving evidence. Articles 592-593 of the Criminal Court of Uzbekistan says “… when it is necessary to carry out procedural steps provided for in this Code, in the territory of a foreign country, the Court, the Prosecutor and the Investigator put forward a request to competent authorities of a foreign state in accordance with international agreements signed by the Republic of Uzbekistan or on mutual basis”. However, these provisions were ignored by the investigation and the Court. 

In this manner, F. Tillaev and N. Djumaniyazov were found guilty under Subsection 2, Part 3 of Article 135 (Human Trafficking offence) of the Criminal Code of Uzbekistan, in violation of procedural rules. 

At the hearing, the place, time and manner of the crime allegedly committed by F. Tillaev were not established. 

Tillaev’s innocence is also proved by the fact that at the time when F. Pardaev and E. Erdanov were looking for work and at their departure he was in police detention for 15 for a non-criminal offence. 

The “victims” F. Pardaev and E. Erdanov sent a complaint to the Tashkent city Main Department of Internal Affairs Office alleging that they were smuggled into Kazakhstan where they were subjected to humiliation and threats. There is no supporting evidence for these allegations. A witness for prosecution Abdulla Tojiboy ogli also gave evidence. 

Thus the evidence produced by the prosecution is not conclusive; Fakhriddin Tillaev and Nuraddin Djumaniyazov were sentenced illegally. They were deprived of protection of their rights, appeal application was rejected. 

On 3 June 2014, the lawyer representing convicted human rights activists Fakhriddin Tillaev and Nuraddin Djuamniyazov, relying on Articles 510 (Persons Entitled to Bring Complaint against Sentence and Finding or Ruling by Way of Supervision Procedure) and 511 (Persons Entitled to Bring Protest against Sentence and Finding or Ruling in Court of Supervision) of the Criminal Procedure Code of the Republic of Uzbekistan filed an Appeal Application against the Judgement of the Shaykhantahur District Criminal Court dated 6 March 2014 and Decision of the Tashkent City Court dated 17 April 2014. He requested to repeal the Judgement and the criminal case against F. Tillaev and N. Djumaniyazov to be dropped. However, the acting Chairman of Judicial Panel on Criminal Matters G. Hidoyatov upheld the Judgement. 

The Association for Human Rights in Central Asia is convinced that human rights activists Tillaev and Djumaniyazov are convicted on trumped-up charges, their efforts to have a just, objective trial of their case using the domestic means of protection have failed. The next step available to the convicted human rights activists to restore the justice is to appeal to the UN Committee on Human Rights.

13.10.14

Our Condolences

On 10 October, Hamda Talipova, mother of Dilmurad Said a jailed human rights activist of the “Ezgulik” Human Rights Society of Uzbekistan passed away.

Dear Dilmurad Said,
It hard to accept the news that you Mother Hamda Tolipova died. She had enormous belief in you and was very proud of you. We appreciate that her departure is a hard blow for you. 

We deeply mourn with you.
We cherish the  memory of Hamda Talipova.

Please accept our deepest condolences. ,
from the members and the team of the Association for Human Rights in Central Asia

Kyrgyzstan: the rights of 53 entrepreneurs reinstated

The Osh regional administration is creating an interdepartmental commission to reinstate the ownership rights of 53 small businesses which used to belong to ethnic Uzbeks. 

On 9 June 2014 the State Inspectorate on Ecology and Technical Safety of the Government of Kyrgyzstan reached a decision in relation to these businesses which provide 600 positions. All of them were functioning before June 2010.

On 26 June 2014 we reported of mass closure of commercial entities owned by ethnic Uzbeks in Southern Kyrgyzstan. This process started under a pretext of re-planning of the Osh city, which was approved by the Kyrgyz Parliament on 9 September 2010. Rebuilding of the city entailed demolition of some commercial buildings and relocation of businesses to another part of the city. This in turn meant re-registration of ownership documents of many entities. At the same time, annulment of decisions taken by many state bodies took place, these included decision by the State Agency for Architecture, Construction, Housing and Communal Services, the Unified State Register of Static Units (USRSU) of the Kyrgyz Republic, and others. Also, regulatory authorities were involved in the process.

After the case has attracted a wide attention, the authorities stopped closing down of these entities and temporarily allowed them to operate.

On 20 October 2014, members of the Commission plan to visit all the businesses. All of the owners acknowledge that the situation has improved and thank for restoration of their property rights.

The Association for Human Rights in Central Asia appreciates the fact that the Kyrgyz government in this case is protecting the legal interests of its citizens, based on the constitutional principles of equality and justice.

Previous publications on this topic: