14.6.12

«SOS!» – Audio programme of the Association for Human Rights in Central Asia

Increasingly, our organisation receives more appeals over the phone. The individual who are making these appeals report about the limitations of access to a lawyer, the impossibility of obtaining reliable information, the use of torture and coercion to give false testimony, as well as many other offenses.

The victims do not always have the opportunity to speak out, not to mention submitting a complaint in writing. For them, the phone sometimes becomes the only means of communication. The situation they report about usually requires an immediate action; a plea for help of these people deserves the attention and support of the public.

Do not remain indifferent!

29.5.12

Uzbekistan: Joint Letter to Danish Foreign Minister Villy Søvndal regarding State-Sponsored Forced Labor and Child Labor

Mr. Villy Søvndal
Minister of Foreign Affairs
Ministry of Foreign Affairs of Denmark
Asiatisk Plads 2
DK-1448 Copenhagen K
Denmark


Ambassador Lars Faaborg-AndersenRepresentative to the Political and Security Committee (PSC)
Danish Representation to the European Union
Rue d’Arlon 73, 1040 Brussels
Belguim


Dear Minister Søvndal and Ambassador Faaborg-Andersen:

We respectfully write to ask the EU to make a strong statement at the upcoming International Labour Conference reflecting the serious and systematic abuse of human rights in Uzbekistan’s cotton industry, and to urge the government of Uzbekistan to abide by its international commitments to end state-sponsored forced labour and forced child labour, by immediately committing to accept a high-level tripartite ILO mission to monitor the 2012 cotton harvest.

Once again in 2011, the government of Uzbekistan fully implemented its state-controlled forced labour system for cotton production. According to reports by the Uzbek-German Forum for Human Rights, local observers and UNICEF, the khokimiyats forcibly mobilised labour, including children as young as age 10 in the provinces of Andijan, Bukhara, Djizzak, Fergana, Kashkadarya, Khorezm, Namangan, Samarkand, Surkhandarya, Syrdarya and Tashkent. State-sponsored forced labour in Uzbekistan has consistently included adults as well. City and district administrators instruct business owners to send their employees to pick cotton. Threats of expulsion from school and dismissal from employment keep the children and adults in the cotton fields. During the 2011 harvest, video footage showed a dean from the Karakalpak National University verbally and physically abusing students who failed to meet their quotas; in the Jizzak region, a woman six months pregnant was threatened with expulsion from the Institute of Pedagogy if she refused to work. Local rights activists such as Gulshan Karaeva, Nodir Akhatov, and Elena Urlaeva who attempted to monitor the use of forced labour during the 2011 cotton harvest in various regions of Uzbekistan were arbitrarily detained and in some cases threatened with prosecution.

In its report to the 101st International Labour Conference (ILC), the Committee of Experts noted with “serious concern that the Government has yet to respond positively to the recommendation to accept a high-level tripartite observation mission or to avail itself of ILO technical assistance.” Citing letters of the International Organisation of Employers (IOE) and the International Trade Union Conference (ITUC), the report further details the problem as being one of state-sponsored and systematic forced labour of adults and children, despite the existence of the legal framework against forced labour. We share the Committee’s concern and ask the European Union to support efforts to enable an ILO mission to monitor the 2012 cotton harvest and thereafter provide a technical assistance mission based on the assessment of independent monitors.
 
The serious and systematic use of forced labour in Uzbekistan’s cotton industry requires urgent action. We ask the European Union to call, at the upcoming ILC, for a tripartite mission of the ILO to conduct unfettered monitoring during Uzbekistan’s 2012 cotton harvest, and to make clear to the Uzbek government that if it does not allow unfettered monitoring by a tripartite ILO mission and commit to implementing its recommendations, the EU will critically review and open an investigation into Uzbekistan’s inclusion in theGeneralised System of Preferences (GSP).
 
We thank you again for your support in promoting human rights and eliminating forced labour and forced child labour. We understand that you have a number of important issues to consider with respect to Uzbekistan, but we firmly believe that human rights, including forced labour and forced child labour, are fundamental concerns that need to be addressed.
 
Sincerely,

The Cotton Campaign Coalition:

Anti-Slavery International
Association for Human Rights in Central Asia
Kampagne für Saubere Kleidung
European Center for Constitutional and Human Rights
Environmental Justice Foundation
Eurasian Transition Group
Expert Working Group – Uzbekistan
Ilmarinen Mutual Pension Insurance Company
GES Investment Services
Human Rights Watch
Inkota netzwerk e.V.
International Crisis Group
International Labor Rights Forum
Open Society Foundations
Responsible Sourcing Network
Uzbek-German Forum for Human Rights


 

24.4.12

Uzbekistan: Joint Letter to Secretary Clinton regarding State-Sponsored Forced Labor and Child Labor

Dear Secretary Clinton:

We write to ask that, as part of your ongoing advocacy on behalf of human rights around the world, you urge the government of Uzbekistan to immediately take the appropriate steps to abide by its international commitments to end state-sponsored forced labor and child labor, beginning with an invitation to the International Labour Organization (ILO) to monitor the 2012 cotton harvest.

Once again in 2011, the government of Uzbekistan fully implemented its state-controlled forced labor system for cotton production. As in previous years, the Uzbek government required farmers to grow cotton, and local  provincial government offices (khokimiyats) mobilized students from elementary schools, middle schools, high schools, trade schools and universities to plant, weed and harvest to meet their assigned quotas. According to reports by the the Uzbek-German Forum for Human Rights, local observers, UNICEF and reporting by the State Department, the khokimiyats forcibly mobilized labor, including children as young as age 10 in the provinces of Andijan, Bukhara, Djizzak, Fergana, Kashkadarya, Khorezm, Namangan, Samarkand, Surkhandarya, Syrdarya and Tashkent. State-sponsored forced labor in Uzbekistan has consistently included adults as well. City and district administrators instruct business owners to send their employees to pick cotton. Last year, employees from the General Motors plant in Andijan reportedly were forced to take “voluntary vacations” to harvest cotton. Local rights activists such as Gulshan Karaeva, Nodir Akhatov, and Elena Urlaeva who attempted to monitor the use of forced labor during the 2011 cotton harvest in various regions of Uzbekistan were arbitrarily detained and in some cases threatened with prosecution.

The State Department’s 2011 Trafficking in Persons Report identified negligible progress by the government of Uzbekistan to end the practice of forced labor, and it identified the government quota system as a root cause of the forced labor system of cotton production. Uzbekistan remained on the Tier 2 Watch List in 2011 for the fourth consecutive year, presumably because the Uzbek government had “a written plan that, if implemented, would constitute making significant efforts to comply with the Trafficking Victims Protection Reauthorization Act’s (TVPRA) minimum standards for the elimination of trafficking and is devoting sufficient resources to implement the plan” (22 USC § 7107). However, according to Ambassador George Krol, with whom we met recently at the Global Chiefs of Missions Conference, the Uzbek government has not accomplished much. The 2011 TIP report also recommended that the government of Uzbekistan invite a mission of the ILO to monitor the 2011 cotton harvest. This did not happen.

In 2012, the government of Uzbekistan has demonstrated no progress toward eliminating forced labor and child labor in cotton production. The most recent plan adopted by the Uzbek government essentially calls for self-policing, including a government-organized monitoring of the upcoming harvest. At the January 25, 2012 public hearing on the Uzbek government’s continued eligibility for trade benefits under the U.S. Generalized System of Preferences, Ambassador Ilhom Nematov again denied openly to U.S. government representatives that there was any forced labor, stating, “It's not forced labor because, you know, today literacy in Uzbekistan is 100 percent.” He also denied the existence of the cotton production quota system and confirmed that the Uzbek government had no plans to invite a mission of the ILO to monitor the 2012 cotton harvest. Given its continued denials that forced labor exists and its role in organizing the forced labor cotton production system, the Uzbek government’s self-monitoring plan cannot possibly constitute “significant efforts” to eliminate forced labor, as required by the TVPRA (22 USC § 7107). As a result, there are no grounds for granting another waiver of the legislatively-required downgrade of Uzbekistan to Tier 3 status in the 2012 TIP report.

We understand that on May 2-3, 2012, the Uzbek government will convene representatives of the United Nations Children’s Fund, the ILO Moscow Office and the European Commission in Tashkent to discuss Uzbekistan’s compliance with its international treaty obligations. While the meeting is a welcome dialogue, it can only be considered an indication of progress if it results in a formal invitation from the Uzbek government to the ILO to conduct unfettered monitoring of the 2012 cotton harvest. We strongly urge that in conjunction with this meeting the U.S. government inform the authorities in Tashkent that the only way the State Department can justify waiving a downgrade of Uzbekistan to Tier 3 in this year’s TIP report is if Uzbekistan commits to invite the ILO to conduct unfettered monitoring of this fall’s cotton harvest.

We thank you again for your support and advocacy in promoting human rights and eliminating forced labor and forced child labor. We understand that you have a number of important issues to consider with respect to Uzbekistan, but we firmly believe that human rights, including forced labor and forced child labor, are fundamental concerns that cannot be ignored.

Sincerely,

The Cotton Coalition:

Nate Herman
Vice President of International Trade
American Apparel & Footwear Association (AAFA)

American Federation of Labor and Congress of Industrial Organizations
(AFL–CIO)

Abby Mills
Associate, International Affairs Department
American Federation of Teachers

Nadejda Atayeva
President, AHRCA-France
Association for Human Rights in Central Asia

Bennett Freeman
Senior Vice President, Sustainability Research and Policy
Calvert Investment Management Inc.

Sr. Kathleen Coll, SSJ
Administrator, Shareholder Advocacy
Catholic Health East

Reid Maki
Coordinator
The Child Labor Coalition

Sukhrobjon Ismoilov
Expert Working Group - Uzbekistan

Auret van Heerden
President and CEO
Fair Labor Association

JeffreyW. Perkins
Executive Director
Friends Fiduciary Corporation

Steve Swerdlow
Central Asia Researcher
Human Rights Watch

Judy Gearhart
Executive Director
International Labor Rights Forum

Rev. Father Dn. Thomas Johnson-Medland, CSJ, OSL
CIO
Lighthouse Hospice Inc.

Sally Greenberg
Executive Director
National Consumers League

Erik Autor
Vice President, International Trade Counsel
National Retail Federation

Jeff Goldstein
Senior Policy Analyst for Eurasia
Open Society Foundations

Patricia Jurewicz
Director
Responsible Sourcing Network

Gwen Farry, BVM
Sisters of Charity of the Blessed Virgin Mary

Mary Beth Hamm, SSJ
Social Justice Coordinator
Sisters of Saint Joseph of Chestnut Hill

Nora Nash, OSF
Director, Corporate Social Responsibility
Sisters of St. Francis of Philadelphia

Eileen Kaufman
Executive Director
Social Accountability International

Bob King
President
United Auto Workers

Umida Niyazova       
Uzbek-German Forum for Human Rights (UGF)


cc:   Hilda L. Solis, Secretary of Labor
       William J. Burns, Deputy Secretary of State
       Robert O. Blake, Assistant Secretary of State for South and Central Asian Affairs
       Michael H. Posner, Assistant Secretary of State for Democracy, Human Rights and Labor
       George Krol, United States Ambassador to the Republic of Uzbekistan
       Luis CdeBaca, Ambassador-at-Large, Office to Monitor and Combat Trafficking in Persons



29.2.12

The Karimov Regime is Accused of Terrorist Activities: Аn Attempt on the Life of Political Émigré Obidkhon Nazarov

On 22 February 2012, an attempt was made on the well-known Uzbek Imam and theologian Obidkhon Nazarov, who was living in the town of Stromsund in Northern Sweden. Before his escape, the offender fired several shots at Obidkhon, leaving him seriously wounded. A gun silencer and backpack with weapons was found near the site of the crime, suggesting that the offender was a professional contract killer acting on orders. Obidkhon Nazarov is in critical condition, according to his doctors. An investigation into the incident has only just begun, but we have grounds to suspect the involvement of the Uzbek security forces in organizing this crime. 
Brief Biographical Information about Obidkhon Nazarov:

Obid kori Nazarov
Obidkhon Nazarov (born in 1959), goes by his Muslim name Obid kori Nazarov. From 1990 to 1996 was the imam of the Tashkent Friday Mosque “Tukhtaboi.”  After he made several critical statements about the disappearance in 1995 of the authoritative religious figure, Abduvali kori Mirzaev, the Uzbek authorities called for his dismissal from religious service. Shortly after, they brought a criminal case against him. In 1998, Obidkhon Nazarov was put on a wanted list. For the following two years, he lived in hiding in Uzbekistan. In 2000, he left Uzbekistan, relocating to Kazakhstan, where he received political refugee status through the United Nations High Commissioner on Refugees (UNHCR). In 2006, he was granted political asylum in Sweden.

The Uzbek authorities accuse Obidkhon Nazarov of religious extremism and involvement in terrorist plots. Approximately 5,000 Muslims in Uzbekistan languish in that country’s prison system for similar charges, but are denied their right to a fair and open trial, as well as the right to select their own legal counsel. Many are serving out their sentences in the penal colony “Jaslyk,” which some observers have compared to the prisons of the Stalin era, and being subject of systematic torture and inhuman treatment. The Karimov regime does everything it can so that these prisoners have no right to defend themselves suitably. 

The courts in the country are in flagrant violation of due process for criminal procedures and are in complete disregard of claims by the accused that they have been subject to torture during investigation. Despite allegations by the Uzbek authorities of Obidkhon Nazarov’s involvement in extremist activities, he repeatedly spoke in defense of all religious confessions in Uzbekistan, for freedom of speech, and for other political freedoms. Obid kori has been an outspoken opponent of the Karimov regime, but has been a proponent of peaceful methods of political change, and has rejected notions of the creation of an Islamic state in Uzbekistan.
*  *  *

According to the president of the Association for Human Rights in Central Asia Nadejda Atayeva, - «there is every reason to believe that the mastermind behind this crime is in Tashkent. This crime comes from the Karimov regime, and should be qualified as an attempted political assassination. These actions of the Uzbek security services could and should be characterized as an act of international terrorism and as their modus operandi for suppressing dissent in the country».

That Uzbekistan’s special services bear responsibility for this crime, speaks volumes about the circumstances of this attempt, and on the entire background of the Karimov regime with its opponents.

The crime was preceded by an out-and-out smear campaign by the Uzbek authorities against Obidkhon Nazarov. In 2010, the Uzbek State TV aired a documentary film called «Khunrezlik» («Bloodshed»). In it, imam Obid kori was accused of involvement in religious extremism and terrorism. Then, through the website “Press-Uz.info,” which the Uzbekistan National Security Services created for propaganda purposes, the regime sounded explicit death threats against its opponents.

This kind of harassment through the mass media controlled by the Uzbek authorities was the same that preceded by the political assassination of Alisher Saipov, the prominent journalist, an ethnic Uzbek and citizen of Kyrgyzstan.  He published in Osa newspaper h Siyosat (Politics) with criticism of the ruling regime in Uzbekistan. As a punishment, Alisher was shot in front of his office. The law enforcement agencies of Kyrgyzstan did not respond professionally to the incident, nearly destroying the investigation. But there is little doubt that the murder of Alisher Saipov was done by the Uzbekistan National Security Services.

A similar political assassination was executed by Uzbekistan’s security services in September 2011 in Russia. A member of the oppositional “People’s Movement of Uzbekistan,” businessman Fouad Rustamkhodjaev, who was a Russian citizen, was killed by gunshot. The law enforcement agencies in Russia, just like their colleagues in Kyrgyzstan, failed to conduct a full investigation and identify the offender. But did they really want to do so? It is a rhetorical question, given the long-standing practice of close cooperation between the Russian and Uzbekistan special services.

The special services of Uzbekistan are responsible for other crimes, in particular attempted murders. For example, in 2001, they made a foiled attempt on the life of the leader of the “Erk” opposition party, Muhammad Solih. Through the coordinated work of the Norwegian and Swiss intelligence agencies, Muhammad Solih’s murder was prevented.

Political assassinations on the territory of other states is not the only method in the Uzbek security services’ arsenal in their struggle against dissent. They commonly employ the practice of kidnapping so-called “undesirable” characters and manage to bypass any local legal procedures to extradite these individuals to Uzbekistan, where arrest, torture, unfair trials, and long prison sentences await them.

The greatest number of disappearances of Uzbek citizens takes place in Russia. We know of at least 20 such cases. For example, on December 21, 2011, a native of Samarkand, Rustam Zohid, was kidnapped. On September 15, 2010, three natives of Andijan region, S. Satavaldiev, M. Yusupov, and A. Bekpulatov were kidnapped. Following their kidnapping, the three individuals were put on a flight to Tashkent using fake documentation issued by the Embassy of Uzbekistan in Russia. Upon their arrival, they were escorted to Andijan. They were then accused of belonging to banned religious organizations, as well as having links with the leader of the opposition party “Erk,” Muhammad Solih. The investigation into the case of the three kidnapped men was conducted in an expedited, closed-door process, and in gross violation of the Criminal-Procedural Code of Uzbekistan and international law. Neither human rights activists nor independent journalists were admitted to the court proceedings.

The Uzbek National Security Services are able to kidnap refugees and migrants in neighboring Kyrgyzstan quite freely and with impunity. Here are just a few examples:

Isroil Kholdarov, a member of the Human Rights Society of Uzbekistan (HRSU) “Ezgulik” was kidnapped in May 2006 in the city of Osh in southern Kyrgyzstan. After some time, he emerged in Uzbekistan, and in February 2007, the Andijan regional court sentenced him to six years imprisonment under Articles 159 (subversion of the constitutional order) 216 (illegal organization of public associations), 223 (illegal travel abroad), 244-1 (distribution of materials containing threats to public safety). 

Validjon Babadjanov was kidnapped on August 16, 2006 in Kyrgyzstan. Already by August 21, 2006, it became known that he was detained in the basement of the National Security Services of Uzbekistan. Sydillo Shakirov, Bakhtiar Akhmedov, and Ilhom Abdunabi were abducted in August 2006 in Kyrgyzstan. 

In addition, the Uzbek security services are trying to put pressure on refugees from Uzbekistan through threats on the telephone, or by putting pressure on their relatives that continue to live in the country. Such pressure from the Uzbek security services (regular phone calls, blackmail, threats to relatives or through relatives) were applied on several Uzbek political refugees – Akmal Khaidarov (Canada), Muhammad Solih (received asylum in Norway), Jodgor Obidov (Austria), Mirakhmat Muminov and Shovrukh Khalikov (USA), Alisher Abidov and Mukhabbat Pozilova (Norway) Bakhtiyor Mukhtarov (Finland).

But the greatest numbers of those subject to informational attacks and harassment from Uzbekistan are those living in Sweden. These, in addition to Obidkhon Nazarov, are his brothers – Abdumalik, Abdufatah, and his son Mukhitdin; as well as Hasan Temirov, Mukhammadsalih Abutov, journalists Kudrat Babadjanov and Tulkin Karaev, opposition members Alim Karabayev, Maruf Abduraffarov, Avazbek Fayozov and others. 

It is worth noting that in 2010 Obidkhon Nazarov had already reported to the Swedish police of his concerns of being followed by suspicious individuals. But unfortunately, his reports were ignored. For a long time, the Swedish police ignored the claims of other Uzbek political emigrants, who had reported on how they were subject to pressures from the Uzbek intelligence services by phone or through blackmail of their relatives in Uzbekistan. The Swedish authorities’ failure to assess the actions of the Uzbek security services in time has resulted in a sense of impunity by the Uzbek special services, and their decision to organize a political assassination, in violation of the national sovereignty of Sweden.

There is reason to believe that the Uzbek secret services have prepared their assassinations and kidnappings of their countrymen living abroad very thoroughly. Their plots were hatched in Sweden, or possibly in other European countries, where they have an infrastructure for the preparation and execution of terrorist activities. Their operations would not be possible without the support of Uzbekistan’s diplomatic missions. The coordination of such actions is done with the active participation of the Secretaries of the embassies, who are “creatures” of the National Security Services. The embassies play a crucial role in the abduction of citizens of Uzbekistan, taking advantage of their diplomatic immunity, and using diplomatic transport.

In addition to participation in the abduction of opponents of the Karimov regime, diplomatic missions play a key role in organizing a system of surveillance of Uzbek political emigrants. Through its embassies, as well as through secret services of Uzbekistan, they employ intimidation and threats of criminal prosecution to recruit informants among students studying abroad, artists travelling to foreign countries, as well as among the emigrants themselves. The Association is aware of facts of similar attempts by Uzbek embassies to recruit collaborators and informants.

The intelligence agencies actively support all kinds of business structures created by the Uzbek authorities or citizens abroad.  First of all, the staff of the overseas representative offices of “Uzbek Airways,” is involved in the kidnapping and forcible return of Uzbek nationals to Uzbekistan. Also, it is worth noting the work of a number of so-called consulting firms and companies of various profiles that are registered in Europe and managed by Uzbek staff. All of them should be subject to intense scrutiny by Western intelligence agencies. It is important to take these steps not only to protect Uzbek asylum seekers, but also to protect the sovereignty of the European countries themselves. Until now, such precautions have been ignored by the authorities of Sweden and the EU. As a result, Sweden and other EU countries have become a staging ground for acts of international terrorism, committed by the Karimov regime.

The West should finally respond adequately. Otherwise, a series of political assassinations and kidnappings could continue. We propose that the authorities of the US, Sweden, and the EU consider taking the following measures:
1.To the authorities of Sweden and other European countries – not only to investigate the assassination of Obidkhon Nazarov, but also investigate cases of pressure on Uzbek refugees by the Uzbek intelligence services. 
2.To the authorities of the US, Canada, and European countries:
  • to investigate the activities of Uzbek diplomatic missions and Uzbek companies accredited in these countries, and to put them under close observation; 
  • to establish stricter control over the activities of the Airline “Uzbekistan Airways,” especially Uzbek diplomatic services and transport access to landing.  
3. To the European Union  –  to revisit the issue of new sanctions, but this time on other grounds – on charges of Uzbekistan’s involvement in international terrorism. 
4. To the United States of America  –  to withdraw its decision to provide military assistance to Uzbekistan, as it can be used by the Uzbek government for terrorist purposes. 
5. To Germany - to issue a ban on the planned sale to Uzbekistan of electronic surveillance equipment by some German companies. There is no doubt that this equipment will be used against political opponents and dissidents within the country and abroad.
We hope that the European Union, the United States, and Canada will react seriously to our observations and suggestions.




20.12.11

We condemn Kazakh authorities for the excessive use of force against civilians

we express our condolences to the families and dear ones of the victims

December 16, 2011 in Kazakhstan, the government forces used firearms indiscriminately against people who were in the central square of Zhanaozen. Among the victims were workers of oil and gas enterprises "Ozenmunaygaz", owned by the Kazakh oil company Exploration and Production JSC "KazMunayGas" (50%) and Chinese oil company CNPC (50%)).

According to official information, 14 died in clashes, 86 were wounded. According to witnesses, the number of victims is several times more.

We have a preliminary list of the persons who died as a result of excessive use of force:

               1. Kubaidullaed Baibek, born 21.07.1989;
               2. Ayazov Shadiyar Eljanovich;
               3. Ongarov Serik Alpysbaevich, born12.11.1959;
               4. Yusupov Radik Rasulovich, born 1987;
               5. Turganbaev Amanbek Torekhanovich, born 7.05.1984;
               6. Kusherov Janabergen Jaymukhanovich, born 16.11.1979;
               7. Duysekenov Atabergen Khasanovich, born 27.10.1987;
               8. Abdikarimova Janar, born 11.04.1974;
               9. Kusherov Rakhat, born 11.03.1995;
              10. Munaubaev Nurlan Duysenbaevich, born 8.01.1982;
              11. Kulkhairov Atabay Burebaevich, born 19.07.1967.
The names of other victims have not been established yet.

Parade, announced by the authorities on the Independence Day of Kazakhstan turned into a provocation. And in addition to the participants of civil protest people who came out to the parade also suffered from violent reprisal.

As a result of arson such buildings akimat (administration) of Zhanaozen, hotel "Aruana" , one of the offices of JSC "Ozenmunaygaz" and motor vehicles were damaged and destroyed.

We are deeply concerned that the Kazakh authorities are blocking information about the number and names of the dead, wounded and arrested. According to witnesses, there are mass arrests; Attorney General confirmed the detention of 60 people. Relatives are not informed about the location of the detained. The police do not take statements about finding the missing. In the evening of 16 December people were forcefully put on two “Ikarus” buses and taken in an unknown direction. Their names and whereabouts are unknown.

Relatives of victims, witnesses of the tragic events, the citizens disseminating reliable information, and independent journalists are subjected to unacceptable pressure.

The tragedy occurred at the backdrop of the open-ended act of civil protest of oil and gas industry workers of the Mangistau region (western Kazakhstan) started on 11 May 2011. They defend their right to decent work. Their demands remain the same:
  • to allow the activity of the independent trade union “Karakiyak”;
  • revise a collective agreement in order to balance  the interests and rights of the workers in accordance with the principle of equality of parties;
  • to increase the wages by 100%, as the existing does not provide the real cost of living;
  • to establish the wages scheme and review working conditions in accordance with international labour standards.
Over 7 months passed since then, but the Kazakh authorities are unwilling to engage in the dialogue with striking oil workers, terrorizing activists of independent trade unions and critics of the regime. Thus, the Kazakh government violates:People of Kazakhstan were celebrating the 25th anniversary of the events, which took place in Almaty on 16-18 December 1986, and which went down in history as Zheltoksan, (in Kazakh Zheltoqsan is “December”). They were peaceful protests of the citizens brutally suppressed by militia and troops. Authorities did not allow the independent investigation of those events. According to the U.S. Library of Congress, at least 200 people were killed or executed later. Other sources claim that the death toll was even greater - from 1,000 to 2,000. However, it was not possible to confirm these figures. According to independent sources, some 3200 police and military personnel were engaged in the violent suppression of peaceful civilian protests . Thus, historical experience shows that obstacles to investigate massacre lead to their repetition at a later stage. 
The provisions of the ratified International Covenant on Civil and Political Rights: Art. 19 (right to freedom of expression), Art. 21 (freedom of peaceful assembly), Art. 22 (freedom of association);
19 International Labour Organization conventions, including the fundamental ones:
     The Convention № 81 (1947) "On Labour Inspection", under which the state represented by the State Labour Inspectorate is obliged to take measures in case of violation of human rights in the work place;

    The Convention № 87 (1948) "Freedom of Association and Protection of the Right to Organize," according to which the state is obliged to allow and recognize the unions of workers, set up by them to protect their legitimate interests;

    The Convention № 98 (1949) "On the Right to Organise and Collective Bargaining", under which employers must negotiate with workers' representatives, and the state should be the guarantor of the consultation process;

     Convention № 111 (1958), "On discrimination (Employment and Occupation)," which prohibits discrimination based on race, colour, sex, religion, political opinion, national extraction or social origin, which leads to nullifying or impairing equality of opportunity or treatment in employment and occupation.

Association "Human Rights in Central Asia" calls

The Government of Kazakhstan:          
         - to create conditions for an independent inquiry into the tragic events in the city of Zhanaozen the station of Shetpe (Mangystau region);
          - to stop impeding the free flow of information about them;
          - to start a dialogue with the striking employees of the holding "ERSAI Caspian Contractor";
          - to reinstate laid-off workers and activists, who demanded respect for fundamental labour rights;
to release from custody all prisoners and detainees of union leaders, active participants and supporters of the strike;
       - to cancel the convictions against union leaders and activists: a) lawyer of the trade union of JSC "Karazhanbasmunai" Natalia Sokolova, sentenced to six years of imprisonment for "inciting social discord" and b) the trade union leaders and activists - Kuanysh Sisenbaeva, AkzhanatAminov, and Natalia Azhigalieva and others;
        - to conduct investigation into the murder of a young trade union activist, a worker of oil company "MunayFieldService" (Zhanaozen) ZhaksylykTurbaev (before his death he had received threats in connection with his trade union activities);
       - to initiate a permanent tripartite negotiations and consultative process involving the State Labour Inspectorate, employers and independent trade unions representing workers' interests;

International Labour Organization 
          - to establish an independent commission of experts to resolve the industrial dispute and prevent such confrontation in the future;

Governments of democracies:

9.12.11

Kyrgyzstan: Mirzakhid Vakhabdjanov denied the right to a fair trial



on the criminal case № 41-10-582

Judicial board on criminal cases of the Osh province court is considering an appeal filed by Mirzakhid Vakhabdjanov. October 14, 2011 Osh city court sentenced him to 16years in prison. Vakhabdjanov was accused of involvement in the riots in southern Kyrgyzstan in June 2010 and attempted murder. At all stages of this case the principle of fair and thorough investigation has been violated, as well as the right to a fair trial. Vakhabdjanov’s case requires immediate intervention of the international community.

Vakhabdjanov Mirzakhid Bakhodirdjanovich was born in Osh, on August 18, 1976. He is an ethnic Uzbek, a citizen of Kyrgyzstan, entrepreneur engaged in the business of car repairs. He is married and has three children. He has no previous convictions. Like many Uzbeks he suffered damage during the pogroms. His house was destroyed; his car and car repair shops were burnt down. Loss of property was documented by the financial police.
  • Chronology
     - June 20, 2010 Mirzakhid Vakhabdjanov was detained by operational staff of the Office of Internal Affairs in Osh. He was charged under Article 233 of the Criminal Code of the Kyrgyz Republic, Section 2 ("Participation in mass riots") and Article 28-97, Sections 9, 10, 14 ("Attempted murder");     
     - December 6, 2010 Osh city court judge A. Akyev sentenced Mirzakhid Vakhabdjanov to 15 years of imprisonment in the colony of tight securety;
     - February 1, 2011 by the decision of the Osh province court of appeal the sentence was upheld;    
    - April 28, 2011 by the decision of the Supreme Court the sentence of the Osh City Court and the decision of the Osh province court have been revoked, the case was sent for a new trial in Osh city court  in the new composition of the court;
     - October 14, 2011 Judge of the Osh City Court T. Aibatiev sentenced Vakhabdjanov to 16 years' imprisonment;
     - The verdict was appealed.
  • The circumstances of the case
June 20, 2010 Mirzakhid Vakhabdjanov and his brother were detained by police on suspicion of attempted murder of Zholdubay Zulpukarov at 24 hours on June 10, 2010 near the province children's hospital. After a confrontation with the victim a criminal case was initiated against Mirzakhid Vakhabdjanov.

From the testimony of Mirzakhid Vakhabdjanov it follows that about 10:30 June 10, 2010 his wife woke him up. She said she heard gunshots and that a crowd of armed men was moving down Central Street where they lived. Therefore, all residents of Mahalla, including Vakhabdjanov with his family, began to flee deep into the Mahalla and headed to the Kalinin collective farm, where they stayed until morning. At the same time Vakhabdjanov woke up the neighbour Mavlyuda Mamadalieva, who had small children, and helped her carry the child. He then ran to the house of a helpless neighbour Khidoyat Haydarova who was over 80 years old. On his hands he carried her to the collective farm named after Kalinin. Returning to the mahalla next morning Mirzahid saw that all dwellings in his street were burnt down including his own house. He returned to Kalinin collective farm where neighbours were hiding. Together with them he was there until June 16, 2010.
  • The use of torture
Mirzakhid Vakhabdjanov
Mirzakhid Vakhabdjanov
Trying to get a confession in the assassination attempt of Zulpukarov, operational police officers have used illegal methods of duress on Vakhabdjanov: they beat him (injuries reflected in the photo), threatened to bring charges of murder he did not commit. Defence attorney reported this to the General Prosecutor, who  ordered the Osh city prosecutor's office to check the fact of the use of torture. Prosecutor's Office already knows the name of the investigating officer of the Osh city Office of Internal Affairs, who caused Vakhabdjanov’s injuries. So far, however, he had not been brought to justice.
  •  About the trial
Originally the criminal case was considered by the Osh city court judge A. Akyev. The court session was attended by observers from the Office of the UN High Commissioner for Human Rights, a correspondent for the Radio "Azattyk", local human rights organizations “Ray of Solomon”, and “Advocacy” Human Rights Centre.

Among the criminal case materials there was a forensic report No. 1871 on J.Zulpukarov (forensic expert S.T. Toktomametov). The document stated that on June 10, 2010 at 24 hours in the Children's Province Hospital Zulpukarov was beaten by unknown assailants and was injured. He had a closed head injury, bruised wound in the left superciliary area and bruises on his neck as well as a stab wound in the left gluteal.

At the hearing defense presented an excerpt from Zulpukarov’s history of disease issued in September 2010 by the doctor of the neurosurgery department of the city hospital Sh. Zuparov. He did not record that Zulpukarov received stab wounds in the left gluteal area. Defence provided a copy of the medical emergency card filled by doctor Rismatova, which did not contain a record of that stab wound. The court only listened to the testimony of the forensic expert Toktomametov. Defence attorney Tatiana Tomina filed a motion on questioning physician Zuparova, emergency doctor Rismatova, and an independent judicial expert. The court dismissed the petition without grounds.  Defence  verbally challenged the trial judge, but judge dismissed the court challenge. The Court did not consider the discrepancy between the results of forensic examination and discharge from the medical history and sentenced Vakhabdjanov to 15 years in prison.

Osh province court dismissed the appeal against the sentence of the City Court and upheld it.

April 28, 2011 the Supreme Court held a hearing on the oversight complaint against the sentence, which entered into force. The Supreme Court issued a decision to revoke the sentences of the first and second instance courts and remanded the case for a new trial in Osh city court.

October 14, 2011 hearing ended at Osh city court (Judge T. Aibatiev). Doctor Zuparov was summoned to testify in court. He said that when filling up the records of medical history he made a mechanical error and omitted the presence of physical injury - stab wounds on the left buttock. The doctor gave the court a copy of the medical history, which had an added entry about a bruised ragged wound. Defence attorney filed a motion requesting to hear the ambulance staff who hospitalized Zulpukarov and to assign the second forensic examination. In violation of the Code of Criminal Procedure the court dismissed the petition without the possibility of appeal against the decision on rejection of the second forensic examination.

Vakhabdjanov was sentenced to 16 years in prison. The Supreme Court in its decision noted the contradiction between the forensic medical examination and an excerpt from the medical history and ordered this to be rectified. Instead, the city court increased the sentence. After that the defence attorney discovered that the extract from the medical history said "bruised lacerated wound in the gluteal area” while the original medical history records read “bruised wound with occasional bruised lacerated patches”. Defence attorney pointed to these discrepancies but the court did not take it into account and did not conduct an objective and complete investigation.

The victim Zulpukarov constantly changed his testimonies. At the confrontation in the courts of the 1st and 2nd instances, he said that Vakhabdjanov approached him in front, embraced and stabbed in the buttock. After the case was returned from the Supreme Court, Zulpukarov changed his testimonies. He argued that Vakhabdjanov approached him from behind, and he did not see the defendant, but could only hear his name called. There are no witnesses of the beating of Zulpukarov. The court judgement is entirely based on his verbal testimonies and the conclusion of the forensic medical examination. Evidence provided by the defence attorney is not taken into account.
                           Association for Human Rights in Central Asia, notes violations of the principle of a comprehensive and fair trial of the case of Mirzakhid Vakhabdjanov:
- The court does not consider the evidence in favour of the innocence of Vakhabdjanov presented by the defence attorney;
- The court systematically dismisses all motions filed by defence;
- The court does not seek to resolve discrepancies between the materials of the case: the forensic judgement of the victim's injuries, record in the medical history issued by the ambulance, an extract from the medical history, issued by the city hospital;
- Court did not carry out in-depth study of the case, does not want to notice fake documents - changes in Zulpukarov’s medical history, made retroactively after the return of a criminal case from the Supreme Court;
- The court does not consider the fact that Vakhabdjanov was subjected to torture
to extract confessions.


Association for Human Rights in Central Asia urges all interested parties, organizations and the media to pay attention to the case of Mirzakhid Vakhabdjanov and to contribute to campaigning for objective and thorough judicial investigation by sending the appropriate application to the leadership of the Kyrgyz Republic at the following addresses:
  • President of the Republic of Kyrgyzstan Atambayev, postal address, Government House: Kyrgyzstan , city of Bishkek, the index is 720 003, Fax: +996 312 638565, E-mail:  ps@mail.gov.kghttp://www.president.kg /
  • Minister of Foreign Affairs of the Republic of Kyrgyzstan Kazakbaev Ruslan Aytbaevich, address: 720040, c. Bishkek, boulevard Erkindik, 57, Tel.: +996 312 620545, fax: +996 312 660501; Е-mail: gendep@mfa.gov.kg, pressslujba@gmail.com, http://www.mfa.kg;  
  • Acting Chairman of the Supreme Court of Kyrgyzstan Dzhamasheva Feruz Zulumbekovna, mailing address: Kyrgyzstan, 720 046, Bishkek, ul.Orozbekova 37., Telephone: +996 312 663318;
  • Chairman of the Osh regional court Tilebaliev Akynbek Kazybekovich, postal address: Osh Mominova Street, 3 Phone: +996 312  66 33 18 (reception);
  • Prosecutor General of the Republic of Kyrgyzstan Salyanova Aida Zhenishbekovna, mailing address: Kyrgyzstan, Bishkek city, postal code 720040, ul. Orozobekova 72, Fax: +996 312 665 411, E-mail:  vsud@elcat.kg
 

4.12.11

Kyrgyzstan: sexual violence amidst ethnic conflict

- such is the title of the new Report of the Association “Human Rights in Central Asia”. Publication of the Report has been timed to the International Day for the Elimination of Violence against Women. From 25 November to 10 December 2011 An international campaign “16 days against gender violence” is taking place under the auspices of the UN.
Victim's Breakthrough, 2011
Even 1.5 years after the tragic events of June 2010 in the South of Kyrgyzstan it has not been possible to establish the exact number of victims of sexual violence. The experts of the Association managed to interview 12 victims, of whom seven women were aged 40 to 60, three women were aged between 18 and 40 and two were younger than 18. They all refused to disclose their names. Married women were scared that publicity would lead to divorce; unmarried ones were scared of becoming unsuitable for marriage.

In the course of the conflict women from both parties were subject to sexual violence. In some cases torture lead to the death of victims. The most widespread form of revenge was gang rape. Quite often children were subject to sexual violence in the presence of their parents who were not able to protect them due to imminent threat to their own lives.

Courts of Kyrgyzstan so far have not tried a single case on this type of crime. Only once in the course of a trial of the case of murder of a mother and two children it was established that the daughter was subjected to gang rape. Suspects were absent from the trial. Their names have been established and now they are wanted. Those who were established as indirect accomplices in crime have been sentenced to jail.

Authors of the Report urge:
                                               - the Government of Kyrgyzstan;
                                               - non-governmental organizations;
                                               - charities;
                                               - international organizations;
                                               - women’s movement
to ensure access to justice and protection of the victims of sexual violence.
Association strongly recommends:
  1. to set up a Public Commission on Trust and Reconciliation on issues of violence against women amidst ethnic conflicts. We call upon representatives of civil society to participate in it with the support of the international community;
  2. that the international organizations and donors financing the assistance programmes to victims of violence in the South of Kyrgyzstan elaborate a complex long-term programme of assistance to victims of sexual violence. Such programme should include projects on legal, psychological and medical help to victims;
  3. that law enforcement organs train their officers in methods of investigation of sexual violence cases;
  4. that the crisis and rehabilitation centres including anonymous and hotline services for sexual violence victims are supported. It is necessary to evaluate the scale of violence in against women in order to provide full-fledged and effective help;
  5. that the human rights organizations monitor the  criminal case trials related to violence against women;
  6. to ensure access to justice to victims of sexual violence.
You can familiarize yourself with the Report here