Since October 2017, 29 civil society
activists have been released from prisons in Uzbekistan (see list below),
giving a clear sign of a move towards liberalization of treatment of those who
are critical of the authorities. However, these releases have not significantly
changed the attitude of the ruling authorities in Uzbekistan towards the free
expression of opinion, especially if criticism of the authorities is involved.
Our analysis shows that those
released activists remain on confidential "black" lists kept by the
intelligence services. Former prisoners are kept under supervision for longer
periods of time than those provided for in the criminal-procedural code. By
law, former prisoners are required to register with the internal affairs each
month for the first year following their release, but in practice some former
prisoners are told to do this for up to three years, during which time the
threat of re-arrest for violating the terms of supervision (parole) regime
remains present.
These restrictions are imposed by
the authorities in the name of crime prevention. However, in practice they
impede former prisoners from moving freely, both within the country and abroad,
even for urgent medical care. On 4 December 2017, former Member of Parliament
Murad Djuraev[1]
died in Uzbekistan. He was released from detention in 2015 after serving 21
years’ but was not given permission to leave Uzbekistan until October 2017, and
did not manage to leave before he died.
The grounds for release from
detention of these activists was either early release or else because they had
served their prison sentences. None benefitted from amnesty.
Over the past decades in Uzbekistan,
there have been no cases of former prisoners imprisoned on politically
motivated grounds being rehabilitated or pardoned. It is therefore too early to
regard the recent releases as a concrete sign of political reform, as the
representatives of the Uzbek government would have the international community
believe.
The articles of the Criminal Code
which are used against civil society activists and which were regularly used
under former President Karimov against dissidents and critics and which are
still in force today include:
– 120
"homosexuality",
– 159
("Violations of the constitutional system of the Republic of
Uzbekistan"),
– 223
("Illegal departure abroad or illegal entry into the Republic of
Uzbekistan").
– 244-1
("Making or distributing materials containing a threat to public safety
and public order").
– 244-2
("Creation, leadership, participation in religious extremist, separatist,
fundamentalist or other prohibited organizations").
– 221
("Disobedience of the lawful requirements of the administration of the
institution for the execution of punishment"). This article is very often
applied to prisoners serving politically motivated sentences with the aim of
extending their term of imprisonment. The charges of violation of prison rules
are often obtained from other prisoners in exchange for a reduction of their
prison terms. According to our information few charges have been brought under
this article since August 2017.
Four people were convicted last year:
– Akram Malikov, political critic, author of
publications under the name "Abdulloh Nusrat") – convicted of
“attempt on the constitutional order of Uzbekistan” Article 159 of criminal
code and sentenced to six years imprisonment;
– Rustam Abdumanopov, - political critic convicted
of “attempt on the constitutional order of Uzbekistan” Article 159 of criminal
code and sentenced to six years imprisonment;
– Musazon Babadzhanov, serving a conditional
sentence (Human Rights Society of Uzbekistan "Ezgulik");
Currently,
independent journalists and correspondents of the "Fergananews" news
agency, Bobomurod Abdullayev and Khayotkhon Nasreddinov, are standing trial on what
may believe to be politically motivated charges. Bobomurod Abdullyaev and
Khayotkhon Nasreddinov both told the court in March 2018 that they were forced to
confess under duress and torture.
In order to
achieve lasting reform on the political sphere, it is imperative that President
Mirziyoyev’s government undertakes the following steps:
1) Rehabilitate
civil society activists, independent journalists and political activists who
have been released from detention and those who are currently serving prison
sentences in retribution for their peaceful professional activities;
2) Ensure that
those who are released from detention are allowed freedom of movement in order
to seek necessary medical attention abroad;
3) Review the
cases of civil society activists, independent journalists and those who were
imprisoned on politically-motivated grounds in retribution for their peaceful
activities and, should it be found that they were wrongfully arrested ensure
that they receive adequate monetary compensation for moral and physical harm;
4) Establish a
commission to determine the personal responsibility of state representatives who
issued prison sentences for politically motivated reasons, as well as those
involved in torture and other forms of cruel and inhumane treatment;
5) To bring all
officials involved in the practice of torture to justice in fair, transparent
proceedings.
6) To establish
a truth and justice body including international experts to investigate past
human rights violations and ensure that those found guilty are brought to
justice in fair and transparent proceedings.
Civil society activists and journalists who remain in
detention include:
1. Fakhriddin Tillayev (Human Rights Center "Mazlum");
2. Rukhddin Fakhriddinov, (Theologian);
3. Dilorom Abdukodirova, (Witness of the Andijan tragedy, 2005);
4. Aziz Yusufov, (Independent journalist);
5. Akrom Malikov, (Critic, author of publications under the name "Abdulloh Nusrat");
6. Rustam Abdumanopov, (Political scientist);
7. Bobromud Abdullaev (Correspondent of the Fergananews News Agency);
8. Hayotkhon Nasreddinov (Correspondent of the Fergananews News Agency);
9. Andrei Kubatin, (Oriental academic, associate professor);
10. Mirsyar Khamidokriyev, (producer)
Released from 2014 to April 2018:
1. Azam Formonov (Human Rights Society of Uzbekistan - HCHU);
2. Mehriniso Hamdamova (Human Rights Society of Uzbekistan - HCHU);
3. Zhulhumor Khamdamova (Human Rights Society of Uzbekistan - HCHU);
4. Isroiljon Kholdarov (Human Rights Society of Uzbekistan "Ezgulik");
5. Nosim Iskhakov (Human Rights Society of Uzbekistan - HCHU);
6. Gaibulo Jalilov, (Human Rights Society of Uzbekistan - HCHU);
7. Matlyuba Kamilova, Human rights activist and lawyer;
8. Ganikhon Mamathanov (Committee for the Protection of the Rights of Persons of Uzbekistan);
9. Chuyan Mamatkulov, (Human Rights Society of Uzbekistan - HCHU);
10. Yuldash Rasulov, (Human Rights Society of Uzbekistan - HCHU);
11. Zafarjon Rakhimov, (Human Rights Society of Uzbekistan - HCHU);
12. Bobomurod Razzakov, (Human Rights Society of Uzbekistan "Ezgulik");
13. Agzam Turgunov, (Human Rights Center "Mazlum");
14. Dilmurod Saidov, (Human Rights Society of Uzbekistan "Ezgulik");
15. Solijon Abdurakhmanov, (Independent journalist);
16. Guarat Mikhliboyev, (Independent journalist);
17. Yusuf Ruzymuradov, (Correspondent of the newspaper "Erk" of the same name of the opposition party "ERK");
18. Muhammad Bekhanov, (Correspondent of the newspaper "Erk" of the same name of the opposition party "ERK");
19. Erkin Musayev, (former UN staff formerly worked in the Foreign Trade Department of the Ministry of Defense, engaged in international cooperation programs with Western governments, including the United States and the EU);
20. Murod Djuraev, (Former Deputy of the Parliament of Uzbekistan);
21. Samandar Kukonov, (Former Deputy of the Parliament of Uzbekistan);
22. Kudratbek Rasulov, (Member of the People's Movement of Uzbekistan (NDU));
23. Rustam Usmanov, (Former Deputy of the Parliament of Uzbekistan);
24. Khayrullo Khamidov, (Journalist, poet and radio broadcaster, widely known for his religious sermons);
25. Bahrom Ibragimov - employee of the academic public magazine "Irmok";
26. Davron Kabilov - employee of academic public magazine "Irmok";
27. Ravshanbek Vafoev - employee of the academic public magazine "Irmok";
28. Botirbek Eshkoziev, - employee of the academic public magazine "Irmok";
29. Davron Todjiev - employee of the academic public magazine "Irmok";
Deaths in detention:
30. Akrom Yuldashev (Religious and spiritual leader known in Andijan and Ferghana Valley);
31. Nouraddin Djumanianozov, (Human Rights Center "Mazlum");
[1] Murad
Djuraev died on 4 December 2017 – he was not given permission to travel abroad
for necessary medical treatment for nearly two years. https://ahrca.eu/uzbekistan/defenders/976-murad-djuraev-has-passed-away-but-will-live-forever-in-our-hearts
[2] On 14th February 2018, the wife of
Uzbekistani academic Andrei Kubatin published an appeal to the Ombudsman for Human Rights on
her Facebook page in which she said that her husband had been convicted of
treason by a military court on 1st December 2017 and sentenced to 11 years’
imprisonment.The prosecution claimed that Kubatin had sold electronic books,
allegedly from the Central State Archive of Uzbekistan and the Institute of
Oriental Studies of the Academy of Sciences, to a foreign citizen (the then
head of TIKA – Turkish Cooperation and Coordination Agency under the Ministries
of Foreign Affairs of Uzbekistan and Turkey – Suleiman
Kiziltoprak) for 1,000 USD. The prosecution claimed that these books could
be used for pan-Turkism propaganda, inciting inter-ethnic and inter-religious
hostility, as well as for obtaining information about the geological wealth of
Uzbekistan. TIKA employee Muzaffar Zhoniyev, who was present at discussions
between the academic and Kiziltoprak, wrote to the SNB. Kubatin alleges that
a number of procedural violations were committed during the trial. For example,
the academic believes that the assessment of the value of the materials
transferred was not objective. On 21st February 2018, Radio Ozodlik reported that well known academics appealed to President Mirziyoyev to review the case
personally.
APPENDIX:
In accordance with paragraph "C" of the Resolution of the European Parliament on Human Rights in Uzbekistan (2014/2904 (RSP))[1], in accordance with Rules 135 (5) and 123 (4) of the Rules of Procedure, a list of 34 prisoners was adopted, including public, political and religious figures, victims of the Andijan tragedy, who were deprived of liberty for politically motivated reasons.
In accordance with paragraph "C" of the Resolution of the European Parliament on Human Rights in Uzbekistan (2014/2904 (RSP))[1], in accordance with Rules 135 (5) and 123 (4) of the Rules of Procedure, a list of 34 prisoners was adopted, including public, political and religious figures, victims of the Andijan tragedy, who were deprived of liberty for politically motivated reasons.
The list included: Fifteen Human Rights Defenders:
1. Azam Formonov, (Human Rights Society of Uzbekistan - HCHU);
2. Mehrinino Hamdamova, (Human Rights Society of Uzbekistan - HCHU);
3. Zhulhumor Khamdamova, (Human Rights Society of Uzbekistan - HCHU);
4. Isroilzhon Hold'orov, (Human Rights Society of Uzbekistan "Ezgulik");
5. Nosim Iskhakov, (Human Rights Society of Uzbekistan - HCHU);
6. Gaibulo Jalilov, (Human Rights Society of Uzbekistan - HCHU);
7. Nuraddin Djumanianozov, (Human Rights Center "Mazlum");
8. Matlyuba Kamilova, Human rights activist and lawyer;
9. Ganikhon Mamatkhanov, (Committee for the Protection of the Rights of Persons of Uzbekistan);
10. Chuyan Mamatkulov, (Human Rights Society of Uzbekistan - HCHU);
11. Zafarjon Rakhimov, (Human Rights Society of Uzbekistan - HCHU);
12. Yuldash Rasulov, (Human Rights Society of Uzbekistan - HCHU);
13. Bobomurod Razzakov, (Human Rights Society of Uzbekistan "Ezgulik");
14. Fakhriddin Tillayev, (Human Rights Center "Mazlum");
15. Agzam Turgunov, (Human Rights Center "Mazlum");
Five journalists:
16. Dilmurod Saidov, (Human Rights Society of Uzbekistan "Ezgulik");
17. Solijon Abdurakhmanov, (Independent journalist);
18. Guitar Mikhliboyev, (Independent journalist);
19. Yusuf Ruzimuradov, (Correspondent of the opposition newspaper "Erk";
20. Muhammad Bekhanov, Former editor of the opposition newspaper "Erk".
Four representatives of the political opposition:
21. Murod Dzhuraev, (Former Deputy of the Parliament of Uzbekistan);
22. Samandar Kukonov, (Former Deputy of the Parliament of Uzbekistan);
23. Kudratbek Rasulov, (Member of the People's Movement of Uzbekistan (NDU));
24. Rustam Usmanov, (Former Deputy of the Parliament of Uzbekistan);
Three religious figures:
25. Rukhiddin Fakhriddinov, (Theologian);
26. Khayrullo Khamidov, (Journalist, poet and radio broadcaster, widely known for his religious sermons).
27. Akram Yuldashev (Religious and spiritual leader known in Andijan and Ferghana Valley);
Seven other government critics and witnesses of the Andijan tragedy:
28. Botirbek Eshkoziev, - employee of the academic public magazine "Irmok";
29. Bahrom Ibragimov - employee of the academic public magazine "Irmok";
30. Davron Kabilov - employee of the
academic public magazine "Irmok";";
31. Davron Tojiev - employee of the academic public magazine "Irmok";
31. Davron Tojiev - employee of the academic public magazine "Irmok";
32. Ravshanbek Vafeev - employee of
the academic public magazine "Irmok";
33. Dilorom Abdukodirova - Witness
of the Andijan Tragedy of 2005;
34. Erkin Musayev, 1967 - UN employee, formerly worked in the Department of Foreign Trade of the Ministry of Defense in the past, engaged in international cooperation programs with Western governments, including the United States and the EU.
34. Erkin Musayev, 1967 - UN employee, formerly worked in the Department of Foreign Trade of the Ministry of Defense in the past, engaged in international cooperation programs with Western governments, including the United States and the EU.
