Arbitrary detention and prosecution of Mr. Gaybullo Jalilov

08/12/2009
Urgent Appeal

The Observatory has been informed by reliable sources about the arbitrary detention and prosecution of Mr. Gaybullo Jalilov, a member of the Human Rights Society of Uzbekistan (HRSU) Karshi regional branch and a defender of the right to freedom of conscience in Uzbekistan.

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.

According to the information received, on November 24, 2009 began the trial before the Kashdakar Regional Court of Mr. Gaybullo Jalilov under criminal case 1,210 initiated by the National Security Service of Kashdakar region on August 26, 2009. The trial was held behind closed doors and no relatives were admitted to the courtroom. On November 25, the trial resumed for half an hour and was postponed to November 26 but did not take place. It was then postponed to December 1, 2009, however it was postponed again and, according to the last information received, as of issuing this urgent appeal, no further hearing has taken place.

Mr. Gaybullo Jalilov was arrested on September 5, 2009 and accused of conspiracy to blow the Karshi airport as well as the military base of Khanabad. Mr. Jalilov faces the charges of "terrorism", "incitement of national, racial or religious enmity", "infringement against the constitutional system of the Republic of Uzbekistan", "sabotage", "organisation of criminal association", "production or dissemination of materials constituting a threat to public security and public order", and of "founding, leading and participating in religious extremist, separatist, fundamentalist and other forbidden organisations", under Articles 155, 156, 159, 161, 242 and 244 of the Uzbek Criminal Code. His whereabouts were unknown until November 6, 2009. On that date, his family and lawyer were allowed to see him in Karshi, Beshkent, in the company of three police officers.

According to his family, Mr. Jalilov’s health has seriously deteriorated in detention as he suffers of depression and kidney disease. In addition, his family was reportedly not informed at least until November 19, 2009 of his place of detention, of the reasons of his detention, nor of the status of the proceedings launched against him.

The Observatory condemns the lack of respect for due process in the proceedings faced by Mr. Jalilov and his arbitrary detention, which seems to stem from fabricated charges and to merely aim at sanctioning his human rights activities. The Observatory also expresses its deepest concern at the deterioration of Mr. Jalilov’s health in detention.

The Observatory recalls that as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), Uzbekistan 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".

The Observatory further urges the European Commission Delegation as well as European Union (EU) Member-States embassies in the Uzbekistan to call upon the Uzbek authorities to comply with the relevant international norms and standards, in particular the United Nations Declaration on Human Rights Defenders, and take action on the above-mentioned elements, in line with the EU Guidelines on Human Rights Defenders.

Actions required:

Please write to the Uzbek authorities urging them to:

i. Guarantee the physical and psychological integrity of Mr. Gaybullo Jalilov;

ii. Guarantee that Mr. Gaybullo Jalilov receives adequate medical care;

iii. Release Mr. Jalilov immediately and unconditionally, since his detention is arbitrary and only aims at sanctioning his human rights activities;

iv. Put an end to all acts of harassment - including at the judicial level - against Mr. Jalilov as well as all human rights defenders in Uzbekistan and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;

v. Grant Mr. Jalilov a fair trial and guarantee his procedural rights at all times;

vi. Conform with the provisions of the United Nations Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels" and its Article 12.2, which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and 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";

vii. Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uzbekistan.

Addresses :

· President of Uzbekistan, Mr. Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 1395325, E-mail: presidents_office@press-service.uz

· Minister of Foreign Affairs, Mr. Vladimir Imamovich Norov, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17, E-Mail: info@tiv.uz

· Head of the Directorate of Execution of Sentences, Ministry of Internal Affairs, Mr. Abdukarim Shodiev, Ferganskoe shosse, 25, 700005 g. Tashkent, Republic of Uzbekistan. Fax: +998 71 1916835. Email: mvd@mvd,uz / info@mvd.uz

· Parliamentary Commissioner for Human Rights, Ms. Sayora Rashidova, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55

· Chairman of the Supreme Court of the Republic of Uzbekistan, Mr. Buritosh Mustafaev, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan, Fax: + 998 71 144-62-93

· General Prosecutor of the Republic of Uzbekistan, Mr. Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17 / 133 73 68

· National Centre for Human Rights, Senator Akmal Saidov, Natsionalny tsentr po pravam cheloveka, 5/3, Mustakillik Maidoni, g. 700029 Tashkent, Republic of Uzbekistan. Fax: + 998 71 139 13 56 / 45 16

· Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva, PO Box 1853, 1215 Geneva 15, Switzerland, Fax: +4122 799 43 02, E-mail: uzbekistan@bluewin.ch

Please also write to the diplomatic representations of Uzbekistan in your respective countries.

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