Uzbekistan: NGOs concerned about reports of excessive use of force, torture, ill-treatment and killings in connection with protests in Karakalpakstan region

 

Association for Human Rights in Central Asia (AHRCA), International Partnership for Human Rights and World Organisation against Torture (OMCT) are concerned about credible reports of excessive use of force, torture, ill-treatment, killings and arbitrary detentions in connection with mass protests against proposed constitutional amendments that took place in the regional capital Nukus and other towns of Karakalpakstan on 1 and 2 July 2022, and about ongoing arbitrary detentions of bloggers, journalists and activists.

The organizations call on the Uzbekistani authorities to initiate thorough, impartial and effective investigations into reports of excessive use of force during demonstrations and arrests, as well as torture and ill-treatment in detention; to ensure that all those detained in connection with the protests have access to a lawyer of their own choice and medical care; and to disclose information about demonstrators, activists and their family members whose whereabouts are unknown. The organizations also call on the authorities to ensure that full internet connection is restored to the region.

       

On 26 June 2022, the government of Uzbekistan announced a series of proposed constitutional amendments which included removing Karakalpakstan’s sovereign status and its constitutional right to secede from Uzbekistan. Bloggers, journalists and activists in Karakalpakstan then started to criticize the proposed amendments, public discontent grew and people gathered for protests in Nukus and other towns of Karakalpakstan.

        

Оn 26 June, the Karakalpakstani blogger Kural Rametov posted critical comments on social media. Shortly afterwards, law enforcement officers detained him at his workplace. According to non-governmental sources, police officials tortured him, including with electric shocks and later left him somewhere in Nukus, completely naked. He was able to get home, but was said to have been rearrested later that day and transferred to the neighbouring Khorezm region. His wife and other relatives  have reportedly also been detained.

  

Journalist and activist Lalagul Kallykhanova was detained in late June or early July, also after publicly criticizing the proposed constitutional amendments. On 8 July, the Prosecutor General’s Office made a public statement saying that Lalagul Kallykhanova had been arrested on suspicion of having encroached on public safety.

      

On 1 July, Dauletmurat Tazhimuratov, a well-known Karakalpakstani lawyer, journalist and former editor of the “El hyzmetinde” (“In the service of the people”) newspaper spoke to supporters after attending prayers at a Nukus mosque and announced that he had gone to the Parliament of Karakalpakstan and requested permission to hold a rally in front of Parliament on 5 July to draw attention to the constitutional rights of Karakalpakstanis. According to civil society activists, the authorities of Karakalpakstan granted him permission, but later that day Tazhimuratov was arrested. The news of Tazhimuratov’s arrest brought more people out onto  the streets.

    

Tazhimuratov was released from detention a few hours later and, according to media sources, reappeared on the evening of 1 July at the protest in Nukus where he and Murat Kamalov, Chairman of the Parliament of the Republic of Karakalpakstan, addressed the demonstrators. Local eyewitnesses stated that the demonstration was peaceful and special forces troops were present but did not intervene. Tazhimuratov and Kamalov then entered the Jokargy Kenes, the Republic of Karakalpakstan’s supreme representative and legislative body, while the protestors waited outside. Later that evening, authorities reportedly dispersed the demonstration using water cannon, rubber bullets, stun grenades and smoke bombs. There were also unconfirmed reports that some people were killed by law enforcement officers during the dispersal of the demonstrations.

   

When Tazhimuratov returned to his home that evening dozens of supporters were gathering near his house. That night, security forces reportedly stormed the house and rearrested Tazhimuratov at around 03:00 a.m. on 2 July. The whereabouts of Tazhimuratov’s wife and children are currently unknown. According to non-governmental sources, some 35 Nukus residents who stood near Tazhimuratov’s house were killed during the operation. No further details are known about the circumstances of their deaths. One of those who died has been named as  Dauletmurat Zhiemuratov, the names of the others are currently unknown.

    

According to non-governmental sources, Tazhimuratov was subsequently charged with “infringing on the constitutional order” (Article 159 part 4 of the Criminal Code of Uzbekistan). There are allegations that he has been subjected to physical abuse in custody. According to unconfirmed reports, he has been transferred to a medical facility in the neighbouring Khorezm region to treat his injuries and is in intensive care in a critical condition. On 8 July, the Prosecutor General’s Office confirmed that a criminal investigation has been opened against Tazhimuratov.

      

On 2 July, people again convened for protests in Nukus and authorities dispersed the crowds. Videos started circulating on social media on 2 July that contain footage from Nukus protests showing numerous bodies lying on the pavement which appear to be dead or badly injured. Among those who were killed during the dispersal of demonstrations on 1 and 2 July were participants in the protests  Sabir Bakirov, Bayram Kalimbetov, Azamat Kurbanov, Muratbek Pirnazarov and Sultan Yesemuratov.

   

Other reports stated that authorities detained dozens of people as they were travelling to Nukus from different towns on 2 July, to prevent them from joining the demonstrations.

     

There were also allegations that after putting down the mass protests, authorities have continued to target and detain journalists, bloggers and activists whom they suspect of playing leading roles in the protests. For example, Amantay Seyitmuratov, the leader of the unregistered Alga Karakalpakstan (Forward Karakalpakstan) movement that calls for the independence of Karakalpakstan, was arrested on 2 July. On 8 July, civil society activists Konyratbay Redjepov and Sadatdin Raymov were arrested, as was Sadatdin’s brother Mels Raymov.

   

There are also unconfirmed reports that some of those detained have been killed and that officials have begun removing dead bodies from houses to hide evidence of the crimes. On 4 July, there are unconfirmed reports in the town of Chimbay to the north of Nukus, security forces shot six people. Non-governmental sources from Karakalpakstan reported on 6 July that at least 64 people remained unaccounted for, with their whereabouts unknown. Most of the individuals in question came from the cities of Nukus, Khodzheyli and Chimbay.

   

Internet services were disrupted and have only worked intermittently in the region since 27 June, the day after Kural Rametov was arrested for making statements about constitutional amendments on the internet. This has made it difficult to obtain and verify information. Access to information became even more difficult as important articles about the events in Karakalpakstan were taken down for some time from the media outlet Gazeta.Uz.  At the time of writing access to these articles had been restored.

   

Government reaction to demonstrations                        

On 2 July, the authorities announced that an “attempt to seize power” had taken place in Nukus. The same day President Shavkat Mirziyoyev flew to Nukus. In his address before the Regional Parliament, he promised to take the views of the local population into consideration and affirmed the right of Karakalpakstan to secede from Uzbekistan. The next day he issued a warning that calls for separatism and unrest would not be tolerated and those responsible would be punished. He  introduced a state of emergency in Karakalpakstan lasting until 2 August 2022, allowing authorities to impose curfews and other restrictions such as restricted entry and exit from Karakalpakstan.

                                    

At a joint briefing of the Prosecutor General’s Office and the National Guard that took place at the Agency for Information and Mass Communications on 3 July it was announced that 18 people had been killed and 243 injured in connection with the protests, including 38 law enforcement officers. 516 people were taken into detention. At the same briefing, Davron Zhumanazarov, the head of the National Guard Press Service, urged  the residents of Karakalpakstan to respect the state of emergency and not to go out “without reason” nor to believe the information disseminated by various non-governmental sources.

      

On 8 July, the Prosecutor General’s Office informed in a public statement that an investigation had been opened into mass disturbances in Karakalpakstan under Article 159, part 4 (“infringing on the constitutional order”), and Dauletmurat Tazhimuratov and another 13 people had been detained in connection with the case.

 

Uzbekistan: Medical examination adds weight to allegations that Alexander Trofimov was tortured in detention in May 2021

International Partnership for Human Rights (IPHR) and the Association for Human Rights in Central Asia (AHRCA) take note of some progress in the case of Alexander Trofimov, after Chilanzar Prosecutor’s Office in Tashkent launched an investigation into allegations that he was tortured last year. The Prosecutor’s Office ordered a chest scan which showed traces of a fracture on his 12th rib, adding weight to Trofimov’s allegations that police officers beat him around that area while he was in pre-trial detention in May 2021. The medical examination was carried out after Trofimov’s lawyer had repeatedly lodged complaints with the General Prosecutor's Office of Uzbekistan.

In November 2021, IPHR and AHRCA called on the Uzbekistani authorities to carry out an effective investigation into the allegations that Alexander Trofimov was tortured in police detention in May 2021. The organisations are now calling on the Uzbekistani authorities to open a criminal investigation under Article 235 of the Criminal Code (“torture”), identify the perpetrators and bring them to justice in a fair trial. The authorities should also award compensation to Alexander Trofimov for the physical and moral harm he suffered at the hands of law enforcement officials.      

Detention, torture and remand hearing

Alexander Trofimov was arrested on 6 May 2021 on suspicion of theft and reports that he was tortured and ill-treated by some five police officers in the Department for the Coordination of Activities of Tashkent’s Chilanzar District Internal Affairs Bodies on 6 and 7 May 2021 in order to force him to “confess” and incriminate others. Trofimov alleges that the officers put a black bag over his head; kicked him; hit him with truncheons; punched him on the head, body and legs; forced him to do the splits; and took turns to jump on his back while he was handcuffed. Trofimov reportedly begged the officers not to hit him over the head, explaining that he had sustained a skull fracture in relation to which he is registered as disabled.

Trofimov was detained without contact with the outside world until 8 May and his relatives were not informed about his whereabouts. When his mother learnt of the police abuse, she lodged complaints with the Prosecutor General's Office and Chilanzar District Prosecutor's Office calling for a swift investigation.

Trofimov saw his lawyer for the first time briefly before his remand hearing on 8 May 2021 and the lawyer took photos of injuries on his body. During the hearing the lawyer  informed the court of the allegations of torture, showed the photos and asked Alexander to show his injuries. The lawyer also presented a video in court filmed earlier that day by Trofimov’s mother, Galiya Trofimova which showed the police officers who accompanied her son to court. According to Alexander, the same officers were involved in his abuse. The judge ruled to remand Trofimov in custody and ordered a forensic medical examination, but did not specify which questions the experts should clarify.

Medical examinations and investigation into allegations of torture, compensation

As the authorities failed to conduct a prompt and thorough medical examination into Trofimov’s allegations of torture,  it is likely that important evidence was lost. Nevertheless, subsequent medical examinations ordered by the authorities as well as a medical examination that Alexander Trofimov commissioned after his release on parole in a private clinic reveal injuries that appear to confirm Trofimov’s allegations of police abuse.

Instead of taking Trofimov to the forensic medical examination shortly after the remand hearing on 8 May 2021, police transferred him to the Chilanzar District Health Department. According to Galiya Trofimova, the accompanying officers urged the doctors to certify that Trofimov already had bruises on his body when he was arrested. But the doctors refused to provide false evidence.

The police officers then waited until 10 May – probably in the hope that his injuries would be less visible – before taking Trofimov again to the same health department. There medical staff recorded bruising to his legs and back. Later that day Trofimov was taken to the Main Office of Forensic Medicine of the Ministry of Health for the requested forensic medical examination.

Two months later and after several requests  Galiya Trofimova was able to see the results of the forensic medical examination at Tashkent City Prosecutor’s Office, but neither she nor the lawyer were able to obtain a copy of the document. According to her, the forensic medical experts only conducted an external examination and only recorded visible injuries – bruises. They did not carry out CT or MRI scans to establish whether he had sustained internal injuries.

On 12 August 2021, Trofimov was released on parole. Shortly afterwards independent medical doctors took an x-ray of his ribs and found a possible trace of a fracture. In May 2022, Chilanzar Prosecutor’s Office ordered a scan [1]  of Trofimov’s chest which also found a fracture on his 12th rib.

On 12 May, during a press briefing at the Agency of Information and Mass Communication, Gulom Mirzayev, the Head of the Information Service of the governmental National Centre for Human Rights of Uzbekistan stated that damage caused by unlawful actions as a result or torture or degrading treatment or punishment would be fully compensated by the state. IPHR and AHRCA call on the Uzbekistani authorities to fully compensate Alexander Trofimov for the physical and moral harm he suffered at the hands of law enforcement officials.

The criminal case against Trofimov

Alexander Trofimov alleges that  police officers subjected him to torture and ill-treatment in May 2021 in order to force him to confess to theft. Trofimov maintains his innocence. 

One of his co-accused reportedly stated that he had seen Trofimov for the first time at the inquest and had never communicated with him before.

On 21 November 2021, Alexander Trofimov and his lawyer met with the investigator of the criminal case against Trofimov for the first time in seven months. They learnt that the charge of “theft” was dropped, and that he had instead been charged with “obtaining or selling stolen property” (Article 171 of the Criminal Code) and “failure to report a crime” (Article 241).

In November 2021, by decision of the Sergeli Department for Coordinating Tashkent City Internal Affairs Bodies, the criminal case against Trofimov and the other defendants was closed. The prosecutor's office subsequently appealed this decision and the investigation was resumed.

In April 2022, the investigation into the accusations of theft against Trofimov and his co-defendants was suspended.

*[1] Multispiral computed tomography (MSCT) of the chest organs

There is no excuse — criminalization of consensual sex between men in Uzbekistan is a human rights violation

Read the report in English, Russian, and Uzbek.

The Uzbekistani authorities should swiftly decriminalize consensual sex between men, according to the conclusions of a new report published today by the Association for Human Rights in Central Asia (AHRCA), the Eurasian Coalition on Health, Rights, Gender and Sexual Diversity (ECOM) and International Partnership for Human Rights (IPHR). The groups say that it is imperative for Uzbekistan to make progress toward enshrining its international human rights commitments into law at this time, while a new draft Criminal Code is still under consideration.

Article 120 of the Criminal Code of Uzbekistan punishes consensual sexual relations between men by up to three years’ imprisonment. While an increasing number of countries around the world protect lesbian, gay, bisexual, trans, intersex and queer people from discrimination and have outlawed punishment for same-sex relations, the report Like living on a different planet: Gays, bisexual men and trans people vulnerable to abuse, imprisonment and discrimination in Uzbekistan demonstrates that lesbians, gays, bisexual and trans people (LGBT) in Uzbekistan are at constant risk of serious human rights violations without any possible recourse to justice. Uzbekistan is one of only two former Soviet countries that have not decriminalised homosexuality.

     

In Uzbekistan, the criminalization of consensual sexual relations between men, widespread societal and religious homo- and transphobia, Russian policy influence and anti-Western sentiment amount to a toxic mix for LGBT people. 

         

A young gay man from Uzbekistan summed up the situation of LGBT people in his country: “It’s as if we lived on a different planet, where it is normal to hate, imprison, discriminate and kill people simply for who they are.”

        

“International human rights law makes it very clear that the criminalization of same-sex relations between consenting adults is a human rights violation. United Nations treaty bodies have repeatedly called on Uzbekistan to repeal Article 120 from the Criminal Code,” said Anne Sunder-Plassmann of IPHR.

      

Information submitted to IPHR by the National Centre for Human Rights of Uzbekistan (NCHR) and the Ombudsperson for Human Rights of the Oliy Majlis (Legislative Chamber of Parliament) in January and February 2022 respectively indicates that 36 persons were convicted under the Article in 2021, 25 of them to terms of imprisonment.

     

However, these statistics represent only the mere tip of the iceberg and, in reality, many more people live under the looming threat of Article 120 in their daily lives. Our joint report documents police exploitation of the criminalization of homosexuality and the societal shame associated with it in order to threaten and intimidate gay and bisexual men with imprisonment and to extort money from them in exchange for not opening a criminal case or for not informing his relatives, neighbours or employers of his sexual orientation. The report also documents a pattern of police using torture and ill-treatment against gay and bisexual men in order to punish and humiliate them and to “persuade” them to pay a large bribe to regain their freedom. Under orders from Internal Affairs officials, doctors allegedly frequently conduct anal examinations to detect “evidence” of homosexual intercourse, despite the fact that they amount to ill-treatment and are “futile” and “unscientific”, according to the World Medical Association.

 

Ravshan, a young bisexual man, recalled how police treated him after detaining him: “They suspended me from the ceiling using handcuffs, beat me severely, and tried to rape me with a truncheon.” After that, police officers laid Ravshan on the floor and an officer jumped up and down on his stomach. Ravshan said: “I have never been beaten and intimidated like that in my entire life. I wanted to die to free myself from this torture”. When police threatened to imprison him under Article 120 unless he gave them 2000 USD, he paid up and was released.

 

The report also demonstrates that police often have access to the personal information of gay and bisexual men who are registered at HIV treatment centres.

 

“Gay and bisexual men who turn to HIV centres for treatment cannot be sure that their personal information will stay confidential. We have documented cases where HIV centre staff have informed the police of the man’s sexual orientation, putting him at risk of persecution. This is a violation of the right to privacy and poses a major obstacle to accessing much needed health care”, said Yuri Yourski of ECOM.

             

As if this wasn’t enough, aggressive homophobes frequently seek out gays, bisexual men, trans people and those who promote tolerance toward the LGBT сommunity on social media, threaten them with violence and disseminate their names, contact details and photos on internet-based messaging services with calls to “punish” and kill them. When in danger, these people cannot rely on the police for protection. Reportedly, some aggressive homophobes maintain close relations with homophobic police officers and share information about gays, bisexual men and trans people in order to harm them.

 

AHRCA President Nadejda Atayeva additionally pointed out that “there are cases where police have exploited the fear of being labelled as ‘gay’ by extending the threat of imprisonment under Article 120 beyond gay and bisexual, to heterosexual and pious Muslim men. This is yet another reason why this article, which opens the door to police abuse, has to be repealed.”

 

Additionally, the Uzbekistani authorities severely curtail the right to freedom of expression when it comes to expressions of support for LGBT people and disseminating information about human rights violations affecting them. For example, blogger Miraziz Bazarov was sentenced to three year’s restricted liberty in January 2022 to punish him for peacefully exercising his right to freedom of expression including by voicing solidarity with LGBT people.

His real name is known to the authors of this report but withheld to protect his safety.

       

In recent years, representatives of the Uzbekistani government, the NCHR and the Ombudsperson for Human Rights of the Oliy Majlis (Legislative Chamber of Parliament) have all justified the criminalization of same-sex relations with references to religion, culture, tradition and public opinion, claiming that decriminalization would have negative implications for society and for the country’s reputation in the Muslim world. However, they have failed to acknowledge or address the fact that depriving people of their liberty because of their sexual orientation contradicts the country’s obligations under international human rights law.

 

 

................................

FOR MEDIA ENQUIRIES, PLEASE CONTACT:  

      

Nadejda Atayeva (Russian) 

President, Association for Human Rights in Central Asia (AHRCA)

Tel.: + 33 6 49 38 86 59; 

Email: nadejda.atayeva[x]ahrca.org

 

Yuri Yourski (English, Russian, Ukrainian)

Human Rights Coordinator, Eurasian Coalition on Health, Rights, Gender and Sexual Diversity (ECOM)

Tel.: +372 5397 1573

Email: yuri[x]ecom.ngo

 

Anne Sunder-Plassmann (English, German, Russian)

Research and Publications Consultant, International Partnership for Human Rights (IPHR)

Tel.: +49-40-3863 1458

Email: anne.sunder-plassmann[x]iphronline.org

 

 

 

 

Uzbekistan: Agzam Turgunov continues to be subjected to harassment and intimidation

On 19 April 2022, police came to conduct a search of Agzam Turgunov’s house, but aborted the plan when Turgunov insisted on taking a photo of the search warrant, which contained false information. This is the latest in a series of incidents believed to be aimed at harassing and intimidating the human rights defender and former political prisoner. Association for Human Rights in Central Asia (AHRCA) and International Partnership for Human Rights (IPHR) call on the Uzbekistani authorities to end the harassment and intimidation of Agzam Turgunov and to allow him to continue his human rights work unhindered.

On 19 April 2022, at 09.10 am, several police officers (one in uniform, three in plain clothes) came to Agzam Turgunov’s house to conduct a search while the human rights activist was on his way to the Ministry of Justice for a repeat attempt to register the NGO Human Rights House. Turgunov’s son, who refused the officers entry to the house, sent Agzam Turgunov a message urging him to return home. When Turgunov arrived, he insisted on seeing the search warrant. One of the officers, who introduced himself as an investigator of the Department of Internal Affairs of the Almazar District in Tashkent, handed over the document but immediately tore it out of his hands when Turgunov tried to take a photo.

According to Turgunov, the document contained the human rights defender’s home address, the name of his son, who lives at the same address, and is also a co-founder of Human Rights House, and a reference to the criminal case of a named individual who is unknown to Turgunov’s family and has, according to the warrant, been charged with “creation, leadership, participation in religious extremist, separatist, fundamentalist or other prohibited organisations” (under Art. 244-2).

A few moments later, a police officer allegedly told his colleagues that he had received an urgent call from a senior official with instructions to stop the operation. Then the man turned to Turgunov and said: "Sorry, there was a misunderstanding", after which all four officers quickly left.

This was the latest in a recent series of incidents believed to be aimed at harassing and intimidating Agzam Turgunov. Starting from April this year, Turgunov noticed that he was closely observed by police and that a police car was frequently parked outside his house. Furthermore, in the last few months he has been receiving phone calls from the police asking him about his plans for the day and offering “to accompany him”.

BACKGROUND INFORMATION

Agzam Turgunov served three prison terms in connection with his human rights activism. Most recently, he was released in October 2017 after serving nine years in prison. In 2009 and 2014, the European Parliament had called on the Uzbekistani authorities to release Turgunov along with other political prisoners in Uzbekistan.

Since his release, Turgunov and other activists have repeatedly attempted to register the NGO Human Rights House, but to no avail. The Ministry of Justice’s grounds for rejecting the applications have been unclear and unsubstantiated, indicating that the registration requests were refused on politically motivated grounds. In March 2022, Turgunov received another rejection. He is currently updating the package of documents for filing his tenth application for registration.

The space for civil society to operate remains seriously restricted in Uzbekistan. In May 2020, the United Nations Human Rights Committee raised concern at “the small number of independent self-initiated NGOs registered in the State party, [and] the high number of rejections for registration”. On 4 March 2021, President Shavkat Mirziyoyev approved the “Concept on Development of Civil Society in 2021-2025” and a Road Map for its implementation, setting out measures to address various issues important to civil society organisations. However, the Concept fails to address an issue of central importance for independent civil society groups in Uzbekistan, namely the clarification of procedures and criteria that apply when registering NGOs.

 

Joint statement by members of the Civic Solidarity Platform and other NGOs on the alarming situation in Kazakhstan

We, the undersigned members of the Civic Solidarity Platform (CSP) and other NGOs are extremely concerned about the tense situation in Kazakhstan. In the light of rapidly evolving events, we urge all protesters to refrain from the use of violence and the authorities of Kazakhstan to ensure that all their actions taken in response to the protests strictly comply with their obligations under international human rights law and are aimed at de-escalating the situation peacefully.

The current situation evolved after peaceful protests against rising fuel prices in the town of Zhanaozen spread to several other cities across the country, with thousands of people participating and additional demands being voiced by protestors. On 5 January, clashes ensued in Almaty between law enforcement and security forces and protesters, some of which seized government buildings and other public property, including Almaty airport.

 

Late on 5 January, a nation-wide state of emergency was declared in Kazakhstan following the earlier resignation of the government cabinet and a pledge by President Tokayev to use the ‘’harshest possible’’ measures against the protesters. There were reports of shooting, arson and acts of looting in Almaty at night. Yesterday President Tokayev requested assistance from the Collective Security Treaty Organization (CSTO), a military alliance between six post-Soviet states in order to combat a threat he classified as “terrorist”, and CSTO peacekeeping forces are reportedly already on their way to Kazakhstan.

According to official information, at least 300 people have been injured, and several dozen police officers and protesters have died during clashes. The exact number of casualties and deaths among protesters is unclear at this time, reinforcing concerns about disproportionate use of force. According to the authorities, over 200 persons have been detained so far during the protests across the country, although observers report that the real figure is much higher. According to observers, detainees have been denied access to lawyers and there are serious concerns about the failure to safeguard their right to due process and fair trials. There have been re-occurring internet outages in the country since yesterday and some journalists have reportedly been detained when carrying out their professional obligations. The well-documented pattern of systematic violations of the right to freedom of peaceful assembly in Kazakhstan reinforces our concerns regarding the current situation.

 

As the situation evolves, we continue to monitor the situation closely. We welcome the appeals for restraint and peaceful solutions made by representatives of the EU, OSCE, UN and other international institutions and foreign governments, and call on protesters to refrain from unlawful measures and on the authorities of Kazakhstan to:

 

— Ensure that the fundamental rights and freedoms of all residents are respected at all times, and that the current situation does not escalate into an armed conflict;

 

— Ensure that their response to the ongoing protests is in strict compliance with international human rights standards, in particular that non-violent means are exhausted in each case before the use of force, and that the use of force is proportionate, damage and injury is minimized and human lives protected;

 

— Respect the right of residents to peaceful assembly, freedom of expression and freedom of association and ensure that any restrictions imposed on these rights meet the requirements of international human rights law, including by distinguishing between peaceful and non-peaceful protest participants;

 

— Ensure that cooperation with CSTO forces is carried out strictly within the framework of international law and does not result in human rights violations;

 

— Provide full information about the number of people who have been detained in connection with the protests in the last few days, as well as where they are held, and ensure that they have prompt access to legal assistance, and that their right to freedom from torture and ill-treatment, due process and fair trials are respected;

 

— Provide full figures of the number of protesters who have been injured and killed, and ensure independent, transparent, prompt and effective investigation into these cases, as well as all cases of the use of force by law enforcement authorities and military resulting in casualties with a view to holding any official responsible for the excessive use of force accountable;

 

— Ensure that any measures taken to investigate and prosecute unlawful actions by protestors are in full accordance with due process requirements and Kazakhstan’s international obligations;

 

— Ensure respect of the right to freedom of information and unhindered access to different means of communication, including the internet;

 

— Refrain from detaining journalists who are covering the events as part of their professional duties and ensure the safety of journalists;

 

— Ensure that civil society representatives are able to monitor the situation without hindrance and allow representatives from the National Preventative Mechanism to visit detained protesters;

 

—Fully cooperate with the OSCE and the UN in resolving the current situation.

 

 

Signatories:

Association for Human Rights in Central Asia (France)

Association UMDPL (Ukraine)

Belarusian Helsinki Committee (Belarus)

Bulgarian Helsinki Committee (Bulgaria)

Centre for Civil Liberties (Ukraine) 

Centre for Participation and Development  (Georgia)

Centre for the Development of Democracy and Human Rights (Russian Federation)

Citizens' Watch (Russian Federation)

Crude Accountability (The United States of America)

DRA (Germany)

Foundation of Regional Initiatives (Ukraine)

Freedom Now (The United States of America)

Georgian Centre For Psychosocial And Medical Rehabilitation Of Torture Victims (GCRT) (Georgia)

Helsinki Citizens' Assembly - Vanadzor  (Armenia)

Helsinki Federation for Human Rights (Poland)

Human Rights Centre (HRC) (Georgia)

Human rights center Viasna (Belarus)

Human Rights Center ZMINA (Ukraine)

Human Rights Club (Azerbaijan)

Human Rights Matter e.V. (Germany)

Human Rights Monitoring Institute (Lithuania) 

Human Rights Movement "Bir Duino-Kyrgyzstan"  (Kyrgyzstan)

Hungarian Helsinki Committee (Hungary)

International Partnership for Human Rights (IPHR) (Belgium)

KRF Public Alternative (Ukraine)

Lawtrend (Belarus)

Legal Initiative (Belarus)

Libereco Partnership for Human Rights (Germany)

Macedonian Helsinki Committee (North Macedonia)

Netherlands Helsinki Committee (Netherlands)

Norwegian Helsinki Committee (Norway)

Office of Civil Liberties (Tajikistan)

Promo LEX (Moldova)

Protection of Rights without Borders (Armenia)

Public Foundation Notabene (Tajikistan)

Public organization "Dawn" (Tajikistan)

Public Verdict (Russian Federation)

SOVA Center (Russian Federation)

Swedish OSCE-network (Sweden)

Swiss Helsinki Committee (Switzerland)

Truth Hounds (Ukraine)

Vostok SOS (Ukraine)

CIVICUS

Uzbekistan: Conscript Asadbek Fayzullayev died in suspicious circumstances

Asadbek Fayzullayev, a 20-year-old conscript, died in July 2021 while doing military service at an army unit near the city of Termez in southern Uzbekistan on the border with Afghanistan. The authorities claim that he drowned in the Amuzang Channel in Termez District, but his parents and the man who prepared Asadbek’s body for burial  saw fractures, injuries and bruises on his body which were ignored in the forensic examination conducted after his death.

Association for Human Rights in Central Asia (AHRCA) and International Partnership for Human Rights (IPHR) are concerned at allegations that Asadbek Fayzullayev had suffered severe physical abuse before he died and that army officers have covered up the circumstances of his death. The organizations call on the Uzbekistani authorities to promptly open an effective investigation into the circumstances of Asadbek’s death and the origin of his fractures and injuries, exhume his body, conduct a thorough forensic medical examination, and bring to justice anyone suspected of being responsible for his death and for covering up the circumstances of his death.

Asadbek was drafted into the army in March 2021. He served in military unit no. 9221 in Termez. Asadbek told his mother during visits that several officers were subjecting him to beatings and other forms of hazing and urged her to ask an influential person in their home town to intervene.

On 26 July 2021, Asadbek’s mother received an SMS from an officer from his unit, saying that Asadbek had left the unit to fetch water and has not returned. The next day she and Asadbek’s younger brother drove to Termez, which is located some 500 kilometres south of their home city of Djizak. When they arrived, military officers said they had still not found Asadbek and took them to a hotel in the city. The next morning, on 28 July, three guards who had been stationed outside their room during the night, told the mother and her younger son to go with them. Some ten minutes later an officer reportedly called Asadbek’s mother and told her that his body had been found in the Amuzang Channel.

Asadbek’s mother insisted on seeing her son’s body. Some 15 military personnel stood around the body on the bank of the Amuzang Channel and reportedly tried to prevent her from inspecting it closely. Asadbek was wearing trousers, boots and a watch, information which appears to contradict the version of events subsequently issued by the military that Asadbek and a fellow-soldier had gone to collect water and decided to go for a swim to cool off in the summer heat. Asadbek’s mother, a former surgical nurse, saw dried blood coming from his mouth; a rib on his left side that appeared to be broken and pointing upwards; that his jaw was bruised on the right side and appeared to be dislocated. She took photos and a short video – which the organizations issuing this document have seen - before the military men took the body away for the autopsy.

Later, on 28 July, Asadbek’s mother and brother went to Sukhardarya Regional Prosecutor’s Office in Termez to file a complaint and request an investigation into the circumstances of her son’s death. She also informed the prosecutor’s office that Asadbek had been subjected to hazing and beating at the military unit. Subsequently, the family sent petitions to the Military Prosecutor’s Office and to the Prosecutor General’s Office, urging them to investigate the circumstances of Asadbek’s death.

On 28 July, Asadbek’s body was transferred to his home town of Djizak for burial. Asadbek’s father arrived in Djizak on 29 July from Moscow, where he had been working. He told AHRCA that by the time he arrived it was almost impossible to recognize Asadbek. His body had been wrapped in cellophane, although it was over 40 degrees Celsius in Djizak. There are allegations that this was done to speed up decomposition and make Asadbek’s injuries less visible.

The man who prepared the body for burial told Asadbek’s father that he found Asadbek’s left hand had been cut in half; with three fingers broken on his right hand; the back of his head had an open wound and his hands and legs were bruised.

On 24 August, Asadbek’s parents went to the Military Prosecutor’s Office in Termez where they were reportedly shown the autopsy document for the first time which concluded that Asadbek drowned and had alcohol in his blood. There was no reference to the fractures and injuries on his body.

On 30 August, the Termez Military Prosecutor’s Office turned down the family’s request to open an investigation into Asadbek’s death, stating that he had drowned and there was no evidence of a crime. Asadbek’s parents continued lodging complaints and calling for an exhumation, but to no avail.

 

Uzbekistan: Prisoner Kadyr Yusupov transferred to an open prison colony

Association for Human Rights in Central Asia (AHRCA) and International Partnership for Human Rights (IPHR) welcome the news that the Uzbekistani authorities have finally responded favourably to Kadyr Yusupov’s repeated requests to be moved to an open prison colony. However, we continue to call for his immediate release, in line with the United Nations Working Group on Arbitrary Detention’s (UN WGAD)conclusion issued in May 2021. The WGAD found Yusupov’s detention to be arbitrary and called on the authorities to release him immediately, conduct an investigation into the violation of his rights, and provide him with compensation and reparation.

In the morning of 9 December 2021, Kadyr Yusupov was called to the head of Prison Colony No. 4 in the city of Navoi, in southwest Uzbekistan, and told that he would be transferred to a so-called open prison colony, a facility with a less strict prison regime where he can receive an unlimited number of visits. Yusupov was given a few minutes to collect his belongings, then two prison officers accompanied him to the open prison facility (No. 42) in the Zangiata district of Tashkent region.

BACKGROUND INFORMATION

In January 2020, the Military Court of Uzbekistan sentenced Kadyr Yusupov, a former diplomat to Austria, the United Kingdom and the Organization for Security and Co-operation in Europe, to five and a half years’ imprisonment for treason (Article 157 of the Criminal Code) in a closed trial that fell short of international fair trial standards. The case against Yusupov appears to be based on a statement he made during a psychotic episode in December 2018, when he was being treated by medical personnel following a failed suicide attempt in the Tashkent metro. Whilst in hospital, suffering from brain trauma and clearly confused, Yusupov reportedly said that he had been a spy for the West. Kadyr Yusupov has been detained since December 2018. The former diplomat maintains his innocence.

There are credible allegations that state security officers repeatedly threatened Yusupov in pre-trial detention saying that he, his wife and daughter would be raped unless he confessed to the accusations. Yusupov was also denied essential medication and treatment. He filed complaints about the treatment with relevant government agencies. On 3 June 2019, the Prosecutor General’s Office responded that they did not find any evidence of abuse. There are allegations that the investigation was not conducted thoroughly and impartially. In September and October 2021, Yusupov was reportedly beaten by fellow prisoners in Prison Colony No. 4 in Navoi. On 6 December 2021, Yusupov’s lawyer lodged a new complaint with the Prosecutor General’s Office calling for an investigation into the allegations originating during pre-trial detention and the recent beatings.

On 3 May 2021, the UN WGAD concluded that Yusupov’s detention is arbitrary and called on the authorities of Uzbekistan to release him immediately and provide him with adequate compensation. The working group also raised serious concerns about violations of the UN Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela Rules), including the use of prolonged solitary confinement, “deplorable” prison conditions and denial of access to medication and treatment. Other UN bodies and procedures had also raised concern about Yusupov’s case, e.g., the UN Special Rapporteur on torture and the UN Special Rapporteur on health in a joint letter in July 2019, the UN Committee against Torture in its concluding observations adopted in November 2019 and during discussions at the UN Human Rights Committee review in March 2020.