HUMAN RIGHTS SOCIETY OFUZBEKISTAN
«EZGULIK»
ANALYTIC
REPORT ON THE SITUATION WITH HUMAN RIGHTS IN THE REPUBLIC OF UZBEKISTAN FOR THE YEAR 2009
TASHKENT 2009
CONTENTS:
1. THE RIGHT OF SANCTIONS WERE TRANSFERRED TO THE COURT AND WHAT HAS CHANGED BY NOW
2. UZBEKISTAN IS A COUNTRY WHERE THE RELIGIOUS GROUPS ARE REPRESSED
3. CHILD LABOUR IS ACTUALLY UNSOLVABLE PROBLEM IN UZBEKISTAN
4. TORTUREIS A PRODUCT OF REPRESSIVE POLICIES OFGOVERNMENT AND CORRUPTION
5. OUR VALIANT POLICE!
6. NO FREEDOM FOR UNDESIRABLE!
7. THE COMMON MISCHIEF OR WHAT IS THE PROBLEM: THOSE WHO COMMAND OR THOSE WHO EXECUTE?
8. BLOOD FOR BLOOD SOUL FOR SOUL
INTRODUCTION
The present analytic reportbrings to your attentionwhich incorporates individual cases of the encroachment of human rights, violations of the civil and political rights of individuals in our country. The Human Rights Society of Uzbekistan “Ezgulik” behavior investigation and analysis of these facts was reducing to various instances of government officials, law enforcement and government agencies. The Society was unable to get satisfactory answers from the majority instances. In some cases the Society was put under pressure from corrupt circles, as well as some heads of state power, who abusing ownofficial position. We are hope that this brief conclusion makes if not minor at least important contribution to the coverage of the situation on the democratic and human rights in our country.
Most of these cases studied by our activists’shows that the judicial-legal system of country is depressed situation. Confirmation of such a bleak pattern are such facts as the prejudicial inquiry conducting and interrogation under tortures; does not guarantee the openness of the inquiry and questioning, concealed conduction of at-trial procedures at religious prisoners; augmentation of the additional terms to set time on several years. That’s all facts are became practice nowadays. In below press releases and speeches of the Society has recognized that management of the Government has come to a paralysis state, in the power structures are flourishing corruption and organized crime, the mechanism of human resources policies into practice has not been developed.
In this research, as the command basis was adopted the supremacy requirements of national legislation of the Republic of Uzbekistan. In particular, it was recognized that the most of the series of enforceable demands had been violating byarticles№24, 40, 41, 43, 44 and 49 of the Criminal-Procedure Code, the articles№26, 116 of the Basic Law is the Constitution of Uzbekistan, the article №7 of the Universal Declaration of Human Rights and the International Convention against torture, violence and other inhumane acts. Expressing briefly, the above legal norms are reflect the issues of protection against cruel treatment regarding to the human rights, his honor, dignity and freedom.
We would like to see you, dear reader, when you will in sighting of this report please let payundivided attention to cited therein each occurrence with the standpoint of social, political and legal sides. Also you can express your opinion and proposition through the public work departments of the Society’s activists. We are grateful for your views aboutthis report form and its direction, mainly about the real issues that was remained outof our viewing field.
Please contact the central office of the Society “Ezgulik” with questions and for obtaining a print version of report at the following address: Tashkent city, 7, Navoi street, office № 418
phone: (998-712) 240-68-29, 241-85-88, (998-71) 131-48-72
e-mail:
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In case of reprint the reference to the source is required.
1. THE RIGHT OF SANCTIONING PRE-TRIAL ARREST WAS TRANSFERRED TO THE COURT AND WHAT HAS CHANGED
Nowadays conception finally has shaped that the Court is an independent branch of government. Without undue comment might say that the practical effectiveness and the form of circumstances in different countries are various. Courts of USA and the democratic West with a long-term experience and good practicewill notarising any problems on the current issue. Courts of Uzbekistan from theoretical point of view are going by democratic way. At the article №11 of the Constitution of Uzbekistan has allocated the state power is divided into three branches. And the activity of each branch is independent from each other.
According to researchers the idea of separation of the judiciary from the legislative and executive branches of government, providing it as an independent branch of government arose in ancient times. The philosophers of thatperiod areunderscoredto a number of mandatory features which inheriting by this theory. In compliance with these features, inside of the state has going the independent elements which does implement specific functions. As noted abovethe situation in Uzbekistan is exactly thus by theory. However in practice, you can see the opposite pattern. All of three independent branches of government have been following by an authoritarian leader and his team, because country is authoritarian.
For example, an announcement of Habeas Corps reform, i.e. transferring of permission’s arrest to courts from the prosecutor's office. One of the important moments of an independent judiciary is the question about realizing arrest a man who they want to limit his freedom. In accordance withthe requirements of reform, the question of restrainting a person of liberty must be resolved in open sitting of a court, with the participation of the parties and the process has bearing a free social character. How did the requirements of the Law of the Republic of Uzbekistan have realizing on practice (LRU-№100) «On making additions and changes to legislation in connection with the transfer issue arrest warrants to the courts»? Consider this process as an example the arrest of three well-known representatives of civil society.
► Usmonov Kushodbek was born in 1946 in Andijan region. Nationality is Uzbek and citizen of Uzbekistan. On 5th of January, 2009 year was announcedin absent warrants by chairmanRakhimov Rakhmatulla of Andijan city court on criminal cases. On January 10, 2009 Usmonov Kushodbek was arrested on suspicion of committing crimes by articles №139 and №277 of the Criminal Code of the Republic of Uzbekistan. Later by verdict Asaka district court on criminal cases,he was sentenced to 6 months imprisonment.
Please take note of thechanges about the transfer of the courts powers to arrest, this action is performed by judge of first instance at the place of the crime. These instancesare deciding the question of restraint measures against the accused. Firstly, allegedly of Usmanov K. litigation related to his arrest is illegal, precisely because to the Andijan city court he has no relations. Secondly, the definition wasdecreedin absentia. Thirdly, the right of identity protection is not provided. This implies the attorney of Asaka district Akmal Karimov and investigator of prosecutor’s office Valiev Alisher are retrieval of the accused who was at home purposely to illegally imprison him. Thus, they are misled the court to obtain an arrest warrant. And the court succumbed to this provocation and violated the requirements of the Habeas Corps. The defendant Usmonov K. has been appealed to the courts at various levels by this definition. The arrest is absolute because today we have not the precedent of jail release.That is why the complaints has considered superficial and the restraint measure was remained unchanged. Usmonov Kushodbek was released after six months' imprisonment of the investigation and courts. Currently he is engagingto restore violated rights in the higher courts.
In accordance with the criminal case, Usmonov Kushodbek allegedly have been slandered the police captain Kosimov Khabibullo and insulted his honor and human dignity. He made ruffian acts against son of the younger brother of and inflicted bodily injury.
► Saidov Dilmurod was born in 1962 inTashkent. Nationality is Uzbek, citizen of the Republic of Uzbekistan. On 22nd of February 2009 at the trial of the Samarkand City Court on Criminal caseschaired by Judge T. Toshev have been considered the issue of restraint of liberty of Saidov D. on suspicion of crimes specified in part 2 of article №165 and part 1 of article №228 of the Criminal Code of the Republic of Uzbekistan. Though requirements of the accused,Saidov’s advocate Komilov Rukhiddin was not invited to the judicial sitting by trial. Thus, has been violated defendant's right to protection. Acting unlawfully, the court to show the right to defense of Saidov D., in definition assigned Koraboev’s A. name. Although nor Saidov D., nor his relatives did not know Koraboev A. and didn’t hire him as an advocate.
Except as dry prosecutor's demand, at the court process do not provided any documents, any material evidence and serious allegations about Saidov’s D. deprivation of freedom. Though Saidov’s D. demands, he does not given a word and he does not afforded to give the right of defence.The reclaiming note complained on the current definition of a court by advocate Rukhiddin Komilov was rejected by the Samarkand regional court on criminal cases. The advocate was clarified that complain of a reclaiming note to the Supreme Court suchas this Definitions are extralegal (!). Actually the fact of arrest’s Saidov D. by the Department to strafing with tax and currency crimes and legalization of illegal proceeds and Samarkand regional prosecutor's office is wrong.
Saidov D. was arrested on the evidence of Jurayeva Marguba who already arrested by the Department. The innocence of the journalist was proved during the trial on the question of deprivation of liberty holding under the chairmanship of Judge Toshev T. During the trial Jurayeva Marguba has changed her testimony that she gave during the preliminary interrogations. She claimed at that time she was drunk.
In accordance with the materials of the criminal case, a citizen Jurayeva Marguba allegedly joined in a criminal conspiracy with Saidov D. They wrote complaints to various authorities on the chairman of MMTP “Farovon hayot yuli” Urinboyev Asliddin and the ex-chairman of the collective farm “Uzbekistan” of Boymurodov Saidullo to occupy their property. Jurayeva Marguba was arrested by officers of the Department at the time when by fraud she has received from Urinboeva Asliddin 10 000 USAdollars.
► Isokov Abduvali was born in 1963 year in the Kuvin district of Ferghana region. He worked as an advocate at the law firm "Feruzbek-MK". Fifth of March 2009 year he was arrested by Ferghana regional administration of the National Security Council. He was arraigned by articles №168 and№211 of the Criminal the Republic of Uzbekistan by prosecutor's office. The issue of restraint of detention had been resolved by Ferghana city court on criminal cases. Practice of the Corps Habeas provides that when determining sanctions in the form of detention, the court ensured the right to protection. However during the trial no request, no demand of advocate was not satisfied. The regional prosecutor was attending as a government lawyer. There is irrefutable evidence that the trial was unfair. The adoption at the hearing of the facts gathered during the preliminary questioning; do mismatch to the requirements of the laws.
Abdullayeva Dilrabokhon was attracted to investigative actions of the Regional Department of Internal Affairs of Kuvin district on accusation by article №131 (Pandering) of the Criminal Code of Uzbekistan. Isokov Abduvali appropriated Abdullayeva’s D. cashes in pretence of "... I'll give the judge". In fact, in accordance with the contract between an advocate and client, Isokov Abduvali has received 500USA dollarsfrom Abdullayeva Dilrabokhon, gave her a receipt and a check. Thus, the marked money with the special red color by NSC staff the advocate has received this as a fee for own services. The statement of NSC could not confirm instance by any audio- materials and any material evidences. Hence the law enforcement agencies fitted his up.
► Valieva Victoria is director of the well-known law office "Valikon". On 11th of June, 2009 had brought a criminal case regarding to Valieva Victoria. As a result of this legal process advocate testifies in the Regional Department of Internal Affairs of Mirabad district realized on decision №15/115L taken by the prosecutor of Tashkent Valiev Badriddin. She was charged on Part 2 of Article №227 (Ruffianism) of the Criminal Code of the Republic of Uzbekistan. If this situation will develop in the direction of prosecutorial positions, as desired the investigating authority, it is probably that this womanhas devoted more than 10 years of life for protecting the rights of citizens, will have sent to prison. If you look at the sequence of this situation, it’s becomes evident to us, how brought unfair accusation against Valieva Victoria Yurevna.
It should be noted that the advocate made a tough act in the Mirabad inter-district civil court at 23rd of April 2009. At the same time had considered the case about family quarrel of the colonel of the Ministry of Internal Affairs of Uzbekistan Ivannikov O. During the trial which was held under the chairmanship of Judge Sattorova O., plaintiff Militsina A. and the defendant Ivannikov O., the process for a civil case became into a verbal brawl. The advocate, who was the representative of one of the witnesses (i.e. a third person – note of Society “Ezgulik”), allegedly beat Latunina T., the ex-spouse of a colonel. Using a cell phone, she has struck a close damage of brain. During the expert examinationhad been carrying throughhalf-monthly, found that received a concussion of the brain, damaged soft tissues of the neck and nose, and have a bruises under the eye. Can you imagine that all these injuries to the ex-wife of the police governing employee have been injurious by the fragile woman with a plastic cell phone weighted not more than 60-70 gram?
In fact, that is happened standing by the judges Sattorova O. (presiding at the trial) and between the participants played out the usual verbal altercation who not restrain could own passions. There will never a mistake to say that the aim is making criminal accountable of advocate Valieva V. and hide from the public separation very expensive carsbetween the colonel and his ex-wife. Currently, the fulcrum shifted from expensive foreign cars, which is rare not only in our capital but throughout the country, to the question about the advocate who couldn’t defend oneselfwho was powerless against slander. There is a very low level of qualifications of the investigator and an indifference of prosecutor's office. That is all reflects the usual condition of paralysis in the prevailing system of law enforcement.
Unfortunately, the advocate does not understand this. Her faith in justice and in truth interfere her to fully assess this situation. Therefore, she makes a claim for unlawful actions of the investigator, officials of local police and prosecutors who are just cogs of carousel. In currenttreatments she pointed that the investigator was not invited the judge as a witness who was a true witness of this accident. As for the local inspector(who has been conducted preliminary inquiries) he was admitted a gross violations of legality. Mailboxes of General Prosecutor and the President's House packed her statements. She genuinely surprised that, being a lawyer, she can not defend oneself. She offended at the House counsel, the reins of governance passed into other hands.
2. UZBEKISTAN IS A COUNTRY WHERE THE RELIGIOUS GROUPS ARE REPRESSED
Most of the complaints incoming to the Human Rights Society of Uzbekistan “Ezgulik”, devoted to the fact that believers are being repressed, accused of belonging to a religious radical flow. The facts relating to freedom of conscience, published in annual reports of our Society, shows that the dynamics of the number of victims in the country that suffered for their faith, changes in arithmetic progression. Despite the fact that the country has a law "On Freedom of Conscience and Religious Organizations", a number of believers is growing who are serving a prison sentences. The various religious, radical tendencies are «invented» by Law machinery. In short, the regime allows the repression to believers has become a mechanism for ignition.
The country has virtually no statistics of affiliation (membership) to religious groups. However approximately 90 percent of the population belongs to the Muslim direction of "Hanafiya". Population referring to Shiite Islam is less than one percent. This part of the population lives in certain regions. Approximately 4.5 percent of the population is Orthodox Christians and ethnic Russian and about three per cent is the Roman Catholics, Korean Christians, Baptists, Lutherans, Jehovah's Witnesses, Seventh Day Adventists, evangelical churches, Buddhist, bahaists, Hari Krishna and atheists. As to 1st January 2009 year the Ministry of Justice registered 2,231 religious societies. There are more than 2000 mosques, Islamic organizations and educational centers of Islam.
Thoroughly checked all e-mail addresses incoming to the International Post Office in Tashkent, have been sent mainly to the faithful people, as well as their banking and financial transfers. It is also noted that for the faithful people is a barrier for visas for travel to other countries in the world.
► The statement say that the edition’s workers published in our republic magazine “Irmok” (" The Stream ") and newspaper “Yetti Iqlim" ("Seven climatic zones") were arrested on suspicion of belonging to the "Nurchilar" ("Light bearer") flow. Information has attracted the attention of mass media and international organizations. The commentary on the subject which gave the media services’ director of the Prosecutor General of the Republic of Uzbekistan Svetlana Ortikova denies the situation that occurred with the staff of editors. However after some time it became clear that the representative of the General Prosecutor's Office told the lie. Several journalists were actually arrested on suspicion of involvement in the "Nurchilar" flow. And the Tashkent city court is in the process of initiated criminal proceedings against them.