Arbitrary detention and judicial harassment faced by Mr. Akzam Turgunov - UZB 002 / 0908 / OBS 153

18/09/2008
Urgent Appeal

The Observatory has been informed by reliable sources about the arbitrary detention and the judicial harassment faced by Mr. Akzam Turgunov, executive director and founder of "Mazlum" human rights center, a Tashkent-based human rights organisation, which defends the rights of political prisoners of conscience. In addition, Mr. Turgunov has served as a public defender in trials throughout Uzbekistan, including many in Karakalpakstan, in cases involving human rights violations.

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.

Brief description of the situation:

According to the information received, on September, 4, 2008, the Amudarya District Court, in Nukus, in Karakalpakstan, started the trial of Mr. Turgunov, which resumed on September, 16, 2008. Mr. Turgunov had been arrested on July 11, 2008 by the police in Manget, Karakalpakstan, on suspicion of extortion of money, under circumstances that seemed to have been staged to frame him and sanction him for his human rights activities. Mr. Turgunov is prosecuted pursuant to Article 165, Part 3, of the Uzbek Criminal Code and faces a prison sentence of up to 15 years.

Furthermore, according to Mr. Turgunov’s public defender, on July 14, 2008, during his detention in the Nukus town police detention centre, he was taken to an investigator’s office and someone poured boiling water down his neck and back, causing severe burns. On July 22, 2008, Mr. Turgunov’s lawyer filed a request to the Prosecutor’s Office to investigate the ill-treatments. On September 16, 2008, the Amudarya District Court admitted the request and ordered a medical expertise. The tribunal will schedule the next hearing after transmission of the medical expertise report.

The Observatory expresses its deep concern about to Mr. Turgunov’s arbitrary detention and judicial harassment, as it seems to merely sanction his human rights activities, and calls upon the Uzbek authorities to release him immediately and unconditionally.

Action requested:

Please write to the Uzbek authorities and ask them to:

i. Take all necessary measures to guarantee, in all circumstances, the physical and psychological integrity of Mr. Turgunov;

ii. Release immediately and unconditionally Mr. Turgunov since his detention is arbitrary as it merely aims at sanctioning his human rights activities;

iii. Conduct a fair and impartial investigation into the above-mentioned allegations of torture and ill-treatment in order to identify all those responsible, bring them before a competent and impartial tribunal and apply to them the penal, civil and/or administrative sanctions provided by the law;

iv. Put an end to any act of harassment - including at the judicial level - against Mr. Turgunov as well as against all human rights defenders in Uzbekistan;

v. 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";

vi. 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. Islam Abduganiyevich Karimov President of Uzbekistan, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Uzbekistan. Fax: +998 71 133 1395325. E-mail: presidents_office@press-service.uz

* Mr. Bahodir Matliubov, Minister of Internal Affairs; ul. Junus Rajabiy 1; Tashkent 700029, Uzbekistan. Fax: + 998 71 233 89 34. Email: mvd@mvd.uz, info@mvd.uz, secretariyat@mvd.uz

* Mr. Rashidjon Hamidovich Kodirov, General Prosecutor of the Republic of Uzbekistan, ul. Gulamova 66, 700047 Tashkent, Uzbekistan. Fax: +998 71 133 39 17. E-mail: prokuratura@lawyer.com

* Mr. Vladimir Norov, Minister of Foreign Affairs, pl. Mustakillik, 5; Tashkent 700029, Uzbekistan. Fax: + 998 71 139 15 17. E-mail: rnews@mfa.uz

* Ms. Sayora Rashidova, Parliamentary Commissioner for Human Rights, ul. Xalqlar Dostligi 1, 700035 Tashkent, Uzbekistan. Fax: +998 71 139 85 55. E-mail: office@ombudsman.gov.uz

* Senator Akmal Saidov, Natsionalny Tsentr po pravam cheloveka / National Centre for Human Rights, Mustakillik Maidoni 5/3, 700029 Tashkent, Republic of Uzbekistan Fax: + 998 71 139 13 56 / 45 16, E-mail: office@nchr.uz

* 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

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

***

Geneva - Paris, September 18, 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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