Dear Mr. Karimov,
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), was informed that Messrs. Ikhtiyor Khamroev [1], member of the Human Rights Society of Uzbekistan (HRSU) Djizak region branch, and Saidjakhon Zaynobitdinov [2], head of the human rights organisation "Appeal", former head of HRSU Andijan region branch, were released respectively on February 2 and 4, 2008. These releases followed the order of the Main Directorate of Administrating Punishment under the Interior Ministry of Uzbekistan, on the basis of the amnesty decision adopted by the Uzbek Senate on November 30, 2007. The Observatory was also informed that Mrs. Umida Niyazova [3], journalist for Internews and human rights defender, also benefited from the amnesty on February 2, 2008. Mr. Bakhodir Mukhtarov, member of the HRSU Samarkand region branch, was released on November 23, 2007, a few days ahead of the entry into force of the amnesty decision [4].
The Observatory welcomes the release of the above-mentioned human rights defenders, but recalls that several human rights defenders remain detained because of their human rights activities. Among them are:
· Mr. Azam Formonov, head of the HRSU Syrdarya region branch, arrested on April 29, 2006, sentenced on June 16, 2006 to nine years’ imprisonment by the Yangiyar city court on criminal charges, and currently detained at the colony UYa 64/71 (Djaslyk, Karakalpak Republic);
· Mr. Alisher Karamatov, head of the HRSU Mirzaabad district branch, arrested on April 29, 2006, sentenced on June 16, 2006 to nine years’ imprisonment by the Yangiyar city court on criminal charges, and currently detained in the colony UYa 64/49 (Karshi, Kashkadarya region);
· Mr. Nasim Isakov, member of the HRSU Djizak region branch, arrested on October 27, 2005, sentenced on December 20, 2006 to eight years’ imprisonment by the Djizak city court and currently detained in the colony UYa 64/3 (Tavaksay settlement, Tashkent region);
· Mr. Djamshid Karimov, member of the HRSU Djizak region branch, arrested on September 22, 2006, sentenced on September 22, 2006 to 3 years’ confinement in a psychiatric hospital by the Djizak city court;
· Mr. Rasulev Yuldash, member of the HRSU Kashkadarya region branch, arrested at the end of April 2007, sentenced in October 2007 to 10 years’ imprisonment;
· Mr. Zafar Rakhimov, member of the HRSU Kashkadarya region branch, arrested in Karchi at the end of April 2007, sentenced in October 2007 to six years’ imprisonment;
· Ms. Mutabar Todjibaeva, head of the human rights organisation "Burning Hearts’ Club", arrested on October 7, 2005, accused of violating 17 articles of the penal code and sentenced by the Dustabad district court (Tashkent region) to 8 years’ imprisonment. She is currently detained at the women’s colony UYa 64/7 (Tashkent). Her health has been seriously deteriorating and she urgently needs medical treatment;
· Mr. Norboy Kholjigitov, member of the HRSU Ishtikhan region branch, arrested on June 4, 2005, sentenced on October 18, 2005 to 10 years’ imprisonment by the Djizak city court and currently detained in the colony UYa 64/49 (Karshi);
· Mr. Sattor Irzaev, head of the HRSU Ishtikhan district branch, arrested on June 4, 2005, sentenced to 10 years’ imprisonment by the Samarkand regional court and currently detained in the colony UYa 64/49 (Karshi);
· Mr. Habibulla Akpulatov, member of the HRSU Ishtikhan district branch, arrested on June 4, 2005, sentenced on October 18, 2005 to six years’ imprisonment by the Samarkand regional court;
· Mr. Ulugbek Kattabekov, Head of the "Ezgulik" branch in the Zaamin district (Djizak region), arrested in 2005, sentenced by the Djizak city court to three years’ imprisonment;
· Mr. Abdurasul Abdunazarov, head of the "Ezgulik" branch in Angren (Tashkent region), arrested in 2005, sentenced by the Angren city court to six years’ imprisonment;
· Mr. Mamaradjab Nazarov, head of the "Ezgulik" branch in the Zarbdor district (Djizak region), arrested in June 2006, and sentenced by the Djizak city court to five years of imprisonment;
· Mr. Karim Bobokulov, deputy head of the "Ezgulik" branch of the Syrdarya region, arrested on October 23, 2007. His trial was ongoing as of December 10, 2007;
· Mr. Mukhitdinov Dilmurod, head of the human rights society "Ezgulik" in the Markhamat district of Andijan region, arrested in July 2005 and sentenced on January 12, 2006 by the Chirchik city court (Tashkent region) to five years of imprisonment.
According to Articles 1 and 2 of the amnesty decision, women, persons over 60 years old or under 18 years old at the time of the sentencing, as well as persons who "committed involuntary offenses or offenses that do not endanger public security" shall be released, together with "those who were suffering from serious diseases one year at least before the entry into force [of the amnesty decision]" (Article 3) and "those who expressed their intention to "correct their behaviour", and were sentenced for the first time to less than 10 years’ imprisonment for taking part in illegal organisations and/or for developing activities "endangering public security" (Article 5) [5].
Accordingly, the Observatory calls upon your administration to:
· Release immediately and unconditionally the above-mentioned defenders, as well as all human rights defenders in Uzbekistan;
· Refrain from undertaking further acts of harassment, including judicial harassment, against human rights defenders in Uzbekistan;
· Conform with the provisions of the UN 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 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";
· Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uzbekistan.
The Observatory also points out that many human rights defenders who were amnestied in 2005, among them Messrs. Abdugafur Dadaboev, head of the NGO Ezgulik for the Andijan region, and Musajon Bobojonov, an independent journalist and human rights defender, remain under constant surveillance by the authorities, their moves and phone conversations being constantly monitored.
The Observatory therefore also urges your administration to refrain from harassing human rights defenders that benefited from the amnesty in the past.
In the hope that you will take this submission into consideration,
We remain,
Souhayr BELHASSEN, President of the FIDH
Eric SOTTAS, Director of the OMCT
Cc.
· Minister of Foreign Affairs, Mr. Vladimir Norov, Fax: + 998 71 139 15 17
· Parliamentary Commissioner for Human Rights, Ms. Sayora Rashidova, Fax: +998 71 139 85 55
· National Centre for Human Rights, Senator Akmal Saidov, Fax: + 998 71 139 13 56 / 45 16
· Ambassador of the Republic of Uzbekistan in Brussels, Fax: + 32 2 672 39 46
· Ambassador of the Republic of Uzbekistan, Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva, Fax: +4122 799 43 02
· UN Special Representative of the United Nations Secretary General on Human Rights Defenders, Ms. Hina Jilani, Fax: +41 22 917 9006
· Ambassador Christian Strohal, Office for Democratic Institutions and Human Rights of the Organisation for Security and Cooperation in Europe, Fax: +48-22 520 06 05.