The Observatory has been informed by reliable sources about the hearing in appeal of Mr. Farhodon Mukhtarov, an active and long-standing member of the Human Rights Alliance of Uzbekistan.
According to the information received, on November 20, 2009, the hearing in appeal of Mr. Farhodon Mukhtarov began before the Tashkent City Criminal Court, and will resume on December 3, 2009. During the appeal hearing, several plaintiffs withdrew their claims against Mr. Mukhtarov.
The Observatory therefore calls for the full respect of fair trial standards for Mr. Farhodon Mukhtarov in appeal, and expresses its deepest concern about the judicial harassment against Mr. Mukhtarov, which seems to stem from fabricated charges and to merely aim at sanctioning his human rights activities.
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 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.
Background information:
On July 17, 2009, Mr. Farhodon Mukhtarov was arrested at the District Prosecutor’s office as he was in the premises to submit a statement and a complaint against illegal actions carried out by police officers and investigator Boymatov. The Prosecutor decided to report his visit to the police station, which came to arrest him directly at the Prosecutor’s office.
Mr. Mukhtarov was arrested on the basis of complaints made by Ms. Shoira Sadykbekova, Ms. M. Karimova, Mr. A. Eshanov, and Ms. V. Bikbulatova. Ms. Sadykbekova accused Mr. Mukhtarov of misappropriating five million som (roughly US $3320) she had allegedly given him to represent her interests in civil proceedings in 2006, saying he had used this money to bribe the judge. The other plaintiffs accused him of misappropriating large sums of money allegedly given to him as deposits to buy apartments from him. He was charged with fraud and bribery by the Yunusabad District Prosecutor’s office.
On October 2, 2009, following a trial that fell short of fair trial requirements, Mr. Farhodon Mukhtarov was sentenced to five years in prison by the Yunusabad District Criminal Court for "fraud" (under Article 168-3 of the Uzbek Criminal Code) and "bribery" (under Article 28-211-2). He had pleaded not guilty to the accusations.
At the end of May 2009, Mr. Mukhtarov had already been briefly detained after a complaint had been reportedly filed against him by another Uzbek citizen, apparently for fraud, under Article 168, Part 2, paragraph A of the Uzbek Criminal Code. However, the authorities had refused to let him view the complaint.
Mr. Mukhtarov had also been arrested in 2006 and later released following the mobilisation of the Human Rights Alliance and diplomats, and his flat was arsoned at the end of 2008.
Actions required:
Please write to the Uzbek authorities urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Farhodon Mukhtarov;
ii. Release Mr. Farhodon Mukhtarov immediately and unconditionally, since his detention is arbitrary as it only aims at sanctioning his human rights activities;
iii. Put an end to all acts of harassment - including at the judicial level - against Mr. Farhodon Mukhtarov as well as all other human rights defenders in Uzbekistan;
iv. 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 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";
v. 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 71 133 1395325, E-mail: presidents_office@press-service.uz
· Minister of Foreign Affairs, Mr. Elyor Majidovich Ganiev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17
· Parliamentary Commissioner for Human Rights, 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, Ubaydulla Mingbaev, 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, Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17 / 133 73 68, E-mail: prokuratura@lawyer.uz
· National Centre for Human Rights, Senator Akmal Saidov Natsionalny tsentr po pravam cheloveka, 5/3, Mustakillik Maidoni, g. Tashkent, Respublika Uzbekistan. 700029, Fax: + 998 71 139 13 56 / 45 16
· Ambassador of the Republic of Uzbekistan, 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.