6.4.15

How many prisoners are there in Uzbekistan?

http://lenta.ru/
Information on the number of prisoners and the cost of maintaining them in Uzbekistan is classified and not reflected in the mainstream statistics. Main Department of Corrections (GUIN) of the Ministry of Internal Affairs of Uzbekistan is strictly controlled by a special department of the National Security Service.

In 2010, at the session of the Parliament, Islam Karimov said that for every 100,000 people in Uzbekistan there were 166 prisoners, i.e. there were approximately 46,480 people in prison. The Chairman of the Supreme Court of Uzbekistan stated the same data (166 per 100 thousand) in November 2014.

The International Centre for Prison Studies (ICPS) relies on this figure. In 2013, the Centre reported that in 2012 the number of prisoners, including those under investigation, declined to 46 420 people, of whom 42,000 were serving sentences. These statements were published with reference to the US State Department Country Reports on Human Rights Practices for 2012. This report presents data on the number of prisoner held in 58 penal institutions of Uzbekistan in 2009. However, the Centre did not specify that the data available to the State Department was outdated.

As it turns out, ICPS collects information from different sources:

Penal Reform International — http://www.penalreform.org/where-we-work/central-asia/;

It is impossible to double-check the data provided by these sources. All attempts to find the publication by the links displayed leads to the main page of the website and in the archives were not saved. Uzbekistan does not allow access by the UN Special Rapporteurs for the past 11 years; it expelled the HRW from the country.

Our analysis shows that the official data provided by Tashkent causes serious doubts, because the figures are very low. As reported by the media, the Amnesty announced in November 2014 applied to more than 50,000 prisoners. In addition, in 2013, on the occasion of the 21st anniversary of the adoption of the Constitution, 69.5 thousand individuals were pardoned. These figures were published by Office of the Prosecutor General of Uzbekistan, with reference to the Resolution of the Senate of the Oliy Majlis (Parliament).

But, how can anyone amnesty 69,500 prisoners, if not long before such decision, according to official figures, there were a total of 46,480?

Association for Human Rights in Central Asia (ARCA) sent a query to the International Centre for Prison Studies (ICPS). We asked the ICPS to describe their methodology for obtaining input data and explain why, in their report for 2012, they were using the statistics applicable to 2009. Does the ICPS confirm the data presented their findings, which indicate a reduction of number of prisoners in Uzbekistan, or was that a mistake? We will inform the public when we receive a response to our query.

According to our sources, the Uzbek prison colonies are crowded. The prison cells designed for four people contain 8-9 prisoners. The number of the penal institutions and the number of prisoners in each colony changes frequently. The number of prison colonies may be declining, but the number of prisoners is only growing. For example, in 2011, the Andijan prison (УЯ 64/СИ-14 GUIN - Ed.) was closed. However, the prisoners held in that colony were transferred to other prisons, where new buildings were constructed. The public is usually informed about the new colonies and prisons, about the change of location, but not about the construction of new buildings or additional cells.

Unless some authoritative international mission visits prisons in Uzbekistan, the official statistics cannot be verified. Even the International Red Cross does not have access to the prisons for an independent assessment.
                   
Association for Human Rights in Central Asia believes that the government of Uzbekistan completely falsifies data on the number of prisoners. Then many international publications and organisations circulate these figures without critical analysis and verification. Independent experts of the UN and the governments of democratic countries should request the authorities of Uzbekistan to publish reliable statistics on the number of prisons and prisoners in Uzbekistan.




3.4.15

Kyrgyzstan: Uzbek human rights activist Bahodir Namazov is in danger

#WithUzbeks Certificate issued by the UNHCR is not regulated under the current legislation of the Kyrgyz Republic, which is why refugees face danger. Recently, for this reason, Uzbek refugee and human rights activist Bahodir Namazov was detained.

Bahodir Tadzhibaevich NAMAZOV,
born on 10 January 1955, in the Tashkent region.

He is a citizen of Uzbekistan.

He has higher education degree and is an information technology specialist.

He is Vice-President of the Human Rights Society of Uzbekistan (HRSU) (headed by Talib Yakubov).

Since 2012, he lives in exile. He has the status of a refugee recognised by the UNHCR.

Bahodir Namazov initiated public appeals in support of protection of the following imprisoned human rights activist:
— Azam Farmonov, born in 1978, is a human rights activist. Following several provocations, he was convicted in a sham case in 2006, sentenced to 9 year of imprisonment. He is currently detained in the prison УЯ 64/71, in Jaliq.
— Nasim Isakov, born in 1966, is a human rights activist; on 20 December 2005 he was sentenced by the Dzhizak City Court to 8 years of imprisonment. He is currently detained in УЯ 64/3, the Tavaksay village of the Tashkent region.
— Gaybullo Jalilov, is a human rights activist, member of the HRSU representing the town of Karshi. On 18 January 2010 was sentenced by the Bukhara Court Marshal to imprisonment for 9 years.
Mehriniso Hamdamova, born in 1969, is a member of the HRSU. On 12 April 2010 she was sentenced to 7 year of imprisonment to be served in general regime penal colony.
— Zulhumor Hamdamova, born in 1960, was sentenced to six and half years of imprisonment on 12 April 2010 to be served in the general regime penal colony.
— Shakhlo Rakhmatova, born in 1965, is a member of the HRSU, on 12 April 2010 was sentenced to six and half years of imprisonment to be served in the penal colony of general regime.

On 18 March 2015, around 9:30 am, law enforcement officers in plain clothes came to the house in Bishkek, where Bahodir Namazov lives. One of them introduced himself as the local police officer. They carefully examined all the rooms and suggested Namazov to go with them to the Department of the Interior Ministry located in the Uritskiy Street (Bishkek). Upon arrival, they took his mobile phone away. Namazov was not allowed to exercise his right to a phone call. He was told to write an explanation and indicate his occupation, the possible membership of religious communities or organisations. They also took a photocopy of his Uzbek passport and checked whether he had grounds to stay in Kyrgyzstan. When Namazov presented the Certificate issued by the Office of the High Commissioner for Refugees of the United Nations (UNHCR), the law enforcement officers said that, for them, this document does not mean anything. In addition, they warned Namazov that if it turns out that he is wanted by the authorities, he will be extradited to Uzbekistan.

The police officers explained their position to Namazov as follows: we have the right to detain you for identification purposes, because the certificate issued by the UNHCR does not give the right to reside in Kyrgyzstan. In this document, there is no indication of the registration at the Migration Service of Kyrgyzstan. Therefore, according to them, Namazov is residing illegally at his home address.

It turns out that when the UNHCR issues a certificate recognising a person as a refugee, they do not provide a certificate of the Ministry of Migration of Kyrgyzstan giving the right of temporary residence. No one provided any explanation as to why they do not issue a temporary residence permit for persons awaiting resettlement to a third country.

Namazov’s Kyrgyz friends saved him. He miraculously managed to warn them of his detention. They came and vouched for him. Namazov escaped being arrested only for this reason. What would his arrest turn into is unknown.

However, Namazov’s detention did not cause any special concern in the local office of the UNHCR. They replied coldly, and not immediately. Generally, the employees of this office respond to refugees’ requests with great irritation. We are often told that it is useless to call the helpline, and in any situation of emergency they show indifference.

Partner organisation of the UNHCR in Kyrgyzstan Public Foundation Legal Clinic “Adilet” has its own experience of such cases. “Adilet” provided the following response to our request: “.. there are still problems with documents issued by the UNHCR. Status of the document issued by UNHCR is not provided for in the legislation of the Kyrgyz Republic. In each case, “Adilet” employees go to the local office in question and explain to law enforcement officials that the existing refugee certificate issued by UNHCR protects a person against forcible return to a country where his life or freedom would be threatened, in accordance with the Convention "On the Status of Refugees" of 1951, which the Kyrgyz Republic ratified in 1996. It is worth noting that the courts in their decisions also indicate that UNHCR refugee certificate protects the individual holder of the certificate from extradition”.

Association for Human Rights in Central Asia urges the UN High Commissioner for Refugees and the Government of the Kyrgyz Republic to resolve the issues involving the mechanism of protection of recognised refugees awaiting resettlement to a third country, and during this procedure to provide for the right to temporary residence in the Kyrgyz Republic.

Our organisation informs the following organisation of the situation the UNHCR recognised refugees find themselves in Kyrgyzstan:
— United Nations High Commissioner for Refugees (UNHCR);
— Office of the High Commissioner for Human Rights;
— Special Rapporteur on Torture;
— Diplomatic mission of democratic countries;
International human rights organisations.




2.4.15

Poor protection of citizenship of the Russian Federation for the former citizens of Uzbekistan

Legal arrangements of the Russian Federation do not protect the interests of its citizens who were previously citizens of Uzbekistan.

We have compelling evidence that the citizens of Uzbekistan who renounce their Uzbek nationality, attested and certified by a notary, and legally acquire citizenship of the Russian Federation are not considered to be citizens of Uzbekistan.

The practice is as follows: when those who renounce Uzbek citizenship arrive in Uzbekistan as citizens of the Russian Federation, on Russian passport, they not only violate the passport regime, but also face prosecution under the following articles of the Criminal Code of Uzbekistan:
– 223 (Illegal Exit from or Entry into the Republic of Uzbekistan) (punishable by a fine or imprisonment for up to 10 years);
– 157 «High Treason», 160 «Espionage», applicable to current and former military personnel and employees of the law enforcement agencies, (punishable by imprisonment for up to 20 years).

Official Tashkent accused many individuals, born in Uzbekistan, who acquired the citizenship of the Russian Federation of involvement in informal religious groups and communities. Many of them have been put on the wanted list. We know of cases where Russia extradited them to Uzbekistan, despite the fact that, in accordance with Article 61 of the Constitution of the Russian Federation, citizen of the Russian Federation may not be deported from Russia or extradited to another state. Individuals in the above-mentioned categories, most often, have two passports (Uzbek and Russian); this is because they hide from the Uzbek authorities the fact that they have dual citizenship, in order to be able to come to visit their families.

Under the current legislation of Uzbekistan, in accordance with articles 19 (Grounds for Termination of Citizenship of the Republic of Uzbekistan), 20 (The Secession from Citizenship of the Republic of Uzbekistan) and 21 (Forfeiture of Citizenship of the Republic of Uzbekistan) of the Law on Citizenship of the Republic of Uzbekistan, the renunciation of the citizenship of Uzbekistan is lawful from the date of publication of the Decree of the President of Uzbekistan. However, the public is not aware of the existence of at least one such decree.

For registration of Russian citizenship, it is sufficient to show the declaration of renunciation attested by a notary and sent by registered mail to the Embassy of Uzbekistan. Applications for renunciation of citizenship, sent to the Embassy of the Republic of Uzbekistan, do not result in any kind of response.

Lack of transparency in the procedure and the process of discontinuation of Uzbek citizenship leads to massive human rights violations, sometimes, to imprisonment and seizure of property acquired during the period Uzbek citizenship. Neither, any appeal to the state authorities of Uzbekistan, no litigation restore justice, they only stimulate deepening of already widespread corruption in Uzbekistan. Meanwhile, the authorities of the Russian Federation react only in rare cases. They typically exhibit a passive attitude towards the current practice.

Association for Human Rights in Central Asia (AHRCA) notes the urgent need to inform the individuals, who may be affected, about the consequences of such practices.

The AHRCA would like to address:
 The head of the Federal Migration Service of Russia Mr. Konstantin Romodanovsky,
 Human Rights Ombudsman of the Russian Federation Mrs. Eleanora Panfilova
with a request to explain what legal mechanisms exist to protect the interests of the above mentioned categories of new Russian citizens.






31.3.15

Uzbekistan: Islam Karimov stayed at power and retained the dictatorial regime


CA-News asked us to comment on the election of the President of Uzbekistan.

The elections were held on 29 March 2015. Four candidates ran for the position - Islam Karimov, nominated by the Liberal Democratic Party of Uzbekistan (UzLiDeP), Narimon Umarov nominated by the "Adolat" Social Democratic Party, Hatamzhon Ketmonov nominated by the People's Democratic Party (the former Communist Party of the Uzbek SSR) and Akmal Saidov nominated by the "Milly Tiklanish” (National Revival) Democratic Party.

It was officially announced that Islam Karimov was re-elected for another term. As stated by the Central Election Commission, 18,928,000 people (91.01 per cent) of the eligible population participated in the voting, Karimov was elected collecting 90.39 percent of votes. It is impossible to cross-check the official data.

1. Could you comment for us on the presidential elections in Uzbekistan?

In fact, there was a substitution of the concept. A formalistic event of national importance was called the presidential elections in Uzbekistan, aimed at preserving the power of the dictator Islam Karimov. All other candidates were well aware that they have no chance to come to power. A former Chairman of the Constitutional Court of Uzbekistan Mirza-Ulugbek Elchievich ABDUSALOMOV coordinated the process resorting to the budget of the country. So do not be surprised that the Supreme Law of Uzbekistan is not respected.

This can happen only in a dictatorships and totalitarian control everywhere, in the absence of opposition, freedom of speech, freedom of association and freedom of assembly.

The voting figures declared, of course, are touching. No room for intrigue at all! More than 90% of the vote were given for Islam Karimov. We shall probably never find out the real results.

And now, it remains to be seen who will congratulate Islam Abduganiyevich with the victory and call this a farce the presidential election.

2. What Uzbekistan will be like after them?

Prospects are sad. The official Tashkent sees any alternative view as anti-constitutional. In fact, in Uzbekistan, there is no constitutional system - there is a regime of the dictator Karimov. And the last "election" showed it very clearly.

Political repression, restrictions of rights and freedoms will be amplified. Not only will the critics of the regime and representatives of religious organisations and communities be in danger. The authorities are targeting those who lived abroad for more than three months. Through them, the authorities find out who and where applied for the status of a refugee. Those who applied for this status have openly been called "traitors of the Motherland." Moreover, the courts do not take into account that these citizens are prosecuted on the basis of self-incrimination, obtained under torture. Chances of saving the defendants is negligible, since they are actively being used by the Karimov regime propagandists. Relatives of victims of human rights violations are discriminated against, they are barred from taking the civil service.

This wave of repressions is aimed at asylum seekers who returned to Uzbekistan, their relatives living in the country and political exiles.

There are more than 100 already documented cases where the security services of Uzbekistan exert pressure on political refugees, including intimidation and acts of attempted murder.

In November 2014 an update of the "black list" became known. It includes all those whom the National Security Service announced unreliable. In general, Karimov is fast creating the political wilderness in Uzbekistan. He is aiming to save himself from criminal liability by using the participation of the most obedient. Also, he needs to protect his daughters Gulnara and Lola. The latter, together with her husband Temur Tilaev in a close cooperation of the criminal authority figure Salim Abduvaliyev holds a monopoly on the supply of consumer goods in the market via a company called  "Abusahy" and the transportation of the goods by the logistics company of the same name. Meanwhile, Lola Karimova hides behind the status of a UNESCO representative in Uzbekistan. This is how a criminal family gained unlimited access to the country's budget and they are enriching themselves with the help of corrupt schemes. Trying to avoid responsibility, they (Islam Karimov’s family) dump the blame on "scapegoats". Therefore, the judicial system continues to depend on the executive branch headed by Islam Karimov, and, this criminal regime will not give up the practice of torture. He radicalises the society, which gives rise to intensifying repressions.

Only the adequate response of the international community, as well as activity of human rights activists and other actors of the civil society can influence the Islam Karimov regime.


Nadejda Atayeva, 
president of the Association for Human Rights in Central Asia.



25.3.15

In Uzbekistan there are no conditions for fair presidential election

On 29 March 2015 presidential elections will take place in Uzbekistan

There are 4 nominated candidates:
Islam Karimov, current leader of Uzbekistan, is put forward by the Liberal Democratic Party of Uzbekistan. Previously, Karimov was nominated for the presidency in 1990, 1995, 2000, and 2007. His term was extended by referendum twice (in 2002 and 2007)
Khatamjon Ketmonov is a candidate put forward by the National Democratic Party of Uzbekistan and the chairman of the Central Council of the Party.
            — Narimon Umarov is a candidate put forward by the Social Democratic Party «Adolat» (Justice), chairman of the Council and Executive Committee of the Party.
            — Akmal Saidov is a candidate nominated by the «Milliy Tiklanish» (National Revival) Democratic Party of Uzbekistan, a member of fraction of the party in the Parliament, chairman of the Parliamentary Committee on Democratic Institutions, Non-government Organisations and Self-government Bodies. In 2007 elections, he was one of the candidates to run for the office of president.

The project Art and Human Rights
Association for Human Rights
in Centrale Asie
Association for Human Rights in Central Asia about results of observation of the election campaign

All candidates were approved prior, to their nomination, by the presidential administration. Among them there is no representative of the opposition. Citizens learn about candidates only from the government media and posters distributed by the Central Election Commission. Meetings of candidates with voters are held in conditions of limited freedom of speech. Criticism of the authorities and asking "uncomfortable" questions are prohibited. Only laudatory rhetoric is allowed. Uzbek media does not even attempt to evaluate the candidates publicly. Islam Karimov has a privileged position. As president, he uses public events for his campaign. This also applies to the opening of new businesses, and the last amnesty of prisoners.

No signs of the activity of the population. Access to opposition web sites is very limited, among other things, due to blocking and DDoS-attacks. Opinion of citizens living abroad is almost unknown to the population living in the country. All segments of the population are under total control, that is why there are so few independent-minded citizens, and they do not affect the election campaign.

Karimov has once again demonstrated the ability to exploit the conflicting provisions of national legislation, including the Constitution. The second term of Islam Karimov as president illegally lasted from January 2000 to January 2007 - eight years instead of seven, as provided by the then wording of Article 90 of the Constitution of Uzbekistan. (In 2011, the wording in the Constitutionwas amended: the presidential term was reduced to 5 years.) In 2008 Karimov took the office of president for the third term, despite the fact that Article 90 says «A person may not be elected to the office of Presidentof the Republic of Uzbekistan for more than two consecutive terms». Thus, the rule of Islam Karimov after January 2007 to the present time is unconstitutional.

The Constitution of Uzbekistan does not provide for the impeachment of the president, so even in theory, Islam Karimov cannot be removed from power. Most of the population realises that he remained in power illegally. "I am one of those who comes under criticism for a long tenure. They criticise me, but I do not stop. The more they criticise me, the more I want to continue working. What's wrong with that?"- flirts Islam Karimov.

He does not offer any explanation to his voters about his attitude towards the criminal activities of his eldest daughter Gulnara Karimova, against whom criminal cases are pending in France, Switzerland, Sweden and Uzbekistan. Issues related to the corrupt activities of members of Islam Karimov’s family are never discussed.

All other candidates praise their main competitor Karimov. This suggests that they deliberately went to participate in the formalistic elections. Refusing to play this humiliating role would be dangerous for them.

Absolute majority of the eligible population in Uzbekistan do not intend to go to the polls, unless it is made compulsory, because it is clear that the current elections do not mean anything or change anything.

Association for Human Rights in Central Asia draw your attention to violations fundamental human rights in Uzbekistan:

1) Numerous human rights activists and journalists remain in prison, including in particular those who supported in 2005 the EU demands for an independent international inquiry into the Andijan massacre, witnesses of the Andijan events, critics of the regime systematically prohibited from leaving the country, defenders of labour rights, journalists specializing on topics like Islam, and religious groups and communities, persons with disabilities and in need of medical care and persons who remain in prison despite being over 60 years old. It is worth noting that prisoners having previously worked for the government or international organisations are exposed to special discrimination.
All of them were sentenced to imprisonment on trumped-up charges of serious crimes. Formally, they were accused of the infringement on the constitutional order of the state, on the system of bodies of state power and administration. And this accusation arose in response to the open expression of opinions, for their cooperation with international organisations and the media.
              2) Situation in detention facilities of Uzbekistan. Many prisoners in Uzbekistan are physically ill; diseases such as tuberculosis, hepatitis, anemia and HIV/AIDS are very common. There is not enough drinking water and food. Heating and ventilation are in need of repair. We receive many reports about limited access to medical care, even for severely disabled people and elderly persons. It is a known fact that even ill people are involved in heavy work. Access to detention facilities for independent observers is nonexistent, including UN Special Rapporteur on torture. In conclusion, Uzbekistan does not comply with Standard Minimum Rules for the Treatment of Prisoners, detention conditions of prisoners are comparable to torture.
            3) Necessity of restoration of the mission of the International Committee of the Red Cross (ICRC) in Uzbekistan. The program of visitation to detainees and prisoners was terminated in March 2013 due to Uzbek government’s interference in operating standard procedures of the organisation. According to our sources, the mortality rate in prisons dramatically increases due to disease that are caused by deplorable confinement conditions and limited access to medical care.

            4) Extended prison sentence. The practice of multi-year extensions of sentences to human rights activists, journalists, members of political opposition and thousands of religious prisoners became a standard practice. Uzbekistan’s Criminal Code provides for the offense of “disobedience to legitimate orders of the administration of institution of execution of penalty” (Article 221), often referred to as “violations of prison rules”, on which authorities base the extensions of prisoners' sentences. This unlawful practice leads to life long prison terms.

            5) Forced labour system of cotton production remains fundamentally unchanged. In 2014, as in previous years, the government used coercive means to ensure that farmers met state quotas for cotton production and to systematically mobilise millions of people to pick cotton throughout the country. Where people were unable or did not want to harvest cotton the government forced them to pay to hire replacement workers. In the culmination of changes that began two years ago, the government did not mobilise en masse children to harvest cotton in 2014. It failed, however, to end the use of child labor in cotton production as in some regions local authorities forcibly mobilised children, particularly in the later weeks of the harvest, in order to meet quotas assigned by the central government. The forced labour system violates international labour conventions and national law. It also drives farmers into debt – leading many to emigrate (over 25% of the Uzbek population works as labor migrants in Russia and Kazakhstan), and some to commit suicide (including Habibullo Egamberdiev on October 17, 2014); deprives citizens of full access to health-care and education during the cotton harvest. The forced labour system also led to 15 deaths in 2014. The estimated $1 billion annual income from cotton disappears into the Selkhozfond, a secret fund in the Finance Ministry to which only the highest level government officials have access.

              6) Closing the office of the HRW. In 2007 the Tashkent office of Human Rights Watch that had operated in Uzbekistan for 15 years was closed. This organisation has earned a special trust among the people of the country. It was banned for its principled assessment of human rights situation in Uzbekistan and tragic events in Andijan in 2005. One of the conditions for lifting the EU sanctions applied against Uzbekistan was the resumption of the activities of HRW in the country. Uzbekistan has not complied with this condition.

            7) The case against the «Traitor of the Motherland». Also, citizens of Uzbekistan who were deported from the countries where they claimed asylum are subjected to repression on their forced return to Uzbekistan. They are labelled as the traitors, tortured and imprisoned for up to 13 years; according to data available to us, the case against the “traitors” has subjected about 70 people to prosecution in Uzbekistan.

            8) On the continuing practice of persecution of civil society activists and other objectionable individuals by the government officials. Harassment, including criminal persecution of dissidents and critics of the authorities, civil society activists, members of the opposition, independent journalists, representatives of various religious groups, human rights activists and their family members by the authorities continues. In Uzbekistan, there are about 10 thousand people convicted for belonging to a religious group. 40 civil society activists, journalists and human rights defenders are in prison. Over the past 10 years 487 civil society activists were subjected to repression. In recent years, critics of the regime are systematically prohibited from leaving the country;
*  *  *
The dictatorship of Islam Karimov has created a lack of social justice, the backwardness of the economy, widespread poverty, and, as a consequence, the radicalisation of Islamic organisations and movements. The US and EU countries are paying less and less attention to the violation of fundamental human rights and freedoms in Uzbekistan and continue to cooperate with the Karimov regime. We call upon the democratic community to revise the terms of dialogue on human rights in Uzbekistan and promote:

— Ensuring enforcement of the United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and ratify the Optional Protocol to the Convention against Torture;

Granting of access to the UN Special Rapporteur on 11 mechanisms of the UN, including the Special Rapporteur on torture;

Creation of conditions for the conduct of functions of the International Committee of the Red Cross mission in prisons;

 — Granting accreditation to HRW and its employees and to creation of conditions supporting the monitoring of human rights in Uzbekistan;

Abolition of the practice of arbitrary extension of terms of imprisonment for minor offences or "violation of internal regulations" under Article 221 of the Criminal Code "disobedience to legitimate orders of administration of institution of execution of penalty";

Removal of restrictions on leaving the country by the civil society activists who openly express their opinions;

Compliance with International Labour Organization Convention No. 105 on the Prohibition of Forced Labour and Convention No. 182 on the Elimination of the Worst Forms of Child Labour by enforcing national laws prohibiting forced labor and child labour;

—  The ILO’s unfettered access to conduct a survey of the application of ILO Convention No. 105 on the Abolition of Forced Labor and for ILO monitors to monitor Convention No. 105 throughout the 2015 with the participation of the International Organisation of Employers, International Trade Union Confederation, International Union of Foodworkers and local independent civil society activists and groups;

 — Ratification and implementation of ILO Convention No. 87 on Freedom of Association and Protection of the Right to Organize so farmers and farmworkers can form independent organizations to represent their interests, speak out when abuses such as forced labor occur, and negotiate for better working conditions;



19.3.15

Uzbekistan: The judges elected as MPs did not resign from the judiciary

#WithUzbeks Sitting judges took offices of MPs at the new parliament of Uzbekistan, contrary to Article 106 of the Constitution of Uzbekistan, which states: “The judicial authority in the Republic of Uzbekistan shall function independently from the legislative and executive branches, political parties, and public organisations” and the Resolution of the Plenum of the Supreme Court of the Republic of Uzbekistan “On Amendments and additions to some resolutions of the Plenum of the Supreme Court and the Plenum of the Supreme Economic Court of the Republic of Uzbekistan” dated 3 October 2014.

The following names appear in the list of deputies elected inconstituencies to the Legislative Chamber of the Oliy Majlis:

  1. 1. Doniyor Hasanovic Abdukadirov, born in 1981 He serves as a judge of the Tashkent City Commercial Court. He is elected as a deputy representing Zangiota constituency № 81. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (№2 in the list).
  1. Davron Rakhimovich Aripov, born in 1974. He serves as a judge of the Tashkent Regional Criminal Court. He is elected as a deputy representing Bekabad constituency № 78. The “Milliy Tiklanish” (National Revival) Democratic Party of Uzbekistan nominated him, a non-partisan (№ 10 in the list).
  1. Shukhrat Tagaymuratovich Polvanov, born in 1977. He serves as a judge of the Supreme Economic Court of the Republic of Uzbekistan. He is elected as a deputy representing Samarkand constituency № 60. The “Adolat” (Justice) Social Democratic Party of Uzbekistan nominated him, a non-partisan (№ 65 in the list).
  1. Bibisanem Tadzhivaevna Temirkhanova, born in 1964. She serves as a judge of the Supreme Economic Court of the Republic of Uzbekistan. She is elected as a deputy representing Turtkul constituency № 2. She was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a member of the UzLibDemP, a non-partisan (№82 in the list).
  1. Zakir Sabirdzhanovich Umarov, born in 1980. He serves as a judge of the Tashkent City Commercial Court. He is elected as a deputy representing Darkhan constituency №125. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (№99 in the list).
  1. Alisher Shonazarovich Khamraev, born in 1968. He serves as a Deputy Chair of the Kashkadarya Regional Commercial Court. He is elected as a deputy representing Samarkand Region, Taylyak constituency №61. The “Milliy Tiklanish” (National Revival) Democratic Party nominated him, a non-partisan (№112 in the list).
  1. Utkir Shomurodovich Kholov, born in 1970. He serves as a judge of the Supreme Court of the Republic of Uzbekistan. He is elected as a deputy representing Shakhrud constituency №23. The “Adolat” (Justice) Social Democratic Party of Uzbekistan nominated him, a non-partisan (№ in the list).
  1. Vladislav Olegovich Tsvetkov, born in 1978. He serves as a judge of the Tashkent City Criminal Court. He is elected as a deputy representing Kuylyuk constituency № 134. He was nominated by Movement of Entrepreneurs and Businessmen - Liberal Democratic Party of Uzbekistan, a non-partisan (№122 in the list).
*  *  *
Association for Human Rights in Central Asia is concerned about the violation of the constitutional principle of the independence of the judiciary in Uzbekistan.

Presence of the sitting judges in the legislature raises a number of questions:
How is it possible to consider the court decisions of these judges to be objective and fair?
How judges of the Supreme Economic Court of the Republic of Uzbekistan permanently residing in the city of Tashkent were elected: Shukhrat Tagaymuratovich Polvanov to represent Samarkand constituency, and Bibisanem Tadzhibaevna Temirkhanova to represent the Turtkul constituency number 2 located in the Republic of Karakalpakstan?
How are they are going to carry out parliamentary duties of their constituencies, permanently living in Tashkent, combining it with the practice of jurisprudence?

*  *  *
Uzbek authorities are taking a formalistic approach towards the so-called reform of the judicial system. Meanwhile, its dependence on the executive branch is increasing. As one can see, among the elected deputies, there is a judge, and a member of a political party, namely the Liberal Democratic Party of Uzbekistan. This is Bibisanem Tadzhibaevna Temirkhanova. In the list of deputies elected in constituencies to the Legislative Chamber of the Oliy Majlis (in line №82), it says that she is “a member of UzLibDemP” and a “non-partisan”. Is this an error or a manipulation?

As it appears, all those judges who participated in the parliamentary elections, as well as the Head of the Central Election Commission Mr M. Abdusalomov, most likely, do not fully understand the notion of independence of the judiciary. The Honoured Lawyer of Uzbekistan, the former Chairman of the Supreme Economic Court of the Republic of Uzbekistan and the current Head of the Constitutional Court of Uzbekistan is in breach of fundamental constitutional principles.

The Chairman of the National Centre for Human Rights Mr Akmal Saidov is actively trying to convince international experts and members of the UN Council on Human Rights of the fact that Uzbekistan has an independent judiciary. In the national reports submitted during the reporting period to the executive committees of the United Nations, Mr A. Saidov presents a long list of seminars and training provided for practicing judges. Uzbek President Islam Karimov says the same in his laudatory speeches. Moreover, the bulk of these events are carried out with funds obtained from the European Union and the United Nations as a financial aid.

Uzbekistan received assistance under the “Reform of Civil Procedure: effective judicial administration” project provided by the United Nations Development Programme (UNDP, a body of the United Nations designed to assist member countries in their development). The project focuses on:
creation of favourable conditions in law and in practice for further development of civil litigation,
improving access to justice through the introduction of electronic means in litigation,
improving the quality and enforceability of judicial decisions,
raising awareness of the legal measures of protection of civil rights,
improving the effectiveness of civil proceedings.

Representatives of the German Society for International Cooperation (GIZ), Regional Office of Friedrich Ebert Foundation and Representative Office of the “Regional Dialogue”, an international NGO (Slovenia), the Higher Qualification Commission for the Selection and Recommendation of Judges at the Administration of the President of the Republic of Uzbekistan, the Supreme Economic Court of the Republic of Uzbekistan attended the events organised within the framework of this project.

In 2011, within the framework of the EU strategy for human rights in Central Asia, Uzbekistan received financial support in the amount of 10 million euros designated for the reform of the judicial system. Practicing judges from Uzbekistan visited France as part of the government delegation to share experiences.

Millions of taxpayers' money of the democratic countries have gone into the creation of an independent judicial system in Uzbekistan. As a result, eight practicing judges are now Members of the Parliament of Uzbekistan. This shows, again, that all human rights dialogues and intergovernmental projects aimed at development of the judicial system of Uzbekistan are carried out formalistically.


6.3.15

Turkey: Leader of the Tajik opposition Umarali Kuvatov murdered in Istanbul

On 5 March 2015, at 22:30 by Istanbul time, in the Simsar Street of the Molla Guraniy community of the Fatih district, leader of the opposition organisation “Group 24” of Tajikistan, Umarali Kuvatov was murdered by shots at close range.

Umarali Kuvatov
Umarali Izatovich Kuvatov, was born on 21 November 1968 in the city of Dushanbe. He was a citizen of Tajikistan He was married and had children. He was an entrepreneur.
From 2001 to 2012 U. Kuvatov in cooperation with Shamsullo Sokhibov, the son-in-law of the President Imomali Rakhmon worked on shipment of fuel to the NATO base in Afghanistan. As a result of a conflict with Sokhibov, he had to leave the country and became a member of the opposition.
In 2012 Kuvatov became a leader of the «Group 24» movement, which campaigns for stopping the President of Tajikistan. In 2014 the authorities of Tajikistan declared the “Group 24” an “extremist organisation”.
Since July 2014, Kuvatov was living in Turkey as an asylum seeker under mandate of the UN High Commissioner for Refugees.

On 19 December 2014 he was arrested by Turkish secret service, following a call from an
March 5, 2015

unidentified caller. On 3 February 2015 he was released in accordance with the decision of an administrative court on a condition that he had to leave Turkey in one month’s time. Not long before the tragedy, Umarali Kuvatov was granted a temporary permission to stay in Turkey legally.

For the last three years, Kuvatov received regular threats and noticed surveillance around him of the Tajik looking individuals. The Turkish authorities did not take his reports seriously enough. The UN High Commissioner for Refugees considered his case quite formalistically.

Umarali Kuvatov was an active political leader and was courageous in his criticism of corruption Tajik government is mired in and the repression it exercises.

The Association for Human Rights in Central Asia expresses condolences to Umarali Kuvatov’s family and his loved ones.

We cherish his memory.



Our previous publications on this matter:
        – Press Release «Turkey: the leader of «Goup 24» Umarali Kuvatov is detained» dated 20 December 2014;
        – Press Release  «Turkey: the leader of «Group 24» Umarali Kuvatov faces a threat of extradition» dated 13 January 2015;