Investigation on a criminal case №22/13-474 was concluded on 14 February 2014.
A human rights activist Fakhriddin Tillaev and Nuraddin Djumaniyazov activist of Tashkent Independent
Trade Unions are charged with human trafficking, they are facing 8 to 12 years
of imprisonment.
Fakhriddin Khabibulloevich Tillaev born on 15 August 1971 in the Baysun District of Surkhandarya
Region of Uzbekistan. He is an Uzbek citizen, married and has two children.
- Between
1989-1991 he studied at the Tashkent Cooperative College and graduated
specialising as an "accountant and economist".
- Between
1992-1997 he studied at the Tashkent State University named after Al-Beruni.
- In
1994-1997 worked at the Baysun District Department of Natural Gas Supply.
- Between 1997-2000 he headed the Baysun
District Trade Union of Small and Medium Size Businesses.
- In 2000-2001 he was a head of the
Sukhandarya Region Chamber of Entrepreneurs.
- In
2002-2003 he was head of the Surkhandarya Region Department of the Human Rights
Society of Uzbekistan.
- Since
2003 he is a member of the “Mazlum” Human Rights Centre.
- In 2004-2005 he was a Chairman of the
Surkhandarya Region Department of Independent
Human Rights Organisations of Uzbekistan (IHROU).
- In 2005 he founded Union of Independent Trade Unions in Surkhandarya
Region, in support of labour migrants.
We are also trying to find detailed information about Nuraddin
Djumaniyazov.
- Le cas criminel
On 28 December 2013 in the
Headquarters of the Tashkent City Department of Internal Affairs the first
questioning of two Uzbek citizens: Farkhad Pardayev (born 27.02.1969) and Erkin
Erdanov (born 07.05.1959) took place. They accused Nuraddin Reimbergenovich Djumaniyazov
(born 10.18.1948) of arranging for them to work in Kazakhstan, and their labour
rights were violated once in Kazakhstan. According to investigators, they
approached law enforcement agencies at the insistence of Abdullah Tojiboy-ogli,
an activist of the "Human Rights Alliance of Uzbekistan".
On 2 January 2014 Fakhriddin Tillaev and Nuraddin Djumaniyazov were arrested.
They are held in prison No. UA 64-IZ-1, in Tashkent. They are accused of "organised
human trafficking" (Article 135, Section 3, subsection "d" of
the Criminal Code of Republic of Uzbekistan).
According to the investigators, Nuraddin
Djumaniyazov, at the request of Abdullo Tojiboy-ogli, gave Farkhad Pardayev and
Erkin Erdanov contact information of a recruiter for construction workers - Zhanar Demeuova, in
Shymkent (South Kazakhstan).
Farhad Pardaev and Erkin Erdanov arrived in Shymkent on 5 September
2013, where they found Zhanar Demeuova. They explained to her their difficult
economic situation. When she realised that they had no experience in this
field, she refused to offer them any employment, but after much persuasion, she
finally agreed to help. She paid for their room and board for initial period. She
registered them in Kazakhstan, so that they were in the country legally. Their
passports have corresponding stamps, the passports were immediately returned to
them.
Demeuova soon found work with a foreman for them, so that they quickly
learned the construction trade. Farhad Pardaev Erkin Erdanov took 15 days to do
the work that a specialist usually performs in 5-6 days. Their wages were paid as
agreed and on time.
A statement of Zhanar Demeuova, citizen of Kazakhstan, is attached to
the materials of the criminal case. According to her testimony, Tillaev had
nothing to do with the employment of these two people. The claim by Pardayev
and Erdanov does not say anything about Tillaev. But he drew the attention of
investigators because he visited Zhanar Demeuova accompanied by Nuraddin Djumaniyazov.
Abdullo Tojiboy-ogli is called as a witness for the prosecution.
The hearing of the criminal case is scheduled for the end of February. The
State provided Nuraddin Djumaniyazov with a lawyer, Sh. Shakasimov. Fakhriddin
Tillaev is represented by P. Braunerg, a lawyer.
Tillaev’s lawyer believes that the
Court will support the prosecution, despite signs of fabrication of charges by
the investigation, although there is no evidence of "complicity" of
Tillaev in human trafficking. The prosecutors for Tillaev combined the punishment
which stems from previously filed administrative matter to the materials of case
against him.
- The Administrative Case
On 23 August 2013, at 21:00 hours, an
intoxicated naked woman came to Fakhriddin Tillaev’s home in Tashkent. The
woman in question lives in the house next door, but the Tillaevs do not
maintain contact with her. At that moment Tillaev’s wife and two children were
in the house. Soon after, 8 unidentified men knocked on the door, a man who
introduced himself to be the naked guest’s husband, led her out of Tillaev’s house
against her will. All intruders left. And then a local policeman appeared to
have the statement of the woman, in which she falsely accused Tillaev of sexual
harassment. The policeman passed the statement to the Chilanzar District Court
of Tashkent.
On 20
September 2013 by Decision of the Chilonzar District Criminal Court, Tillaev
was sentenced to administrative punishment under Article 40, part 2 (Libel) - a
fine of 10 minimum wages, i.e. 1 million 372 950 soums (local currency); Article
52, part 2 (Bodily Harm) - 2 times the minimum wage, i.e. 183 thousand 060
soums; Article 183 (Disorderly Conduct) - administrative detention for 15 days.
In his
Appeal, Tillaev wrote that the administrative case materials were collected
with a flagrant violation of the law, and the hearing was held in an accusatory
manner. He was deliberately deprived of the right to defend his interests, to give
explanations, to present evidence, to submit petitions, access to a lawyer. He
repeatedly asked the Judge to allow a lawyer to be present during the
investigation of the administrative case and proceedings and demanded the Prosecutor's
participation. The Court rejected his application ignoring the Article 294 of
the Administrative Code (Rights and duties of the person brought to
administrative responsibility). Tillaev asked the Judge to give him the
opportunity to familiarise himself with the materials of the case, but he was denied
even this right, contrary to Article 30 of the Constitution of Uzbekistan,
which states that all state bodies,
public organisations and officials of Uzbekistan shall allow any citizen access
to documents, decisions and other materials relating to their rights and
interests.
On 7
September 2013 Major I.Ostanakulov, Senior Prevention Inspector made a report. On
8 September, it was approved by Chief of the Chilanzar District Department of
Internal Affairs, Colonel A. Yuldashev. But the Court received it only after 5
days, i.e. on 13 of September, in violation of the Article 282 of the
Administrative Code (Direction protocol on Administrative Offense), which
indicates that the materials should be sent within one day to the body authorised
to hear the case. The Chilonzar Court Judge did not pay any attention to this. Forensic
examination of Yu.Lykova was conducted on 3 September 2013. According to
experts, on 23 August 2013 she allegedly received minor injuries. The
examination was carried out only 10 days later. During this time, all minor
injuries could have disappeared while, where the new ones came from is unknown.
Moreover, the District Court and local police disregarded evidence given by Tillaev
that Yu. Lykova was drunk, completely naked, broke into Tillaev’s apartment and
in the presence of his wife and children smashed a computer and a mobile phone.
The
Court on Administrative Matters did not take into account other violations:
— Yu. Lykova’s statement is not dated
and lacks registration date (л.д.
8-9);
— Statement
of Ortsuev, a witness of the prosecution is not signed and lacks the warning on
the criminal liability for perjury;
— Tillaev’s submissions to call his wife and
other eyewitnesses who could rebut Lygova’s evidence, were ignored by the Court;
— the case contains evidence given by a
representative of local Mahalla (community) Sevar Mavlonov, where he said that
Yu. Lykova lived there for 10 years and Tillaev - 3 years; Tillaev actually
lives there for 10 years, and Lykova - 3 years, with no local police registration.
Tillaev tried to prove it in the Court, but he was not even given the word.
In his
Appeal Statement, Tillaev writes that Lykova was not held responsible for her acts
of hooliganism. He appealed to the local police inspector Major I. Ostanakulov and
an official of the Mahalla, but the officials were not available in their
workplace.
- Torture and ill-treatment
During the administrative arrest, Tillaev was
tortured and threatened. He was forced to "confess" that he was a
terrorist. The conditions of his detention were torturous in themselves. He was
given a loaf of bread for a day, dinner consisted of almost inedible soup. He was
only allowed to use toilet in the mornings and evenings. The prison cell contained
25 people, it was dirty and stuffy. Relatives were not allowed to see him, the
authorities did not accept anything to be passed on to him.
At present, Fakhriddin
Tillaev does not want to talk about his treatment. He fears that his situation
could worsen. Tillaev looks exhausted.
The Association for Human Rights in Central Asia, on the basis of the
case materials, concluded: charges of "Human Trafficking" against
human rights activist Fakhriddin Tillaev are fabricated and the administrative
case was used as a way to prevent his departure from Uzbekistan to facilitate
the fabrication of the criminal charges. This type of practice against civil
society activists in Uzbekistan is particularly prevalent in the last eight
months.
