The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Uzbekistan.
Description of the situation:
According to the information received, on December 6, 2008, the ten human rights defenders were arrested for organising a demonstration near the Prosecutor’s office building in Tashkent on the occasion of the 60th anniversary of the Universal Declaration of Human Rights and to mark the anniversary of the adoption of the Uzbek Constitution. They were demanding the release of all human rights defenders, political prisoners, journalists and Muslims who remain arbitrarily detained, as well as the end of persecutions on religious grounds.
The demonstration lasted for about half an hour, during which Mr. B. Zairov, deputy head of the office of the General Prosecutor, came to see the demonstrators with one of his colleague and took note of their requests. Ms. Koutepova and Ms. Bajenova were invited to come to the Prosecutor’s office for a discussion. Soon after the dispersal of the demonstrators, Mr. Volkov, Ms. Kutepova, Ms. Dovlatova and Ms. Bajenova were surrounded by policemen. Ms. Kutepova and Ms. Bajenova were physically forced by policemen to get into a car, while Mr. Volkov, Ms. A. Kim, Ms. Dovlatova and Mr. Sarapulov were "invited" by the police to sit in a car driving them to the police station. The assistant of the office of the Chief of the counter-terrorism department, Mr. Ilias Mustaphaiev, took Mr. Mukhitdinov, Ms. Baymatova, Ms. Tuychieva and Ms. Urlaeva, Chairwoman of the Uzbek Human Rights Alliance, to the same place.
According to the same information received, the ten human rights defenders were detained at the police station from 11.45 a.m. to 3.30 p.m. and were not able to have lunch despite some of them suffering from diabetes and hypertonia. They were then taken to the Mirzo-Ulugbek tribunal of Tashkent, where several rules of procedure were violated: the trial took place on a weekend day, the ten defenders were not notified of their rights and were denied the right to call their relatives and lawyers, no enquiry took place, the minutes were drafted in Uzbek language which most of the defenders do not understand and the latter were forced to sign it.
At the end of a summary hearing, in the course of which the presiding judge asked them how much they were paid for organising demonstrations, who paid their trips abroad, and why they were demanding the release of "wahabbites", the ten defenders were sentenced to a fine of "ten minimum salaries", e.g. 285,000 soms (the equivalent of 210 USD), reportedly for "organising an unlawful rally" and "resisting arrest".
The Observatory expresses its deepest concern with this blatantly unfair decision, which is further evidence that the Uzbek authorities are determined to silence any dissenting voice in the country.
The Observatory recalls that in accordance with Article 11 of the European Union (EU) Guidelines on Human Rights Defenders, the EU missions in Uzbekistan shall urge Uzbek authorities to comply with the relevant international norms and standards and, in particular, the UN Declaration on Human Rights Defenders in order to create an environment where human rights defenders can operate freely.
In addition, as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), the Observatory recalls that Uzbekistan acknowledges that "the [1998] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", and recognises "the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States"[1].
Action requested:
Please write to the Uzbek authorities and ask them to:
i. Grant the ten above-mentioned defenders a fair trial should they appeal their sentencing;
ii. Put an end to any act of harassment - including at the judicial level - against the ten above-mentioned defenders as well as against all human rights defenders in Uzbekistan;
iii. Comply with the provisions of the Declaration on Human Rights Defenders adopted by the UN General Assembly on December 9, 1998, in particular Article 1, which states that "everyone has the right, individually or collectively, to promote the protection and fulfilment of human rights and fundamental freedoms at the national and international levels", as well as Article 12.2, which provides that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
iv. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights instruments ratified by Uzbekistan.
Addresses:
· Mr. Bahodir Matliubov, Minister of Internal Affairs, Ministerstvo vnutrennikh del RU; ul. Junus Rajabiy 1; Tashkent 700029, Uzbekistan. Fax: + 998 71 233 89 34; Email: mvd@mvd.uz, info@mvd.uz, secretariyat@mvd.uz
· Mr. Alisher Sharafutdinov, Deputy Prosecutor General, Prokuratura Respubliki Uzbekistan; ul. Gulyamova 66; Tashkent 700047, Uzbekistan. Fax: + 998 71 233 39 17/ 133 73 68; Email: prokuratura@lawyer.com
· Mr. Vladimir Norov, Minister of Foreign Affairs, Ministerstvo inostrannykh del RU; pl. Mustakillik, 5; Tashkent 700029, Uzbekistan. Fax: + 998 71 139 15 17
· Head of the Nukus City Department of Internal Affairs (police), Glave GOVD, Gorodskoi Otdel Vnutrennikh Del, ul. Biruni, g. Nukus, AR Karakalpakstan, Uzbekistan.
· H.E Ms. Goulnora Karimova, Ambassador Extraordinary and Plenipotentiary, Permanent Mission of Uzbekistan to the United Nations in Geneva, International Centre Cointrin (ICC), Bloc G (7th Floor), Route de Pré-Bois 20, 1215 Geneva 15, Switzerland. Fax: +41 22 799 43 02. Email: uzbekistan@bluewin.ch
· H.E. Ms. Goulnora Karimova, Ambassador, Permanent Mission of the Republic of Uzbekistan to the United Nations Office and other International Organisations in Geneva, International Centre Cointrin (ICC), Bloc G (7th Floor), Route de Pré-Bois 20, 1215 Geneva 15, Switzerland. Fax: +41 22 799 43 02. Email: uzbekistan@bluewin.ch
Please also write to the diplomatic representations of Uzbekistan in your respective countries.
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Paris - Geneva, December 11, 2008
Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of human rights defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
Tel and fax FIDH: +33 (0) 1 43 55 20 11 / 33 (0) 1 43 55 18 80
Tel and fax OMCT: + 41 (0) 22 809 49 39 / + 41 (0) 22 809 49 29
Email: Appeals@fidh-omct.org
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UZB 003 / 1208 / OBS 212
Arbitrary detention / Sentencing
Uzbekistan
December 11, 2008