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| Agzam Turgunov, 2017 |
In this period, the Uzbekistani government remained concerned about
improving its reputation in the eyes of the international community. However,
the extent to which the recent reforms announced by President Mirziyoyev and
his government will improve the overall human rights situation cannot yet be
assessed. Thus far, many of the positive initiatives announced in recent months
appear to be more in word than in actions.
Opening of the OSCE Central Asia Media Conference in Tashkent. More than 130 participants #CAMC17 pic.twitter.com/JDkxAKY5x3
— OSCE media freedom (@OSCE_RFoM) October 18, 2017
Expression and Association
Some signs of positive transformation
In 2017, some steps were taken towards increased press freedom in
Uzbekistan, as previously reported on the Monitor. On 19th October, the OSCE's
19th Central Asia Media Conference took place in Tashkent. Noted improvements included some
national television coverage of state assemblies showing discussions on
problems and issues that were previously taboo. In addition, President Shavkat
Mirziyoyev has more often publicly criticised the work of high-ranking
officials and state institutions and some, but not all, critics of the
government seem able to speak out without fear of retribution.
The state's granting of permission for the independent festival
VIDEOART.UZ to take place after a four-year lull was viewed as a further
sign of opening space in Uzbekistan. On 19th November 2017, Tashkent hosted the
28th independent video art festival, entitled "Trofimov Readings", which
featured the works of Dmitry and Angela Trofimov, formerly citizens of
Uzbekistan who now live in Russia. The festival was held under the slogan
"New old black and white cinema". Although all seven films presented
at the festival are old, filmed by the Trofimovs in and around Tashkent from
1990 to 1993, for the majority of people in Tashkent and even for sophisticated
art critics, they are new as most people have not seen them before. The
festival was organised by the founder of the independent "Center for
Defamation and Insult", Oleg Karpov.
And Azam Farmonov too! Released after too, too long in prison in #Uzbekistan. https://t.co/YWDYG4OM7G
— Mihra Rittmann (@MihraRittmann) October 4, 2017
Long overdue releases of four human rights defenders
and journalists
In a positive development leading up to an the OSCE's 19th Central
Asia Media Conference, four journalists and human rights defenders were
released from detention.
Human rights defender Azam Farmonov was
conditionally released from prison on 3rd October after spending 11
years in prison on extortion charges of which he was convicted in an unfair
trial in 2006. The charges against him were widely believed to be
politically-motivated in retaliation for his work defending the rights of
farmers and persons with disabilities. In 2015, Farmonov’s original prison
sentence was arbitrarily extended in a closed trial for another five years for
alleged infringement of prison rules. The rules of conditional release mean
that although Farmonov is in poor health, he has to pay 20 percent of his
salary to the state. He is forced to work, since he has not yet been able to
access the necessary medical treatment for health issues he developed when in
prison.
Solidzhon Abdurakhmanov, independent journalist and human rights activist with the Committee for
the Protection of Citizens’ Rights, was released from prison on 4th October. He
was sentenced in 2008 to ten years in prison on fabricated charges of drug
possession after an unfair trial.
Human rights activist Ganikhon Mamatkhonov, 66, convicted to 5 years (extended later) in 2009 was freed today in Uzbekistan. Photo #Ezgulik pic.twitter.com/9SHXp0yGGu— Navbahor Imamova (@Navbahor) October 16, 2017
On 9th October, Azam Turgunov, head of the
"Mazlum" human rights organisation was released after ten years in
prison. He was sentenced in 2008 on allegedly fabricated charges of extortion
in an unfair trial and suffered torture while in detention.
On 16th October, human rights activist Ganikhon Mamatkhonov was
also released from detention. He was sentenced to five years in prison in 2009 on
politically-motivated charges and his sentence was later arbitrarily extended
for alleged violations of prison rules.
In addition, working groups from the Special Commission for the preparation
of materials on pardoning convicted persons serving sentences in penal
institutions, established by President Mirziyoyev in September 2017, reviewed prisoners’
case files and conducted interviews with convicted persons. As a result,
Mirziyoyev signed a decree pardoning
2,700 convicts, and 956 people were released from prison colonies. Amnesties and pardons can be in the form of a full or partial exemption from punishment, or
conditional early release.
In #Uzbeklistan, human rights activist Azam Turgunov speaks to @ozodlik after his release, (In Uzbek) https://t.co/Hgg2xK2XXD pic.twitter.com/txhlclT6nL
— Majlis Podcast (@Majlis_Podcast) October 10, 2017
ACHR and IPHR report that on 30th November 2017, President Mirziyoyev
signed a decree prohibiting the courts' use of evidence obtained through
torture, and forbade legal decisions on the basis of any evidence that was not
confirmed during the trial. The degree stipulated that the prosecutor in charge
of the criminal case should check whether physical or psychological pressure
had been used on defendants or their relatives. If implemented in practice,
these measures should prevent some of the serious miscarriages of justice which
have frequently occurred in the past in Uzbekistan, as critics of the
authorities have been tortured to force confessions for crimes they did
not commit. The decree will come into force in March 2018.
28 NGOs call on the authorities of #Uzbekistan to immediately release Bobomurad Abdullayev #OSCE #CAMC17 https://t.co/IysBy33YwU pic.twitter.com/33kgnb1cRI
— CivicSolidarity (@CivicSolidarity) October 2, 2017
New arrests, however, cloud the picture
The detention of independent freelance journalist Bobomurad
Abdullayev by National Security Service (SNB) officials on 27th
September 2017 in Tashkent indicates that independent journalists are still at
risk of reprisal. Abdullayev previously headed the organisation OZOD OVOZ (Free
Voice) and was a correspondent for the Institute for War and Peace Reporting
and Fergana.ru, which is blocked in Uzbekistan. After his arrest, he was held
incommunicado in detention for two days at an SNB pre-trial detention centre in
Tashkent and on 1st October, was reportedly charged with anti-constitutional
activities (article 159 of the Criminal Code) during a closed hearing at
Yunusobad District Court in Tashkent. If found guilty, he could face up to 20
years in prison. The security services have accused him of working together
with the exiled political opposition leader, Muhammad Salih, and of calling for
the overthrow of the government under the pseudonym Usman Khaknazar. His
colleagues are convinced that the charges are politically motivated.
On 14th December 2017, he was allowed to see his
defence lawyer for half an hour and for the first time since he was
arrested. A SNB investigator was present during the meeting. There are serious concerns that he may be currently (or has
been) subjected to torture and ill-treatment at the SNB pre-trial
detention centre which is notorious for human rights violations against
prisoners.
Since Abdullayev’s arrest, other government critics have also been
implicated in the criminal case, including 27-year-old Akrom Malikov,
employee of the Institute of Manuscripts of the Academy of Sciences who was
detained by the National Security Service in July in connection with critical
articles published online. In addition, Shavkatjon Olloerov, who
owns a restaurant frequented by high-ranking officials, and businessman Ravshanbek
Salaev were both detained on the day after Abdullayev's arrest. On
20th October, the well-known economist, blogger, journalist and civic
activist Hayot Nasreddinov was also arrested. His relatives have not yet been informed of the grounds for the
arrest, and there are fears that they have been put under pressure not to talk
to journalists. He is currently being held in a SNB pre-trial detention centre
in Tashkent. There are serious concerns that he may have been subjected to
torture or ill-treatment at the centre.
In August 2017, President Mirziyoyev announced that thousands of people had
been taken off a “blacklist” for entering and exiting the country and
called on those blacklisted and living abroad to return to Uzbekistan.
However, when writer Nurullo Otahonov (pen name Nurulloh
Muhammad Raufhon) returned to Tashkent on 27th September 2017 from voluntary
exile he was detained at the airport. He was released on 1st October
but is under house arrest and faces charges of extremism for his book, Bu Kunlar (These
Days), which criticises the Uzbekistani authorities' actions since
independence. The book was banned in Uzbekistan.
Detained #Uzbek Writer Nurullo Otahonov Released From Jail https://t.co/kQfuuxgZjW Charges still not dropped #Uzbekistan #CentralAsia
— Eurasia Update (@eurasia_update) October 2, 2017
And still others remain behind bars …
Despite the releases in recent months reported above, many journalists,
human rights defenders and activists remain behind bars in conditions
severely detrimental to their health.
IPHR and its partners report that at least 14 government critics, human
rights defenders, journalists and political opponents remain in prison, after
being sentenced to lengthy sentences following unfair trials, including:
- human rights defenders - Mekriniso Khamadova, Zulkumor Khamadova, Gaybullo Dhalilov, Chuan Matmakulov, Zafarjon Rakhimov, Yuldash Rasulov, Isroil Kholdorov, Fakhriddin Tillaev, Dilmurod Saidov;
- independent journalists - Aziz Yusupov, Gairat Mikliboev, Yusuf Ruzimuradov and Bobomurad Abdullayev; and
- Dilorom Abdukodirova - a witness to the Andijan tragedy in 2005.
Although some sources report that employees of the academic journal Irmok, namely Botirbek
Eshkusiyev, Bahrom Ibragimov, Davron Kabilov, Davron Todzhiev and Ravshanbek
Vafoev were released in 2015 and 2016, information about their release
has not been confirmed as human rights defenders and diplomats have not yet
been able to meet with them. Similarly, human rights defender and lawyer Matluba
Kamilova is reported to have been released in 2015 but independent
journalists and human rights activists have not managed to meet her and so
there are fears that she may still be in prison.
At the Central Asia Media Conference in Tashkent, OSCE representative on
Freedom of the Media Harlem Desire called “for the release of Dilmurod Saiid, Yusuf
Ruzimurodov, Bobomurad Abdullaev and all other journalists still
imprisoned”.
In December, human rights defender and former prisoner Azam Turgunov told
AHRCA that:
“For about two years I was held with the
journalist and human rights defender Dilmurad Saidov in prison colony 64/49. I
saw him after he had been treated for tuberculosis. He was very sick, and
suffers from acute stress and anxiety due to the deaths of his wife and
daughter. [They died in a car accident while on the way to see him some years
ago]. He needs urgent medical treatment. I ask
everyone not to ignore his case but to do everything possible to secure his
release from detention”.
IPHR and AHRCA have called on the Uzbekistani authorities to immediately
and unconditionally release these and all others who have been imprisoned on
politically-motivated grounds in order to demonstrate their serious commitment
to the protection of fundamental rights as set out in the constitution.
Was so heartened today in #Tashkent to finally meet #Uzbekistan #humanrights defender #AkzamTurgunov, freed last month after 8 years of prison and torture. Turgunov's spirit was never broken & he's ready to begin the next chapter of his public service. He needs our support. pic.twitter.com/mlem7BquKU
— Steve Swerdlow (@steveswerdlow) November 16, 2017
And still challenges remain…
Despite some of the positive developments cited above, challenges remain
concerning freedom of expression and the media. Laws governing freedom of
expression and the media continue to severely restrict independent journalism.
State control of access to the internet and to proxy servers used to avoid
censorship remains tight, with public access to independent news websites and
social media periodically restricted. Media outlets in Uzbekistan operate under
close state supervision and independent journalists risk reprisals for their
professional activities.
State intolerance of open public debate persists, particularly on human
rights issues. Risks and threats to the safety of civil society activists
continue, and members of the general public are generally afraid to speak out
about political issues and share their opinions.
“Planned” detentions of citizens on Tashkent streets
by police
Detentions of citizens without identity documents have increased in recent months. At a 2nd
November press conference, the first deputy commander of the Patrol Guards
brigade under the Main Department of Internal Affairs of Tashkent stated that
"law enforcement officers have recently been carrying out preventive work,
aimed at preventing crime. Such activities involve checks on people who are
likely to carry out crimes, those who cause suspicion and those who are
wandering about aimlessly”.
These “planned” detentions are taking place on the basis of the new law
which came into force on 17th March this year and which provides for regularly "scheduled" police detentions of any
citizen in any place. As a rule, detainees are immediately taken to the local
police station and held for several hours until checks have been carried out.
Such identity checks and short term detentions affect critics of the
authorities in particular. For example:
On 7th November, artist Aleksandr Barkovski was detained for a few hours and questioned for an hour at the police department
at Bukhara train station after taking photographs of a public toilet.
Independent journalist Sid Yanishev was detained twice in
November and December. On 12th December 2017, he was detained for 14 hours in
the Tashkent village of Almazar and was taken to police station No. 61. He
was questioned by police officers who confiscated his camera
and dictaphone. He was subsequently transferred to the regional department of
Shaikhantursky district of Tashkent, where his fingerprints were taken. In
order to be released from detention, Yanishev had to agree to “voluntarily” delete all
information from his camera and dictaphone.
Murad Djuraev has passed away but will live forever in our hearts https://t.co/PYYTjbY3Smpic.twitter.com/Wbu5ZIbwqG
— AHRCA (@ahrca) December 4, 2017
A tragic end for former political prisoner, Murad
Djurayev
On 7th October 2017, former Member of Parliament Murad Djurayev, who spent
21 years in prison on politically-motivated charges, was granted permission to
leave the country for urgent medical treatment. Tragically, however, Djuraev
died suddenly on 4th December 2017, before he had a chance to leave Uzbekistan.
He was 65 years old. Before his passing, Djuraev spoke about his detention:
“Despite all the years I spent
behind bars, when I suffered betrayal, separation from my family, hunger,
torture, and when I lost the will to fight … solidarity proved to be stronger
than all the obstacles and trials. As long as there is a human rights movement,
there is a chance of saving those who share the idea of living in a just society”.
Travel bans on former political prisoners and critics
of the regime
Other former prisoners have not been given permission to leave the country,
including former newspaper editor, Muhammad Bekjanov, who was
released in February 2017 after spending 17 years in prison on
politically-motivated charges and who remains under police supervision. Also,
human rights defender and writer Mamadali Makhmudov was
released from prison in 2014 after serving a 14-year prison sentence handed
down on politically-motivated grounds has not yet been granted an exit visa,
for which he has repeatedly applied since June 2016 and has therefore not been
able to leave the country for medical treatment. Makhmudov has heart, stomach
and kidney problems and needs a pacemaker fitted.
Other individuals not in detention, but who criticise or who are perceived
to criticise the Uzbekistani authorities have also been arbitrarily denied
permission to leave Uzbekistan. For example, the artist Vyacheslav
Akhunov has not obtained permission to travel abroad, despite repeated
appeals since 2012. On 17th December, he confirmed that the Visa and Passport
Office continues to refuse him permission to leave the country. Akhunov learned
from a contact that the refusal is due to his continued criticism of the
political authorities on social media.
17000 sign petition to investigate student Zhasur Ibragimov's murder in unusual display of indignation in Uzbekistan https://t.co/OfCy3rHrsv
— Nations in Transit (@FH_NIT) June 7, 2017
Peaceful Assembly
Uzbekistani law protects the right to participate in meetings and
demonstrations, which can only be prohibited on security grounds. However, in
2016 amendments were adopted to the procedure for coordinating the activities
of NGOs, creating additional obstacles to the freedoms of assembly and
association. The bureaucratic and burdensome requirements governing public
event organising perpetuate a system where the authorities grant permission for
meetings, rather than receive notification of them. Organisers and participants
of protests therefore still risk prosecution for criminal offences.
Developments in the case of Zhasur Ibragimov
As reported earlier this year, Zhasurbek Ibragimov, a
student at the Borovskiy Medical College, died in Tashkent after being beaten
up by unknown assailants.
Civic activists Irina Zaidman and Maria Legler organised an online petition calling on the Uzbekistani authorities to find those responsible for
Zhasurbek’s death and bring them to justice. The petition received
unprecedented public support and was signed by over 20,000 persons. At a rally held in
Duslik Park on 4th June, Deputy Chief of the Tashkent Central Internal Affairs
Directorate Doniyor Tashkhodzhaev assured the participants that this tragic
case would be thoroughly investigated. However, on 15th November 2017, Zaydman was summoned
to the police station, where she was detained. Police officers searched her
house on the same day. The next day she and Legler were found guilty of
organising an unsanctioned meeting and sentenced to ten and 15 days of administrative detention respectively. Neither woman had a lawyer
present at the closed hearing when they were sentenced, which is in violation of the Criminal Procedural Code of Uzbekistan.
On 30th October, the judge of the Mirabad District Criminal Court of
Tashkent, Matchanboy Matchanov, ruled that only
Islombek Tulyaganov was guilty of causing Zhasurbek’s death and he was
sentenced to six years’ imprisonment. The judge found the other defendants
not guilty, causing a public outcry, and Zhasurbek’s mother filed an
appeal. Tashkent Court of Appeals was due to rule on the case on 1st December
but the hearing was postponed. This case illustrates clearly how in Uzbekistan relations and connections
prevail over the rule of law. The lawyers and relatives of Ibragimov are being
subjected to pressure and harassment by law enforcement officials. The parties
to the case are currently appealing the verdict of the court of first instance
and a final decision will be taken by the Supreme Court of Uzbekistan. A
Facebook group entitled "Have questions! Why are there no answers?"
is monitoring developments in this case.
