Since Shavkat Mirziyoyev came to power in 2016, Uzbekistan has seen the introduction of over 2,000 new laws and executive decrees as part of reforms aimed at promoting the independence of the judiciary and improving respect for human rights. In addition, human rights defenders, journalists and other political prisoners have been released from prison, where they were serving long prison sentences after being convicted on politically motivated grounds in unfair trials.
Nonetheless, the current context of state obstruction of the work of independent civil society, as well as persecution and harassment of journalists and critics of the authorities renders the conduct of free and fair elections unlikely. The Office for Democratic Institutions and Human Rights (ODIHR), which opened an electoral observation mission in Uzbekistan on 25 November 2019, in particular recalled that no opposition party had been allowed to run in the elections for many years.
In this brief, FIDH, IPHR, and AHRCA outline their concerns about several human rights issues that are at stake with Sunday's elections.
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The Association for Human Rights in Central Asia(AHRCA), the International Federation for Human Rights (FIDH) and the InternationalPartnership for Human Rights (IPHR) wish to draw attention to some of the human
rights issues of primary concern in Uzbekistan.
Since President Mirziyoyev came to power in 2016, over 2,000 new legislative
acts have been adopted, and executive decrees passed, aimed at increasing the
independence of the judiciary and improving respect for human rights. However,
we are concerned that these rule of law principles, which should accompany any
economic liberalization, are not implemented in practice.
1. Concerns
about ongoing violations in the criminal justice system
1.1 Ongoing concerns about torture and
ill-treatment
We were dismayed in September this year
to read the replies from the Uzbekistani government to the UN Committee against
Torture list of issues. The state’s point-blank refutations of credible and carefully
gathered reports of torture and ill-treatment indicate a lack of serious intent
by President Mirziyoyev’s government to take steps to improve the country’s
abysmal record on one of the most egregious human rights violations.
We are highly concerned about these credible
reports indicating that torture and ill-treatment persist in Uzbekistan despite
the stated reform programme to address the issue.
1.2 Impunity for perpetrators of torture
Allegations of torture are not considered in a timely
manner, meaning that physical evidence can be lost (as marks of torture fade)
and perpetrators escape justice.
Pressure continues on defence lawyers and victims of
torture who attempt to complain about violations of their human rights.
Representatives of law enforcement agencies force victims and lawyers to sign
non-disclosure agreements, threatening them with criminal prosecution if they
do not agree.
We are aware that officials at various levels are now
being brought to justice, but the investigative measures used fall short of
international human rights standards. The trials are held behind closed doors,
with no independent observers present. We have monitored several cases of
former officials where there were serious fair trial violations as well as the
use of torture and punitive psychiatric treatment.
1.3 Lack of rehabilitation and redress for victims
of torture imprisoned on politically motivated grounds
Although, in a positive development, the number of
acquittals has increased we stress that the criminal convictions of persons who
were sentenced on politically motivated grounds are not being reviewed. It is
also worth noting that there is not one single case in Uzbekistan where
compensation was paid to victims of torture.
For example, human rights activist Agzam Turgunov was
refused the right to appeal the sentences against him, (and for which he served
10 years in prison). Former parliamentary deputy Samandar Kokanov, who served
24 years in prison, has also been denied the right to appeal. There are many other such cases.
The
Uzbekistani authorities continue to refute all allegations of torture, and to
block access to justice and redress for those who suffered torture in the past.
At the hearing by the UN Committee against Torture in Geneva in November,
the Uzbekistani delegation claimed that as no evidence of torture had been
found in the cases of Agzam Turgunov and other political prisoners they were therefore
did not qualify for review. Former prisoners imprisoned on politically
motivated grounds who attempt to seek justice face obstacles such as being
unable to obtain copies of the court verdicts against them. This is the case, for instance for Erkin
Musaev.
At the 68th session of the UN Committee on Torture,
head of the Uzbekistani delegation,
Akmal Saidov stated that under former President Karimov there was a “blacklist”
of citizens who were persecuted on religious grounds (wearing a hijab, a beard
and praying five times a day) and that under President Mirziyoyev about 20,000
such people had been released from prison. Representatives of opposition
parties, human rights organizations, and journalists were blacklisted.
Citizens have been prosecuted under the following articles of the Criminal
Code of Uzbekistan used to punish them for their outspoken criticism of the
authorities, for speaking publicly about human rights violations affecting them
or their relatives, or for publicly
exercising their right to religious belief:
— 158-3 (“Public insult or defamation of the President, using the press or
other media ”),
— 159 (“Violations of the constitutional system of the Republic of
Uzbekistan”),
— 216 (“Illegal organization of public associations or religious
organizations”),
— 216-1 ("Inclination to participate in the activities of illegal public
associations and religious organizations"),
— 216-2 (“Violation of the law on religious organizations”),
— 244-1 (“Production or distribution of materials containing a threat to public
safety and public order”)
— and 244-2 (“Creation, leadership, participation in religious
extremist, separatist, fundamentalist or other prohibited organizations ").
Large scale fabrications of charges have occurred under these articles, and
therefore a Commission to review
criminal cases under these articles of the Criminal Code must be set up as a
priority, which should include independent observers.
2. Prison
conditions
We have received recent, credible
reports of torture and conditions of slave labour from prisons in the country,
and there is very little transparent and publicly available information on
prisoner numbers.
Although in August 2019 the Uzbekistani
authorities announced that Jaslyk prison is to be closed as a high security
facility, we are concerned at reports that it will be used as a pre-trial
detention centre which gives serious cause for concern that pre-trial
guarantees will be respected in practice.
We receive ongoing and credible reports about slave
labour in prisons as well as poor and insufficient health care. We hear that
elderly persons, disabled people and people suffering from AIDS and other
serious illnesses have inadequate medical care. The poor healthcare afforded to
prisoners leads to a high rate of deaths in custody, but neither statistics nor
the results of any official investigations into these cases are made publicly
available.
One of the most serious obstacles preventing improvements to
prison conditions is the lack of access to places of detention for independent
monitors, meaning that there is a lack of civil oversight.
Human rights defender Agzam Turgunov tried to get
permission to visit prisons alongside the Ombudsman, but his requests were
rejected. (An official answer to one such request stated that his request was denied
because his organization is not registered). He was also recently denied
permission to meet the representative of the Prosecutor’s Office responsible
for investigating cases of torture and slave labour in prisons. Human rights
activist Tatyana Davlatova has also come up against similar obstacles.
3. Need to accept independent human rights movement
and activists as constructive partners, not perceive them as political threats
Difficulties of
registration for independent human rights organisations
It remains extremely difficult to register an
independent human rights organisation in Uzbekistan. Surveillance, threats and
administrative charges continue to be brought against independent human rights
defenders in reprisal for their work. Over the past twenty years, Agzam
Turgunov has tried to register his organization four times in 2019.
Reasons given by the state authorities for refusing to
register the organization include:
— that the application documents were not stitched with thread, (although in
fact they were stitched and had been certified by a notary);
— a newly introduced requirement on the need for 10
founding members instead of three;
— the absence of a line in the Charter stipulating that the organisation has
the right to carry out its activities throughout the country.
Agzam Turgunov is currently awaiting a fourth decision
from the Ministry of Justice on his application for registration. In case of
refusal, he intends to file a court complaint.
4. Amendments to the Criminal Code
The Uzbekistani authorities are currently preparing an
update of the criminal code. In relation to this process, we call on the
Uzbekistani authorities to:
a) Decriminalise
consensual sexual relations between men (Article 120 of the Criminal Code which
currently punishes this act with from three to five years’ imprisonment).
b) Amend Article 235 (which criminalizes torture). The
article currently gives an explanation that “illegal psychological or physical
pressure” is a crime, implying that in some cases torture could be legal. International experts at the UN Committee on
Torture considered this wording to be unacceptable, as it gives rise to
judgments on the legality of torture in some circumstances, whereas, under
international law, torture is always illegal. All states parties to the
Convention against Torture are required to ensure absolute protection against
torture. Uzbekistan should also be urged to amend Article 235 to state that
crimes of torture should not have a statute of limitations.
5. LGBTI Persons at Risk of Torture,
Sexual Abuse and Extortion
We have
received recent, credible reports that in detention facilities and prisons, gay
and bisexual men are often subjected to humiliating sexual abuse and cruel,
inhuman and degrading treatment by police officers, prison guards and fellow
inmates.
Police also use
threats of imprisonment under Article 120 and of disclosing the person’s sexual
orientation in order to intimidate and blackmail gay LGBTI persons, and to
physically or sexually abuse them. We have documented such threats in relation
to heterosexual men as well. In several recent cases police have forced men to
“confess” to serious crimes such as “terrorism” to avoid being charged under
Article 120.
LGBTI persons
are also at risk of abuse and extortion by non-state actors. There are reports
of entrapment of LGBTI persons on social media, with victims being sexually
abused by homophobic men and filmed before being blackmailed.
Exiled LGBTI
activists from Uzbekistan told us that several gay men were killed or severely
injured after homophobic activists issued calls on internet messaging services
and disseminated their personal details (photos/ addresses etc.). To our knowledge the authorities have failed
to take action to investigate the crimes effectively and bring the perpetrators
to justice.
In the large
majority of cases victims, fearing reprisals, do not lodge complaints. We also learned of cases where LGBTI people
could not cope with the intimidation and abuse and committed suicide.
Furthermore, groups defending LGBTI rights cannot work safely in the country.
