The European Union has allocated a grant of 3,7 million Euro to an organization controlled by the daughter of Uzbek dictator

Will it not be spent on another party of celebrities?

The European Union has allocated 3.7 million Euro to a charitable organization controlled by Lola Karimova-Tillyaeva, the daughter of the Uzbek dictator. Karimova-Tillaeva is also Uzbekistan’s representative to UNESCO.

On 19 May 2011, in his defense statement in the suit brought by Lola Karimova against  the French online publication "Rue89," lawyer Antoine Germain mentioned a letter sent by the office of Europa House in Uzbekistan to the Republican Center for Social Adaptation of Children (hereinafter – Center), the director of which is the Lola Karimova-Tillyaeva. The letter confirms that the European Union has allocated 3.7 million Euro to the Center, which will be transferred to its accounts in 2011. The letter from Europa House, dated 20 April 2011, was probably intended to attest to the respectability of Madame Karimova to the court in Paris.

At the same court proceedings, the journalist Anaelle Verzaux served as a witness presenting the cost estimates for a charity event organized by Lola Karimova-Tillyaeva in February 2010 at the Versailles Palace. According to these estimates, this organization, run by Lola Karimova, paid 230,000 Euro for the attendance of the well-known actress Monica Bellucci at the party. It was not reported whether the guests to the party gave even one Euro to the fund for Uzbek children. Expenses were incurred only by Lola Karimova-Tillyaeva, but obviously not from her personal pocket.

This raises several questions:

1. First of all, we are concerned that funds allocated by the European Union and other foreign donors may be used for purposes other than their originally stated one, which may include for Lola Karimova’s self-promotion and for promotion of the autocratic regime which she represents.

These concerns are bolstered by the fact that information about the Center’s activities are not posted on the website of the organization itself (as there is no such site), but on the personal site of Lola Karimova-Tillaeva (http://www.lolakarimova.cz).

2. Does the European Union understand the nature and circumstances of the Center, to which it has given a significant amount of funding?

If the European Union believes that the Republican Center for Social Adaptation of Children is a true representative of civil society in Uzbekistan, then they are seriously mistaken.

In Uzbekistan, the majority of non-governmental organizations, created by citizens themselves, including those aiming to help children with disabilities, were shuttered in 2004- 2006 in a campaign to crackdown civil society associations. This was the Uzbek regime’s reaction to the “color revolutions” that were taking place in some CIS countries. Only in August and September 2005, under the threat of criminal investigation, some 200 NGOs were forced to shut down. But even during the time that they were operating, not one civil society organization could even dream of receiving such a generous amount as 3,7 million Euro. Obviously, you have to be close to the presidential family in order to receive such an amount.

In Uzbekistan, in order to establish control over the population, the government itself created NGOs, known as GONGOs, which, unlike genuinely initiative civic associations, registered without a hitch, and are able to operate freely under favorable conditions.

The Republican Center for Social Adaptation of Children was created exactly in such a manner, according to the Decree of the Cabinet of Ministers № 419, dated 7.09.2004. We’d highlight the following paragraphs from this decree: 

1. To develop through the Women’s Committee of Uzbekistan, a Republican Center for Social Adaptation of Children [For your reference: the Women’s Committee – is, in practice, a state body, headed by the Deputy Prime Minister.]

2. To ensure that the director of the Center is approved by the Cabinet of Ministers and that his/her activities will be held accountable to the Cabinet of Ministers.

5. To include the Republican Center for Social Adaptation of Children in:

- the list of organizations receiving copies of decrees and orders of the President of the Republic of Uzbekistan, decrees and orders of the Cabinet of Ministers, and materials of the sessions of the Oliy Mazhilis [parliament] of the Republic of Uzbekistan;

- the list of recipients of bulletins of statistical information from the Ministry of Economics and the Ministry of Labor and Social Protection of the Population of the Republic of Uzbekistan.

8. Women’s Committee of Uzbekistan will within two weeks, in consultation with the Ministry of Labor and Social Protection of the Population, and the Ministry of Finance of the Republic of Uzbekistan, approve a plan for the salaries of staff of the Center and a unified tax rate.

9. Tashkent City administration, will, within one month, allocate a building for the Republican Center for Social Adaptation of Children, providing the necessary conditions for its activities and operations, and will provide, if necessary, repairs to the premises, as well as telephone services.

10. Monitoring the implementation of this Decree will be assigned to the Deputy Prime Minister of the Republic of Uzbekistan S.T. Inamova.

That is how the regime imitates the existence of civil society in Uzbekistan and urges foreign donors to fund pseudo-NGOs created by it. At the same time, the activities of civic associations that have not received legal registration are seen as a violation of the law, and those who participate in such activities can be subject to serious repercussions.

There are also questions for the actress Monica Bellucci. Mrs. Bellucci, upon taking money from Lola Karimova, were you aware of the fact that the money given to you came from the budget of a charitable organization, which was supposed to provide assistance to children with disabilities? By giving this money to you, Lola Karimova deprived hundreds of children in need with the possibility of receiving much needed assistance. If you were not aware then, do you realize this now? What will you now do with these funds?

From the recent court hearings of Lola Karimova’s claims against the publication “Rue89,” it seems that Mrs. Karimova is very concerned of the dictatorial regime’s image, tarnished by this publication’s very competent journalists, and seeks to clean it up or “launder” it, so to speak, as a French journalist said. However, new circumstances make one wonder whether it’s not only the regime’s image that is being “laundered”, and whether the funds which were intended to help children with disabilities were ‘laundered’ too?

As the financial activities of the state and quasi-state structures in Uzbekistan are not a model of transparency, one can imagine that a generous grant from the European Union could be used to satisfy the personal aims of Lola Karimova or pay for expensive gifts to European celebrities.

Finally, the case of Karimova is a clear cut case of a conflict of interest. It is obvious that the appointment of Lola Karimova to a diplomatic post is either a result of the orders of her father – the dictator Islam Karimov, or was a decision made to curry his favor. The European Union must take this into account when such a considerable amount of funding is allocated to representatives of Uzbekistan’s corrupt regime.  

Association Droit de l’Homme en Asie Centrale

Centre MBE 140, 16, rue de Docteur Leroy, 72000 LE MANS FRANCE

Tel.:  +33 6 49 38 86 59; E-Mail: asiecentrale@neuf.fr

Viewpoint on a French court

On the 19^th of May, in the “Palais de Justice” building on Ile de la Cité in Paris, the trial based on a claim by Lola Karimova, the daughter of the dictator Islam Karimov, took place. The defendant was the owner of the “Rue89” publication, Pierre Haski. The reason for the trial: an article, published on May 20, 2010 by the journalist Augustin Scalbert titled “AIDS: Uzbekistan cracks down at home but puts on show at Cannes.”

Elena Servettaz / RFI

The suit brought by Lola Karimova contains several complaints:

-The correspondent of the publication Augustin Scalbert called her father – the head Uzbekistan Islam Karimov – a dictator.

-The plaintiff estimates that the journalist deliberately used the word “launder”, which in French can be used in two ways: “to launder one’s image” and to “launder money”. According to Lola Karimova, the readers could decide that she, in her capacity as ambassador of Uzbekistan at UNESCO and leader of the charitable fund “You Are Not Alone”, as well as  her sister Gulnara, the ambassador of Uzbekistan at UN headquarters in Geneva and to Spain, founder of the charitable foundation “Forum”, were involved in money laundering.

- Lola was also outraged by the fact that the article’s author wrote about the payment of 190 thousand Euro to the Italian actress Monica Bellucci for her participation at the charity ball held at the Palace of Versailles outside Paris in February 2010.

I was invited to participate in the trial by the defending party, “Rue89”, upon recommendation by the International Federation for Human Rights (FIDH). Apart from me, two other witnesses were invited: the former political prisoner from Uzbekistan Mutabar Tadjibaeva and the correspondent of the “Bakchich.info” publication Anaëlle Verzaux.

We were led into the courtroom by a court assistant. The court clerk, a square-shouldered, middle-aged man in a black robe and a buttoned jabot collar declared in an assured voice: “Stand up! The trial has started!” The judge arrived and we (the witnesses for the defending party) were invited to go into a separate room.

The first person called into the courtroom was Mutabar Tadjibaeva. After approximately 35 minutes I was called in. As I was approaching the doors of the room, I heard Mutabar dolefully repeat: “…and I’m one of thousands! Thousands!”

I entered the room, where a tense silence reigned. Mutabar’s story had left a deep impression on those present. Many looked at her with compassion, while she was trying to contain her agitation. A psychologist helped her calm down.

I subsequently learned from a colleague, that after Mutabar’s appearance, Lola Karimova’s lawyer had asked her some questions. Maitre Antoine Germain said: “Before I start fulfilling my duties as a solicitor and ask you a few questions, I want to say that I profoundly empathise with how hard it must have been for you to go through such trials…”. No doubt Antoine Germain was being sincere. It is worth noting that this was said by Lola Karimova’s lawyer, who denies she is the daughter of a dictator.

The clerk led me to the metallic railing facing the judges’ chair. Lawyers were standing on both my sides. After confirming my personal details I swore to tell the truth.

At the trial, I was representing the French association “Human Rights in Central Asia”. Back in January 2008, after the presidential elections in Uzbekistan, our organisation declared in a press release that in Uzbekistan power had been seized by the unconstitutional government of Islam Karimov. Since that date we do not refer to I. Karimov as the president of Uzbekistan in our documents.

 “What is your status in France?” I was asked by the judge.

I answered: “I’m a political refugee. For the past 10 years I wake up every morning thinking about my country. It is painful for me talk about what’s happening in my motherland, where the life of a human is worth nothing. And the question doesn’t even arise for me whether Islam Karimov is a dictator or not. He is a dictator!” These words literally came straight from my soul.

Then the lawyer of “Rue89”, Antoine Comte, asked me: “Tell us about the political system in Uzbekistan, and what kind of role the daughters of Islam Karimov play in it”.

I answered: “In Uzbekistan all the institutional powers are in place so that it seems a democratic society to the outside. The majority of the country, however, lives in fear, because they depend on the free-will of Islam Karimov and on the whims of his spoilt daughters. The fate of millions of people depends on them.”

“From April 2000 to July 2002 I approached all competent authorities in Uzbekistan with complaints about the violation of my rights. I have with me a list of all these institutions and certified copies of postal receipts. I present them to the French court: none of the representatives of Uzbekistan’s leadership answered my appeals. This is the attitude towards the citizens of Uzbekistan expressed by the bureaucrats defending Karimov’s power.”

“Our organisation has received information about 19 cases of deaths among detainees, whose bodies bore marks of beatings and other violence. We have all the personal details of these victims and forwarded them to the responsible authorities. Not one of these cases was investigated, this is the level of democracy in Uzbekistan…”

 “What benefits do Islam Karimov’s daughters bring to your country?” – “Rue89”’s lawyer asked again

 “What could be the use to the country of the fashion shows that Gulnara Karimova arranges? She wastes money on them, in order to exhibit herself in the West. Who among Uzbek designers could be allowed to compete with her? Would anyone really dare? Any fashion projects from Uzbekistan known in the West belong to Gulnara Karimova. Who else, during their diplomatic careers, is busy designing clothes and jewellery pieces, and arranging fashion shows? Gulnara Karimova has more high-level meetings than the foreign minister of Uzbekistan.”

“Lola, Karimov’s younger daughter, organises charity evening parties attended by celebrities. It is becoming clear that Lola Karimova pays for the participation of celebrities at these events,  rather than the celebrities donating their time for the benefit of her trustees.”

“One gets the impression that the charitable funds belonging to Islam Karimov’s daughters Lola and Gulnara and to his wife Tatiana Karimova, are for their own personal use, to purchase the approval of western elites and satisfy their exorbitant ambitions. They are the closest relatives of the Uzbek dictator, who, for 22 years, has clung to power in contempt of the constitution. Does society know where the funds of these charities come from? Our organisation is aware of two cases in which people acting on behalf of Islam Karimov’s daughters extorted money and property from successful Uzbek entrepreneurs.”

 “Do you know Lola Karimova personally?” – the lawyer Antoine Germain asked.

 “No”

 “Did you personally in any way come in contact with Lola Karimova’s fund?”

" I fled Uzbekistan in March 2000. At that time Lola was not yet a public and influential figure. The information I am presenting is from our organisation’s archives".

After me the journalist Anaëlle Verzaux was called to testify.

It came to light that the journalist Anaëlle Verzaux had taken part in the charity ball at the Palace of Versailles in February 2010. At the court hearing, she brought with her documents showing an estimate of the costs of this ball. Lola Karimov’s lawyer got nervous as he saw the estimate, which showed that the organisation headed by Lola Karimova had spent 230 thousand Euro to secure the participation at the charity event of Monica Bellucci. He indignantly asked: “What is this? Where does it say “Lola Karimova” here?”

The journalist Anaëlle Verzaux went on to explain, that in her article for the “Bakchich.info” publication she had estimated down the sum spent by the organisers on the participation of Monica Bellucci. This is how she had protected her sources. This is why in her article the sum was 190 thousand Euro, instead of the 230 thousand Euro spent in reality on Monica Bellucci's participation.

The court attached the documents presented by Anaëlle Verzaux to the case brought by Lola Karimova. It was visible that “Rue89”’s lawyer was very satisfied with that.

The questioning of Anaëlle Verzaux lasted no more than 10 minutes.

The trial continued. The plaintiff’s lawyer began his plea with an answer to my question: “…where do the means of Lola Karimova’s charitable fund come from?” The following was made clear. It appears that the European Union gave Lola Karimova’s fund 3.7 million Euro. Three authoritative representatives of international organisations sent letters to the court, in which they remarked on her “ special contribution to substantial societal activities”. The names of the well-known politicians were not given by the lawyer, but their letters were transmitted for inclusion into the court’s materials. I managed to find out who was supporting Lola Karimova:

- The head of European House in Uzbekistan, Pierre-Paul Antunissens

- The head of the representation of UNICEF in Uzbekistan Jean-Michel Delmott

- The head of UNESCO in Uzbekistan Jorge Ivan Espinal

Wouldn’t it be interesting to know whether Monica Bellucci’s fee was paid with money from this European Union grant? And how would European taxpayers feel about that?

After that, a documentary film was shown about the charitable activities of Lola Karimova. Help for disabled persons is certainly important, so I watched it attentively. They showed the French court leisure and sport facilities for disabled people with special equipment, well-groomed children, and next to them, posing for the television cameras, Lola Karimova. I admit I was impressed! And all this was accompanied by an ingratiating speech in Russian. The female voice behind the images repeats often: “Lola Islamova loves disabled people very much”...». What can you say about that? There are more and more disabled people in our country – their number is increasing proportionally with the number of inmates and slaves working in the cotton fields.

The court then announced a break.

After 5 minutes the debate started. Lola Karimova’s lawyer took the floor again. He started by saying that he had come to court to seek charges for libel from a journalist, but that he found himself at a political trial. He did not touch upon the fact that the claim was about Lola Karimova being called the daughter of a dictator. He stated that in the article, the word “launder” had been used, which was meant as “laundering money”. Carried away by his own reasoning, Maitre Germain now suddenly started accusing the “Rue89” publication of using malevolent information, and alleged this had led to several legal proceedings.

The lawyer of “Rue 89”, during his plea, asked the absent plaintiff Lola Karimova: “Which state’s ambassador doesn’t launder the image of their country? Her professional duty is to present it from the best possible side, and in this case it is clearly inappropriate to quibble about the journalist’s phrases.”

The speech by the prosecutor made a big impression on me. Madame le procureur came to a conclusion: in the article the journalist Augustin Scalbert did not make any allegations of money laundering. Lola Karimova did not like the critical opinion of the journalist, but he has the right to freely express his opinion. And while Ms. Lola Karimova has this right, she did not make use of it. However, she immediately sued the journalist. Freedom of expression is protected by French laws. Every person has the right to express their convictions, and a journalist all the more so.

The defendant Pierre Haski – the owner of the “Rue89” publication – also spoke out. He contested the assertions of Lola Karimova’s lawyer about his paper being tarnished by court proceedings and paying ruinous fines for defamation charges: «Yes we have been in court a few times, but what makes you say that we lose the trials? On the contrary, we win every time. The fact that suits are brought against us is a testimony of our focus on cutting-edge issues. Your criticism of the journalist is baseless. Augustin Scalbert is a professional journalist, and our readers trust him".

With that, the hearing was ended. Everybody went out into the hall and started sharing their impressions. I approached the journalist Augustin Scalbert and handed him a letter from the Uzbek journalist Kutbitdinov expressing his esteem and support. Augustin shyly replied :“I simply wrote what I think...».

After witnessing the proceedings brought by Lola Karimova against the “Rue89” publication for more than three hours, I couldn’t help but compare the French legal system to that of Uzbekistan. During the past six years in Uzbekistan, almost 30 journalists and writers have been given prison sentences, many of them were punished for their criticisms under article 159 of Uzbekistan’s criminal code (infringement of the constitutional order). And the murders of the writer Eminjon Usmanov and of the Uzbekistan MP and member of the Human Rights Society of Uzbekistan, Shovrukh Ruzimuradov, have not been investigated since 1991.

I was impressed, not as much with the sense of history contained in this courtroom, as with the conduct of the trial's participants. The full extent of the contention was expressed between the parties; they acted confidently, demonstrating their respect for each other. The court attentively considered the information about the practice of torture in Uzbekistan, even though the case was about another country.

It's clear that the dictator Islam Karimov and his ambassador-daughters cannot influence French courts.

The decision of the court on the claim brought by Lola Karimova will be made public on the 1^st of July 2011.

On the 24^th of May I received a message about the holding of some debates at the embassy of Uzbekistan in France on the 25^th of May 2011 with the participation of the Institute of Civil Society of Uzbekistan — an organisation set up by those in power in Uzbekistan. All citizens of Uzbekistan residing in Paris are invited to the event. The theme of the discussions is no-doubt interesting: «Strengthening of the role of civil society and non-governmental organisations of Uzbekistan.” Those wishing to attend could confirm their participation on the fax number: 01.53.30.03.54

If anybody attended this event, please tell us: How do the Uzbek authorities view the strengthening of Uzbek civil society in France? I am certain that this campaign began after the lawsuit brought by Lola Karimova.

Nadejda Atayeva

Despite Denials by the Kyrgyzstan's President, Uzbek Journalists Are Fleeing the Country

Here are the facts:

Rosa Otunbaeva recently declared that not a single representative of the media had left Kyrgyzstan in 2010. We know that during that year, in order to avoid extrajudicial reprisals, illegal arrests, abductions, forged up criminal cases, and persistent persecution, the following journalists were forced to abandon Kyrgyzstan:

- Haliljan Hudaiberdiev – director of OshTV;

- Javlon Mirzahodjaev – director of MezonTV;

- Makhamadjan Abdullaev – director of DastanTV;

- Odina Saipova – editor-in-chief of the Oidin magazine;

- Barno Isakova – editor-in-chief of the newspaper Akhborot;

- Hosiyat Bekmirzaeva – deputy editor of the newspaper Akhborot.

According to our sources, this is just a small part of the journalists who have left the country.

Under the pressure of the authorities, the staff at practically all of the Uzbek-language mass media in Kyrgyzstan was almostentirely replaced. Ex-editors and correspondents are being sought on fabricated charges.

On the 11^th of May 2011, Dzhalal-Abadsky Municipal Court started consideration of a criminal case against journalists Haliljan Hudaiberdiev and Javlon Mirzahodjaev. They are being charged with particularly grave crimes, which carry long prison sentences. The trial will be carried out without the participation of the accused or their lawyers. The objectivity of this trial is therefore clearly compromised. And President Rosa Otunbaeva is not showing any interest in the fate of journalists who used to work for Uzbek-language audiences in the country she leads.

We are attaching the appeal of the director of OshTV, Haliljan Hudaiberdiev to the President of Kyrgyz Republic Rosa Otunbaeva hoping that she will pay attention to the persecuted journalists.

Attachment №1

To the President of the Kyrgyz Republic

Ms Otunbaeva R.I.

From the citizen of the Kyrgyz Republic

Director of the OshTV Company

Hudaiberdiev H.T.

10 May 2011

Re: On the fabrication of charges and grounds for absence from the trial

Dear Rosa Isakovna,

I am turning to you on the eve of the trial in which a criminal case against me and five other public figures and artists, representatives of the ethnic Uzbek community in the South of Kyrgyzstan, will be examined. I learned from the online editions of some publications that I was being charged under the following articles of the Criminal Code: art. 233 parts 1, 2, 3 «Organization and participation in mass disorders», art.295-1 «Separatist activity», art. 299 part 2 points 1, 3 «Incitement of national, racial, religious or interregional hostility», art. 221 part 2 «Abuse by commercial or other organisations’ employees of their authority against the interests of their employer in order to extract a profit for themselves» and art. 229 parts 1 and 2 «Illegal creation of an armed formation». Unfortunately, I still do not have access to the bill of indictment, and therefore I cannot comment on the evidence used in support of the charge brought against me.

In July 2010 I had to leave Kyrgyzstan to escape reprisals against me and my relatives. The threats came from the mayor of the city of Osh, Melisbek Myrzakmatov. I informed public and international observers about these threats shortly after receiving them. I was undoubtedly facing danger. The threats were preceded by my meeting with M. Myrzakmatov on the 1st of July, at his home near the Frynzensky market. He invited me to his home and laid out his conditions: he wanted me to give away 51 percent stake in the ownership of “OshTV” to Koshbaev K.  During our meeting at his home I was surrounded by young men of athletic build, constantly showcasing their readiness to carry out any of Myrzakmatov’s wishes. Feeling threatened, I agreed to transfer the shares.  At that moment I was hoping that this decision would allow us to continue broadcasting our programs and ensure my own safety and that of my colleagues. But shortly after, the situation escalated, and emigration became my only option.

I am asking you, as a guarantor of human rights and freedoms in Kyrgyzstan, to pay attention to the fact that this investigation has been mandated from the very beginning. I think that my persecution and discrimination on ethnic grounds is a result of the abuse by Myrzakmatov of his official position as the mayor of the city of Osh.

The report of the International Independent Commission on the investigation of the events in the south of Kyrgyzstan in June 2010 stresses that Kadyrjan Batyrov, a former Member of Parliament, did not issue illegal appeals. Therefore, granting him some airtime does not contradict the law. Nevertheless, the persecution of Batyrov and the TV companies that gave him airtime is persisting.

At the earliest opportunity, I have divulged the reasons for leaving the country on the on-line news site, “Fergana.Ru” .

I completely realize the complicated nature of the present situation caused by the interethnic conflict. I am grateful that you allowed for the investigation by the International Independent Commission of the events of June 2010 in Southern Kyrgyzstan. It gives hope to victims that justice will be served and that they may return to their native land.

I am pleading with you to pay attention to my appeal, and not to allow for an unfair trial to take place in my absence. I hope that the Constitution of Kyrgyzstan will be observed!

Sincerely yours,

Haliljan Hudaiberdiev

"Our torturers know that they will never face the law" - a report by the Association for Human Rights in Central describes the system of torture and extrajudicial execution in Uzbekistan

Destiny  Serg, 2012

In recent years, the EU and the U.S. have weakened their criticism of Uzbekistan as a country that systematically violates human rights and uses torture to intimidate its citizens. The priority for success in Afghanistan has overshadowed the human rights agenda. To justify this strategic course, the foreign policies of the EU and the U.S. claim progress on human rights in Uzbekistan, noting the abolition of the death penalty. However, the abolition of the death penalty is viewed in isolation from the overall human rights situation in the country, particularly when considering the widespread practice of extrajudicial executions and torture which often leads to death. 

This report is based on the first-hand testimony of an Andijan Regional Hospital morgue employee. It gives evidence of wide-ranging torture and illegal killings carried out by the state and the cold-blooded, methodical approach used by the National Security Service to cover up these crimes.

• Our witness was arrested after the Andijan massacre, and detained and tortured for three months before he was released and then ordered to work for the Andijan regional morgue. Between September 2005 and February 2007, he examined nearly 500 bodies at the morgue. This was done under the close supervision of the National Security Services (SNB) who were bringing the bulk of these corpses in, many of which had gunshot wounds and bore evidence of having been recently tortured. Personnel were ordered to conceal evidence of gunshots or stabbing wounds on the bodies and were required to falsify causes of death. No official records about these bodies were kept at the hospital.

• This account was supported by another source. Khusnutdin Kutbitdinov, an independent journalist working for the Uzbek-language service of Radio Free Europe / Radio Liberty, travelled to Andijan one week after the massacre who managed to interview a few employees of the Andijan hospital where the majority of the wounded were treated. According to the employees, the security services had set up a command center in the intensive care unit where they carried out interrogations of anyone who had witnessed the events.

According to Kutbitdinov and three other sources, the hospital was under the guard of the security services as long as a year after the Andijan events. Dozens of the private homes near the massacre site still remain empty. Five years after the tragedy, none of the neighbors would talk to Kubitdinov about what had happened to the owners or why plainclothes agents continued to keep watch over these buildings.

• Nematillo Botakouziyev, a human rights activist from Kyrgyzstan, helped us gather a number of letters from prisoners at Andijan prison, some of which are published in this report and tell the inside story of the prison during and after the massacre.

• Local human rights activists provided us with information on the high mortality rates in Uzbek detention facilities. Some of these activists had the opportunity to examine the bodies of a few inmates who were tortured to death and provided us with a few photographs from their archives. The activists uncovered prison cells used to house prisoners who went insane from the torture. None of them have been amnestied on health grounds, and they continue to languish in prison.

Changes to Uzbek legislation have not improved the conditions for investigating allegations of abuse and gathering evidence. Medical evaluations and court medical papers are required in investigations of complaints about torture. Article 81 of Uzbekistan’s Code of Legal Procedures states that guilty pleas are not the only form of evidence. Testimony of suspects, the accused, victims, and witnesses are also to be considered. But courts often do not take such testimony under consideration.

Our report is an attempt to underscore our belief that the current impunity will lead to more crimes.  More and more people in the country are losing their faith in the rule of law and resort to a violence as way to restore justice. Here is the excerpt from the letter received from one of the victims:

 "Our torturers know that they will never face the law... " 

The dire human rights situation in the country undermines the foundations of genuine stability in the region, with the growing ranks of those who have lost faith not only in Uzbekistan’s regime, but also in those world powers which are increasingly becoming associated with the regime. We believe that human rights should become an integral part of a strategy for regional security.

Text report:

"Our torturers know that they will never face the law" - a report by the Association for Human Rights in Central describes the system of torture and extrajudicial execution in Uzbekistan 

Kyrgyzstan: a “MURDERER” found before the victim

The story of criminal case number 41-10-305

Under torture, a resident of Osh was forced to admit to committing a murder. The procurator has filed charges even though the investigation of this criminal case did not identify the victim nor the even the very fact that a murder was committed.

In November 2010 Osh City Criminal Court started reviewing the case, in which Murodbek Khamraboev Avazovich (born in 1982) is accused of murder. Under the Kyrgyz Criminal Code, his charges - murder (article 97), kidnapping (article 123), causing public  disorder (article 233) - carry a sentence to life imprisonment.

On August 3, 2010, Murodbek was having lunch in a cafeteria with his friends, when he was taken away by criminal investigators without any explanation. He was taken to the police building and accused of murdering Palvan Orozaliev Samievich. This was the first time Murodbek has ever heard of this person’s name. He was told that being Uzbeki, he was feeling hatred towards Kyrgyz Palvan Orozaliev, and murdered him as a result. Murodbek did not have a chance to protest these accusations.

According to Mr. Khamraboev, one of the investigators led him into a prison cell, with a group of strong young men already awaiting him there. An identification test was conducted in the cell, with no-one being able to identify Mr. Khambaroev. Later Mansour Toshmatov (born in 1987) was brought into the cell, and was told that he was supposed to give evidence in support of Khambaroev’s murder of Orozaliev. Toshmatov refused to give false evidence at first. Then he was severely beaten up by the present young men, in front of the observing policemen. He then started signing everything in front of him. Atazhonov Rustam Rasulovich was also forced into giving false evidence against Khambaroev. Neither Atazhonov, nor Toshmatov had ever seen Khambaroev before.

During the preliminary and the main judicial investigation the ‘key witnesses’ of the murder, Toshmatov and Atazhonov, were unable to recount under what circumstances Khamraboev has fatally attacked Orozaliev.

On the victim’s side, relatives of Orozaliev, who have been participating in the court hearings, have also been unaware of the circumstances surrounding his death. The accusation didn’t include proof of the murder. Moreover, the materials of this case don’t include a medical document about the cause of death, nor an autopsy report, nor any other proof indicating physical harm being done to Orozaliev. In the meantime, Toshmatov and Atazhonov admitted to being fake witnesses against Khambaroev. Therefore, as it stands now, this criminal case is lacking any objective evidence against Khambaroev, but the court is still going ahead with this case.

We are just left wondering how the employees of the office public persecutor, who are trained in law and are supposed to watch over the implementation of legislation in Kyrgyzstan, have ignored the fact that no victim has been found in this case. And the actions of the court are demonstrating its full dependence on local authorities.

We are observing a fascinating case: If a murder was committed, there must be a corpse, but the corpse has not been found. Thus, Murodbek Khamraboev is accused of a crime for which there is no evidence that it has even happened.

International observers located in South Kyrgyzstan are constantly monitoring the respect of human rights there. Despite this, it is obvious that arbitrary decisions such as this one still persist. Individuals leading these lawless actions are those in position of power, who are supposed to protect the interests of citizens, regardless of national or ethnic identity.

Uzbekistan: Incarceration of the 63-year old Yuri Korepanov leads to his heart attack

A Russian citizen, 63-year old Yuri Korepanov, sentenced for 16 years in Uzbekistan, has suffered a heart attack in December, 2010. Uzbeki diplomats and investigative authorities (sledstvennie organi), have been silent on this. Korepanov has already been sent labor camp to serve his sentence.

On January 11, 2011, the Military Court of Uzbekistan found Korepanov guilty as a citizen of Uzbekistan. He was given a 16 year prison sentence, based on the following Articles of the Code of Criminal Procude of Uzbekistan: one year under the Article 223 for illegally crossing borders, and 15 years under the Article 157 for betraying the motherland for the Russian Federation. The fact that he has been a Russian citizen since 2004 has been completely ignored. Please see the details on his case in the AHRCA Press Release of February 23, 2011: “The Absurd Verdict: Uzbekistan Has Accused Yuri Korepanov, the Russian Citizen, for ‘Betraying his Motherland.’”

We have just been made aware that between 1st and 5th of December, Yuri Korepanov, a Russian citizen, was placed in the prison hospital) after suffering a heart attack. Members of Korepanov’s family were only informed of this over a month later.

On February 25, 2011, we found out that in the middle of February Korepanov was transferred to the town of Karshi, in a labor camp U/IA 64/49 to serve his 16-year prison sentence.

Uzbeki legislation does contain articles that allow for freeing a prisoner on account of serious medical condition, regardless of the length of the prison sentence (for instance, article 75 of the Uzbekinstan’s criminal code and article 165 of the Uzbekistan’s executive criminal code. However, these laws are seldom applied in practice.

§  According to Clause 1 of the Article 10 of the International Pact on Civil and Political Rights, all individuals deprived of liberty must be treated with humanity and respect.

§  Clause 2, Article 22 of the Standard Minimum Rules for the Treatment of Prisoners states:

“Sick prisoners who require specialist treatment shall be transferred to specialized institutions or to civil hospitals. Where hospital facilities are provided in an institution, their equipment, furnishings and pharmaceutical supplies shall be proper for the medical care and treatment of sick prisoners, and there shall be suitably trained personnel or officers.”

§  Article 44 of the Rules provides:

1. “<…> serious illness of, <…>, the director shall at once inform the spouse, if the prisoner is married, or the nearest relative and shall in any event inform any other person previously designated by the prisoner.”

3. “Every prisoner shall have the right to inform at once his family of his imprisonment or his transfer to another institution.”

The Association of “Human Rights in Central Asia” is deeply concerned with health conditions of Yuri Korepanov and the infringement of his right to access medical help.