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) has received new information and requests your urgent intervention in the following situation in Uzbekistan.
New information:
The Observatory has been informed by reliable sources about the sentencing and the acts of ill-treatment faced by Mr. Gaybullo Jalilov, a human rights defender, member of the Human Rights Society of Uzbekistan (HRSU) Karshi regional branch and a defender of the right to freedom of conscience in Uzbekistan.
According to the information received, on September 28, 2010, the Kashkadar Regional Criminal Court upheld in appeal the sentence issued on August 4 against Mr. Gaybullo Jalilov. On August 4, 2010, Mr. Gaybullo Jalilov’s January 2010 sentence was extended by 2 years, 1 month and 5 days by the Kashkadar Regional Criminal Court under Articles 159-3 and 244-2 part 1 of the Criminal Code. This sentence was based on a new witness testimony according to which, on July 16, 2009, Mr. Jalilov would have hosted religious trainings, during which participants took part in studies, watched DVDs containing extremist content and called for Djihad.
Furthermore, according to his family, since the beginning of his detention, Mr Jalilov’s health has seriously deteriorated as he suffers of a nervous breakdown and kidney disease. During the summer 2010, Mr Jalilov reportedly received a heavy blow with a baton in the ear, by a colony warden after he refused to comply with the order to sing with others prisoners the hymn of the Republic of Uzbekistan. It is reported that he became deaf of both ears as a result to this assault. It is also reported that during the September trial session, Mr Gaybullo Jalilov could not understand what was happening as a result of his deafness.
The Observatory denounces the sentencing of and acts of ill-treatment committed against Mr. Jalilov, which seem 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 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.
Background information:
On September 5, 2009, Mr. Gaybullo Jalilov was arrested and accused of conspiracy to blow up the Karshi airport as well as the military base of Khanabad. He was charged of "terrorism", "incitement to national, racial or religious enmity", "infringement against the constitutional system of the Republic of Uzbekistan", "sabotage", "establishment of a criminal association", "production or dissemination of materials constituting a threat to public security and public order", and of "funding, leading and participating in religious extremist, separatist, fundamentalist and other forbidden organisations", under Articles 155, 156, 159, 161, 242 and 244 of the Criminal Code. His whereabouts were unknown until November 6, 2009. On this date, his family and lawyer were allowed to see him in Karshi, Beshkent, in the company of three police officers.
On November 24, 2009, his trial started before the Kashkadar Regional Court under criminal case 1210, initiated by the National Security Service of Kashkadar region on August 26, 2009. The trial was held behind closed doors and none of his relatives were admitted into the courtroom. The trial was postponed several times and Mr. Jalilov’s lawyer was only informed of the hearing late in the evening the day before and, as a result, could not attend the trial.
On January 18, 2010, Mr. Gaybullo Jalilov was sentenced to nine years in prison by the Kashkadar Regional Criminal Court for "establishment of a criminal association", "production or dissemination of materials constituting a threat to public security and public order" and "founding, leading and participating in religious extremist, separatist, fundamentalist and other forbidden organisations" under Article 159 part 3, 244.1 part 3 and 244.2 part 1 of the Criminal Code of the Republic of Uzbekistan.
Actions requested:
Please write to the authorities in Uzbek authorities, urging them to:
i. Guarantee in all circumstances the physical and psychological integrity of Mr. Gaybullo Jalilov;
ii. Put an end to all acts of harassment - including at the judicial level - against Mr. Gaybullo Jalilov as well as against all human rights defenders in Uzbekistan and ensure in all circumstances that they be able to carry out their work without unjustified hindrances;
iii. Immediately release Mr. Gaybullo Jalilov as his detention is arbitrary as it seems to merely aim at sanctioning his human rights activities;
iv. 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”;
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, 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.