Torture victim Alexander Trofimov still facing criminal charges while his torturers remain at large

Six months after Alexander Trofimov, a 29-year-old father of two, was arrested for theft, the credible allegations that police tortured him in detention have still not been effectively investigated and the alleged perpetrators remain at large. International Partnership for Human Rights (IPHR) and Association for Human Rights in Central Asia (AHRCA) call on the authorities of Uzbekistan to promptly open an effective investigation into the allegations of torture, bring the perpetrators to justice and present credible evidence to substantiate the allegation of theft or promptly close the criminal case against Trofimov.

“President Mirziyoyev has repeatedly stated that putting a stop to torture is a priority for his government: this case provides the Uzbekistani government with the ideal opportunity to demonstrate that it is serious about this”, said Brigitte Dufour, Director of IPHR. 

On 6 May 2021, Alexander Trofimov was arrested on suspicion of stealing money (Article 169 of the Criminal Code) from a safe belonging to а company in Tashkent. He is believed to have been tortured and ill-treated by police on 6 and 7 May 2021 while being detained at Chilanzar District Police Department (ROVD – Russian acronym) in the capital city of Tashkent without contact with the outside world. Trofimov alleges that four or five police officers kicked him; hit him with truncheons; punched him on the head, body and legs; forced him to do the splits; and took turns to jump on his back while he was handcuffed. Trofimov reportedly begged the officers not to hit him in the head, explaining that he had sustained a skull fracture in 2002. Despite this, RUVD officers reportedly hit him on the site of the injury. Trofimov reported that he subsequently suffered from severe headaches and was unable to sit or move for several days because of severe pain in different parts of his body. 

Two suspects in the same case have confirmed that they witnessed Trofimov being tortured while they were being held at the same detention facility, and that police officers warned they would also be subjected to violence if they did not confess. Police officers reportedly told Trofimov that if he confessed to the theft he would be released, but Trofimov has always maintained his innocence. They also threatened him with violence if he told his lawyer that he had been subjected to abuse. 

Trofimov was only able to meet his lawyer for the first time on 8 May, shortly before the remand hearing. During the hearing the lawyer told the judge that Trofimov had been tortured, showed him photos depicting his injuries, and requested a forensic medical examination. The judge ordered an examination and remanded Trofimov in custody. 

Instead of taking Trofimov to the forensic medical examination shortly after the court hearing, the police officers who were involved in torturing Trofimov reportedly took him to a public health clinic in Chilanzar District. According to Galiya Trofimova, Alexander’s mother, the officers urged the doctors to certify that Trofimov already had bruises on his body when he was arrested. But the doctors refused to provide false evidence. 

The police officers then waited until 10 May – probably in the hope that his injuries would be less visible – before transferring Trofimov to the Main Office of Forensic Medicine of the Ministry of Health for the requested forensic medical examination. Two months later and after several petitions, Galiya Trofimova was able to read the results of the examination at Tashkent City Prosecutor’s Office, but neither she nor the lawyer were able to obtain a copy of the document. According to her, the forensic medical experts only recorded visible injuries – bruises – from torture. They failed to carry out CT or MRI scans to establish whether he had sustained internal injuries. “Police put pressure on the medical forensic experts to ensure that they would not conduct an effective examination fearing that thorough diagnostics would have revealed more than the external bruising”, said Nadejda Atayeva, president of AHRCA. 

After the forensic medical examination police officers again took Trofimov to the public health clinic in Chilanzar District, where doctors conducted an examination and recorded evidence similar to that of the forensic medical doctors. 

On 11 May, Trofimov was taken to the investigation-isolation facility no. 1 in Tashkent (commonly referred to as “Tashtyurma”, Russian for Tashkent prison). There doctors conducted another medical examination, which is a common procedure for new arrivals at the facility. In a letter dated 5 July 2021, the Head of the Prosecutor’s Office of Chilanzar District informed Trofimov’s lawyer that the medical personnel had recorded a large bruise on his left thigh and smaller bruises on his right thigh and his shoulders. They diagnosed that he had a head injury and suffered convulsions, but they did not explain how they came to this conclusion without conducting CT or MRI scans. 

As soon as Galiya Trofimova learnt that her son had been tortured, she sent several complaints to the authorities requesting an investigation, including to the Prosecutor General, the Prosecutor of Chilanzar District and the Ombudsperson for Human Rights of Uzbekistan. 

On 7 June 2021, the Prosecutor General’s Office informed her that it had taken the case “under control”, but it did not open a criminal case. Trofimov’s lawyer has repeatedly urged the Prosecutor General’s Office to open a criminal case into torture or other cruel, inhumane or degrading treatment or punishment under Article 235 of the Criminal Code, but has not received a reply. In the meantime, Tashkent Prosecutor’s Office has been tasked with conducting a preliminary investigation into the allegations, which was later handed down to the Prosecutor’s Office of Chilanzar District and has not produced any results. 

On 12 August 2021, Alexander Trofimov was conditionally released. Shortly afterwards independent medical doctors took an x-ray of his ribs and found a recent fracture. 3 On 21 November Trofimov and his lawyer met with the investigator of the criminal case against Trofimov for the first time in seven months. They learnt that the charge of “theft” was dropped, and that he had instead been charged with “obtaining or selling stolen property” (Article 171 of the Criminal Code) and “failure to report a crime” (Article 241). 

Galiya Trofimova stated: “My son Alexander denies any involvement in the theft and I am convinced he has nothing to do with it. There’s no evidence to suggest that he knew anything about it.”

Recommendations to the Uzbekistani authorities: 

• Promptly open a criminal case and instigate an effective examination into credible allegations that Alexander Trofimov was tortured and ill-treated after his arrest in May 2021 and that police attempted to fabricate false evidence to escape prosecution, and bring anyone reasonably suspected of being responsible to justice. 

• Ensure that a second forensic medical examination is conducted thoroughly and impartially.

• Present sufficient evidence of Trofimov’s participation in the crimes of which he is accused, or swiftly drop all charges against him. 

• Establish an independent and effective mechanism to receive and investigate allegations of torture and ill-treatment, in line with recommendation 25(b) issued to Uzbekistan by United Nations Human Rights Committee in its March 2020 concluding observations.

NGOs urge the EU to insist on more space for criticism in Central Asia, document key trends ahead of meeting

At the beginning of next week, the European Union (EU) will hold a high-level meeting with the Central Asian governments in Dushanbe, the capital of Tajikistan. A coalition of five NGOs urge the EU to use this meeting to insist on concrete measures to address the unrelenting persecution of government critics; the reprehensible practice of politically-motivated prosecution and imprisonment; wide-ranging restrictions on access to information and free speech; and the repressive civil society environment in Central Asia.

The annual EU-Central Asia Ministerial Meeting is scheduled to take place in Dushanbe on 22 November 2021 with the participation of the EU’s High Representative for Foreign Affairs and Security Policy, Joseph Borrell and the foreign ministers of the Central Asian countries. At the meeting, the EU and the Central Asian governments will discuss different areas of cooperation, including cooperation on promoting human rights, the rule of law and democratic governance.

  

Ahead of the meeting, International Partnership for Human Rights, Kazakhstan International Bureau for Human Rights and Rule of Law, the Legal Prosperity Foundation, Turkmen Initiative for Human Rights and the Association for Human Rights in Central Asia have prepared a briefing paper documenting current key human rights concerns in the five Central Asian countries, which they urge the EU to raise with its Central Asian partners.

  

The joint NGO briefing paper documents how the Central Asian authorities continue to impose excessive restrictions on fundamental freedoms and implement harsh measures to prevent scrutiny and criticism of state policies as they battle with the fallout of the Covid-19 pandemic, economic and social challenges, and renewed security concerns arising from the recent developments in Afghanistan. Major, alarming trends covered in the paper include:

  

Persecution of government critics: Across the region, government critics are subjected to intimidation and harassment ranging from orchestrated online attacks, anonymous threats and surveillance to being summoned, prosecuted and convicted on trumped-up charges.

   

As Kyrgyzstan has taken an increasingly authoritarian turn following last year’s political crisis and President Sadyr Japarov’s rise to power, outspoken activists, journalists and lawyers have faced increased threats and harassment. Those targeted particularly include critics of the new controversial constitution, which significantly increased the president’s powers without providing for adequate checks and balances and reduced the role of parliament, due to be elected this month, more than a year after the cancellation of the results of the previous elections.

  

Despite President Shavkat Mirziyoyev’s pledges to promote democratic reform, the October 2021 presidential elections in Uzbekistan featured no genuine competition. Prior to the elections, opposition parties were denied registration and opposition members, bloggers and other government critics faced renewed pressure and harassment. This worrisome development continues after the elections, in which Mirziyoyev, as expected, was re-elected for a second term.

                

Under President Kassym-Jomart Tokayev, who came to power in 2019, the authorities in Kazakhstan continue to suppress political opposition and crack down on government critics. The authorities have particularly stepped up their campaign against people accused of participating in or supporting opposition movements banned as purportedly ‘’extremist’’, holding them to account for peaceful actions of expression and protest.

   

The authorities of Turkmenistan have targeted dissidents both at home and abroad as part of a widening crackdown unleashed in response to growing expressions of discontent on social media and during protests held by diaspora communities. Any citizen who openly criticises the situation in the closed country, ruled by President Gurbanguly Berdymukhamedov, risks repercussions, as do their relatives.

   

Under the entrenched authoritarian rule of President Emomali Rahmon in Tajikistan, persecution of members of the political opposition is ongoing. Independent journalists, and lawyers continue to be targeted by intimidation and reprisals for their work on politically sensitive issues and cases.

  

Pattern of politically motivated persecution and imprisonment: The ongoing pattern of politically motivated prosecution and imprisonment of activists, journalists and lawyers following unfair trials is of serious concern across the region.

   

In Kazakhstan, a prominent victim of this practice, poet-dissident Aron Atabek was released in October 2021 after spending more than 15 years in prison. His harsh prison experience has taken a heavy toll, leaving him seriously debilitated, and shortly after his release he was hospitalised in intensive care due to Covid-19 related pneumonia. He remains in a critical condition.

   

The authorities of Kyrgyzstan have to date failed to ensure an impartial and effective investigation into last year’s death in prison of human rights defender Azimjan Askarov, and no one has been held accountable for this tragic outcome. Askarov died due to Covid-19 related pneumonia after unjustly spending ten years behind bars. The authorities recently reopened the investigation into his death, but serious concerns about its nature remain.

   

In Tajikistan, lawyer Buzurgmehr Yorov continues to serve a lengthy prison sentence, which was handed down to him in closed and unfair proceedings after he defended high-ranking opposition members in 2015. His co-defendant, lawyer Nuriddin Mahkamov also remains in prison on charges considered politically motivated.

  

In Turkmenistan, journalist Nurgeldy Khalykov was imprisoned last year in retaliation for his cooperation with a Turkmenistan-covering organisation based in exile, while doctor Khursanai Ismatullaeva was prosecuted this summer after seeking help from exile-based human rights groups in her struggle to obtain justice for her unfair dismissal from a medical clinic. The authorities have also sought the return of activists based abroad, putting them at a serious risk of prosecution and imprisonment on trumped-up charges and other rights violations if returned.

  

In Uzbekistan, blogger Miraziz Bazarov is facing trumped-up criminal charges after criticising the lack of transparency in the government’s use of Covid-19 related loans and the double standards amongst officials in relation to LGBTI people. Another blogger, Otabek Sattoriy was imprisoned earlier this year on charges believed to have been fabricated to punish him for speaking out on corruption among local officials.

  

The individuals mentioned above are only a few of those who have been prosecuted and imprisoned on politically motivated charges in the region; there are many other victims of this practice, too.

             

Withholding information of public interest and restricting free speech: The Central Asian authorities continue to prevent access to information on issues of public importance, including public health issues in the context of the global Covid-19 pandemic. This problem has been particularly prevalent in Turkmenistan, whose government has consistently denied and covered up the national Covid-19 outbreak throughout the pandemic. The Tajikistani government has also failed to adopt a transparent approach about the pandemic, claiming victory over it earlier this year and denying the occurrence of new Covid-19 cases for months before being forced to admit that there was a new wave.

The pattern of muzzling independent media continues and the Central Asian authorities use various tactics to obstruct the dissemination and exchange of information critical of those in power on online platforms. The authorities have blocked access to independent news sites, social media and other internet resources and initiated other measures restricting the operation of online resources, using arguments such as national security concerns, personal data considerations, and the protection of children.

 

The Central Asian authorities have also misused the fight against ‘’disinformation” to restrict legitimate free speech on and offline. In Kazakhstan, a pre-existing criminal code provision on “knowingly disseminating false information” has been used to stifle criticism, along with other overly broad criminal charges. In Kyrgyzstan, Tajikistan and Uzbekistan, new vaguely worded legislation banning the dissemination of “false’’ information has been enacted with negative implications especially in relation to online discussions. The Turkmenistani authorities consider any information challenging the government narrative “false” and seek to prevent access to such information through internet censorship and intimidation.

  

Repressive civil society environment: The operating environment for civil society organisations remains highly challenging across the region. Excessive state oversight of NGOs is an ongoing problem, and it is of particular concern that legislation setting out financial reporting obligations might be implemented in a way that restricts the legitimate activities of NGOs. For example, ahead of the January 2021 parliamentary elections, leading human rights NGOs in Kazakhstan were threatened with suspension because of alleged minor, technical mistakes made when reporting about foreign grants. The recent adoption of legislation introducing a new financial reporting scheme for NGOs in Kyrgyzstan has prompted concerns that a similar scenario might occur there. The Tajikistani authorities have arbitrarily applied tax legislation to harass independent civil society organisations, requiring them to pay income tax on foreign grants, although this is not provided for by law.

  

Contrary to its commitment to improve the operating space for civil society, the Uzbekistani government continues to deny compulsory state registration to newly established, independent NGOs on technical and unsubstantiated grounds. For example, the NGO Human Rights House was denied registration for the eighth time in August 2021, and the following month a local court refused to review the group’s complaint against the government’s refusal to register it. No independent human rights NGOs are able to operate inside Turkmenistan, and the clandestine contributors of exile-based NGOs work at great risk. Exile-based groups have also been subjected to pressure, including inference with their website operations and social media content takedowns due to government abuse of mechanisms for reporting copyright violations.

  

Across the region, human rights NGOs face widespread mistrust, with arguments about defending national security and so-called traditional values being used by decisionmakers, aggressively-minded activists and online trolls to stigmatise, discredit and intimidate groups advocating for the rights of women, LGBT and other vulnerable groups.

  

More information about these and other current trends in the five countries of the region can be found by downloading the full paper, entitled No space for criticism: Excessive restrictions on fundamental rights in Central Asia.

Uzbekistan: Harassment and intimidation of opposition activists

Association for Human Rights in Central Asia (AHRCA) and International Partnership for Human Rights (IPHR) are concerned that authorities of Uzbekistan harassed and intimidated Khidirnazar Allakulov (Truth and Progress party / Haqiqat va Taraqqiyot), Mahmud Davronov (Free Motherland party / Ozod Vatan) and Jahongir Otajonov (Erk) and other outspoken opposition activists in the run-up of Presidential elections in October 2021 and that many continue to be at risk and under surveillance. AHRCA and IPHR call on the authorities to stop harassing and intimidating these and other political opposition activists and their families and to allow opposition political parties to register.

        

According to official information, incumbent President Shavkat Mirziyoyev won the presidential elections held in Uzbekistan on 24 October 2021 by more than 80 percent of the vote. As highlighted by international observers, the elections were characterised by the lack of meaningful competition. While only officially registered political parties are allowed to put forward presidential candidates, no genuine opposition parties have succeeded in obtaining registration in the country and therefore were not able to nominate candidates for the elections.

      

International election observers deployed by the Organization for Security and Co-operation in Europe’s (OSCE) Office for Democratic Institutions and Human Rights noted in their preliminary findings issued on 25 October that the “lack of genuine competition, combined with the burdensome requirements for party registration, challenge the pluralistic nature of the political environment in which the election is taking place.” They also observed “a virtual absence of critical reporting about higher public officials and candidates […]. The overall restrictive legal framework for media, cases of pre-trial detention, intimidation and harassment of journalists and bloggers and an established practice of blocking websites contributed to self-censorship and further limited the amount of information and analysis available to the public.”

    

In its concluding observations issued in April 2020 the United Nations Human Rights Committee raised concerns about discrepancies between domestic legislation and Uzbekistan’s obligations as a party to the International Covenant on Civil and Political Rights and called on Uzbekistan to foster “a culture of political pluralism and (refrain) from arbitrarily denying registration to opposition political parties and preventing their participation in elections.”

  

Khidirnazar Allakulov, leader of the opposition party Truth and Progress, harassed and under close surveillance

 

Khidirnazar Allakulov, a former university director in the southern Surkhandarya region and chair of the opposition party Truth and Progress, publicly announced his intention to stand in the presidential elections in autumn 2020. He subsequently reported facing internet trolling, surveillance and other intimidation, including being detained for questioning and physically attacked by unknown perpetrators.

     

In the days before the elections Allakulov’s telephone was cut off, and he reports seeing a device outside his apartment building that he believes jammed telephone and internet connections. There are also allegations that several administrative and civil cases were opened against him, his daughter and his son with the intention to put a stop to his political activism.

    

Allakulov told a journalist from the news outlet Nastoyaschie Vremya on 24 October 2021 that he had been forced to suspend his political activities following pressure against him, his children and grandchildren. More recently, he announced his intention to try again to set up a political party named Equality, Progress and Unity (Haqiqat, Taraqqiyot ba birdamliq).

   

The Ministry of Justice denied registration to the Truth and Progress party because of its alleged failure to gather the number of signatures required by law. However, many of its supporters reported withdrawing their signatures after being threatened with reprisals by state bodies and representatives of makhalla (neighbourhood) committees.

  

Mahmud Davronov, activist of the opposition group Free Motherland, harassed and intimidated

 

Mahmud Davronov, co-chair of the newly founded opposition party Free Motherland and former deputy chair of the opposition Truth and Progress party, has reportedly been subjected to intimidation, surveillance and temporary detention aimed at discouraging him from continuing his political activities.

  

On 26 May 2021, for example, Davronov was detained three times in one day by traffic police and police officials attempted to seize his car, claiming that he had not paid fines, although he maintains that he paid them as soon as they were issued. On 5 June, he was removed from a bus as he travelled to attend a meeting of the Truth and Progress party and held for three hours by police who made veiled threats that he and his relatives would suffer if he continued with his political activism.

      

As the elections approached and Davronov continued his political work, pressure against him intensified. On 9 October Davronov and political activist and blogger Alexei Garshin, met with OSCE representatives to discuss the upcoming elections. On 16 October Davronov gave an interview to Radio Ozodlik, the Uzbekistani branch of Radio Free Europe/Radio Liberty, and criticised people in Uzbekistan being deprived of the right to vote in free and fair elections.

   

On 22 October a film crew from the German media outlet Deutsche Welle visited Davronov.

      

Davronov faced multiple repercussions for his activism: a few days before the presidential elections, he learned that he had been banned from leaving the country because of alleged utility debts – in early November 2021 this ban was lifted, but he erroneously remained on the government’s list of people failing to pay their gas and water bills.

 

On 19 October, the head of the Samarkand Gas department (OlbGaz) visited Davronov’s house and told his wife, Zebo Khalilova, who owns the house, that she owed 2,490,000 Uzbek sums (equivalent to approx. 245 EUR) for alleged arrears in payments. Davronov and Khalilova disputed this but Khalilova nevertheless paid the fine, and noticed her husband’s name on the fine, instead of her own. It is believed that this fine from the gas company was an attempt to list Davronov as a debtor, and thus thwart his political aspirations.

  

Also on 19 October, a representative from the Water Services of the city of Samarkand (Gorvodokanal) issued Davronov with another fine for 2,940,000 soums (equivalent to approx. 250 EUR), despite the fact that his name is not on the water bills. Davronov’s wife spoke to the water company who withdrew the fine after admitting there was no outstanding debt. A representative of the water services company admitted that he had signed a pre-prepared form filled in by persons he did not know, but whom he could not refuse.

  

On 20 October, Davronov discovered that his name had been added to the list of debtors on the state database “Portal of interactive public services”, and that he was banned from leaving Uzbekistan.

  

On 21 October, Davronov received a call from a Radio Ozodlik journalist. Davronov told him about the recent harassment and then they agreed on a time later that day for a live interview. Davronov believes that security services were listening in on this conversation because 15 minutes before the interview was supposed to start his phone, internet and electricity were switched off.

   

On 22 October Davronov received two letters from the Administrative Court demanding payment for court fees amounting to 540 000 soms (equivalent to approx. 44 EUR) in relation to the alleged gas and water debts.

   

On 2 November, the database of the Prosecutor General’s Office showed that Davronov has been removed from the list of persons banned from leaving Uzbekistan, but he erroneously remains on the list of debtors who allegedly did not pay their gas and water bills.

   

Jahongir Otojanov, member of the opposition party Erk, prevented from travelling abroad

 

Erk activist Jahongir Otajonov has faced harassment and intimidation by state and non-state actors to dissuade him from engaging in political opposition activities.

  

For example, on 26 May 2021, the day when the longstanding opposition party Erk announced that Jahongir Otajonov, a well-known singer, should run as their presidential candidate, a group of unknown local people broke into his house, shouted insults at him and pelted his house with eggs.

   

Otajonov was summoned to the Ministry of Internal Affairs at least three times in June and July 2021.

   

Reportedly, officials urged him to stop his political activities and threatened him with reprisals against members of his family unless he complied. He subsequently reduced his activities, but continues to be a member of the Erk party.

   

Nevertheless, Jahongir Otajonov reported renewed intimidation: he was barred from leaving the country on 17 October because of the alleged failure to pay child support, an accusation he said was false.