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Uzbekistan
1874. By letter dated 15 November 2004, the Special Rapporteur notified the Government that he had received allegations, concerning Utkur Rakhimov, aged 25, a student at the Chirchik Military Academy. On 6 March 2002, he was summoned to the Kebrai District Department of Internal Affairs (ROVD), and was detained when he arrived. From 6 to 13 March, police officers repeatedly beat him with batons in order to extract a confession for a murder. When he lost consciousness, water was poured over him to revive him. The senior investigator forged his signature on a confession. When Utkur Rakhimov was transferred to Tashkent Prison for pre-trial detention, the prison officials at first did not want to admit him due to his poor state of health, and no investigation was conducted into the ill-treatment. On 9 October 2003 he was sentenced to 17 years in prison by the Tashkent Military Court.
1875. By letter dated 23 December 2004, the Government informed that on 7 March 2002, he was arrested on suspicion of murder, questioned on the same day in the presence of a lawyer, and was placed in the holding facility of the Kibrai district internal affairs office, at which time he had no physical injuries. On 9 March 2002, at 3:30am, officials of the holding facility drew up a report concerning the fact that Utkur Rakhimov fell out of his bed. Statements were also taken from Utkur Rakhimov’s cellmates, who confirmed that he had fallen out of bed. The materials of the criminal case do not contain any information that Utkur Rakhimov requested medical assistance or that he made any allegations that he had been beaten. On 10 March 2002, Utkur Rakhimov was indicted under article 97 of the Criminal Code and questioned in the presence of a lawyer. On the same day, the preventive measure of remand in custody was chosen for Utkur Rakhimov, and he was escorted to Remand Centre No. 1 of the Ministry of Internal Affairs. The materials of the criminal case do not contain any information concerning the refusal to admit Utkur Rakhimov to Remand Centre No. 1 owing to his poor health. During the pre-trial investigation and the trial, the witnesses stated that Utkur Rakhimov had testified voluntarily and that the persons conducting the pre-trial investigation had not used any unlawful methods against him. This evidence has been confirmed by the investigator and the commander of the military unit, who were questioned as witnesses during the trial. Complaints (i.e. that he had not been involved in the criminal case and that he had been beaten by employees of the Kibrai district internal affairs office) sent by Utkur Rakhimov, and on his behalf, to the Office of the Procurator, to the Human Rights Commissioner (Ombudsman) of the Oliy Majlis (Parliament), Chairman of the Oliy Majlis, and to the editorial office of the newspaper Narodnoe slovo, were sent to the Military Court of Uzbekistan for verification during the consideration of the criminal case. The arguments contained in the complaints were verified during the trial but were not confirmed either in the pre trial investigation or during the trial. On 9 October 2003, the military court of Tashkent military district convicted him and sentenced him to 20 years’ deprivation of liberty, but pursuant to the Amnesty Act of December 2002, the unserved portion of the sentence was reduced by one fifth. On 1 December 2003, the conviction was upheld on appeal. Pursuant to a protest by the first deputy chairman of the Supreme Court, the criminal case was considered by the Presidium of the Military Court of Uzbekistan and, by its decis ion of 28 July 2004, the court decisions were partially amended. The accusation against Utkur Rakhimov, that he was acting as part of a group, was dropped; the rest of the court decisions was upheld. At present, Utkur Rakhimov has the right to appeal the court decisions, in accordance with the supervisory procedure, to the Supreme Court of Uzbekistan.
1876. By letter dated 15 November 2004, sent jointly with the Special Rapporteur on extrajudicial, summary or arbitrary executions, the Special Rapporteur notified the Government that he had received allegations, concerning Kamalodin Jumaniazov, aged 25, Karalpakstan. On 29 November 2003, he was arrested by police on suspicion of theft. On 7 December, his family went to the police station after hearing rumours of his death. At the station his family was directed to the morgue where they found his body. Kamalodin Jumaniazov apparently died 15 hours earlier. The Turkul district prosecutor’s office told his relatives that he had committed suicide by hanging. Witnesses who viewed the body described injuries to the forehead, nape of the neck, and a grazed knee. On 8 December, two forensic experts orally confirmed that he suffered from head trauma, however the prosecutor’s office prohibited his relatives from videotaping the experts or body. No investigation was conducted into his death.
1877. By letter dated 23 December 2004, the Government informed that on 29 November 2003, he was taken, on suspicion of storing narcotics, to the Turtkul district Internal Affairs Department. On 1 December 2003, a criminal case pursuant to article 276.2 (a) of the Criminal Code, concerning drugs, was filed. As a result, he was placed in the district internal affairs department’s temporary holding facility. On 7 December 2003, using his underwear, he made a noose, strung it to the back of a double-tier bed installed in the cell, and committed suicide by hanging himself. The same day the deceased’s mother visited the facility to deliver food for him and learned of his death. Staff of the procurator’s office was at that time examining the body. The district procurator’s office made inquiries, the legality of the actions of all the district internal affairs department staff was verified, and it was established that the suicide had occurred as a consequence of dereliction of duty on the part of a militia officer, who was to ensure order in the holding facility cells. However, the use of torture or other unlawful methods was not confirmed. According to the findings of forensic medical report of 22 December 2003, death was caused by mechanical asphyxia from tightening of the noose around the neck. Cut wounds were discovered on the dorsal side of the wrist and the middle bend of the arm, evidencing Jumaniazov’s repeated attempts to end his life. The officer was convicted by the Turtkul district criminal court on 24 April 2004, and the decision was upheld by the appellate chamber of the Supreme Court of the Republic of Karakalpakstan on 25 May 2004. The officer was sentenced to three years’ deprivation of liberty and the judgement has entered into force. Under the applicable legislation, relatives of the deceased have the right to bring a civil court action for compensation in respect of damage caused to them as a result of the loss of a breadwinner. However, they did not do so during the court’s consideration of the criminal case.
Urgent appeals
1878. On 19 December 2003, the Special Rapporteur sent an urgent appeal concerning Evgeny Gugnin (cited in previously transmitted communications, E/CN.4/2004/56/Add.1, paras. 1872, 1887), Abror Isayev and Nodirbek Karimov (cited in previously transmitted communications, ibid, paras. 1873, 1877, 1887), and Iskander Khudoberganov (cited in previously transmitted communications, E/CN.4/2003/68/Add.1, paras. 1929, 1930, and E/CN.4/2004/56/Add.1, paras. 1886). According to the allegations received, they are at risk of imminent execution following death sentences imposed on the basis of confessions extracted under torture.
1879. By letter dated 31 December 2003, the Government informed that in relation to the four above-mentioned individuals, who had received death sentences, measures have been taken by the Supreme Court, to stay the execution of the sentences pending the issuance of the United Nations Human Rights Committee’s views in their cases.
1880. By letter dated 25 May 2004, the Government informed that by a ruling of the Presidium of the Supreme Court of 26 March 2004, the decision in respect of Evgeny Gugnin was changed and the death penalty imposed on him was commuted to 20 years’ deprivation of liberty. By a ruling of 16 April 2004, the decisions in respect of Abror Isayev and Nodirbek Karimov were changed and the death penalty imposed on them was commuted to 20 years’ deprivation of liberty.
1881. On 23 December 2003, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on human rights defenders, regarding the nongovernmental organization Mothers against the Death Penalty and Torture. According to the allegations received, a conference on the death penalty organized in Tashkent by the NGO has been prevented from taking place. On 12 December 2003, the authorities indicated that the conference could not be held since it was organized by an unregistered organization. Representatives of the organization have been the subject of harassment in the past (e.g. see previously transmitted communications, E/CN.4/2004/56/Add.1, para. 1886, and E/CN.4/2004/62/Add.1, para. 813). They have received death threats after their participation in the annual meeting of the European Bank for Reconstruction and Development (EBRD) in May 2003. Members of the organization were told repeatedly by Secret Service officers that their organization was "blacklisted" and that the Secret Service was awaiting orders to close the organization down.
1882. By letter dated 6 January 2004, the Government informed that the unregistered nongovernmental organization, “Mothers against the Death Penalty and Torture” has not filed an application for official registration of its statutes at the Ministry of Justice, in accordance with the Non-State Non-Profit Organizations Act, and the Voluntary Associations Act. This means that the organization is not legally registered in the country and any of its activities may be considered contrary to the national law. This organization was recently prohibited from holding a conference entitled, “Death penalty: Analysis, tendencies and realitites”, in Tashkent on 5 December 2003. The reason for the refusal was non-registration of the organization. The sponsors of the organization call it a human rights organization and yet are themselves incomprehensibly trying to ignore the provisions of the existing legislation.
1883. On 16 February 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Fatima Mukhadirova, aged 62 (cited in previously transmitted communications, E/CN.4/2004/56/Add.1, para. 1900 and 1901). According to the allegations received, she was sentenced on 12 February 2004 in a closed court hearing to six years in prison with hard labor for possession of unsanctioned religious literature, membership in a prohibited religious organization, and "attempted encroachment on the constitutional order". It is believed that Fatima Mukhadirova, whose youngest son is in prison on similar charges, may have been arrested for having spoken out against the ongoing arrests of independent Muslims, and on the case of her eldest son, Muzafar Avazov, a religious prisoner who died from torture in prison in August 2002, during the mission of the Special Rapporteur on torture in Uzbekistan (see E/CN.4/2003/68/Add.2, para.52).
1884. By letters dated 28 November 2003, and 18 and 27 February 2004, the Government informed that on 24 February 2004 the sentence adopted by the Shayhantohur District Court on 12 February 2004 with regard to Fatima Mukhadirova was revised. On the basis of articles 57 and 60 of the Criminal Code the previous ruling of six years’ imprisonment was replaced with a fine, and she was released from imprisonment.
1885. On 26 February 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Representative of the Secretary-General on the situation of human rights defenders, regarding Muidinjon Kurbanov, chairman of a regional branch of the Human Rights Society of Uzbekistan (HRSU) and of a coalition of human rights organizations, as well as chairman of the Jizzakh province branch of Birlik (Unity), an opposition and pro-democracy political movement. According to the allegations received, on 5 January 2004, Muidinjon Kurbanov was taken to the provincial Department of Internal Affairs by officers from the Jizzakh Province Department for Anti-Terrorism and Narcotics, interrogated for several hours about his human rights and political activities and asked to reappear for further interrogation on the following day. On 16 February 2004, he was arrested on weapons and narcotics charges after police searched his property. Muidinjon Kurbanov was held incommunicado for three days, during which he was interrogated, threatened and forced to sign a confession dictated by the police. The police threatened that if he did not confess to the charges they would bring in his wife and take him to the basement where they would "show him" why he should confess. Muidinjon Kurbanov was denied access to his lawyer until 20 February 2004, after the latter filed a complaint with the procuracy. Muidinjon Kurbanov is currently in custody at the Jizzakh City Department of Internal Affairs. He had been arrested in 1998 on narcotics charges. On that occasion, he was threatened with charges of religious extremism, repeatedly beaten in custody, and sustained injuries to his kidney.
1886. By letter dated 22 April 2004 the Government informed that on 16 February 2004, on the basis of a decision approved by the procurator of Zarbdar district, Djizak oblast, a search was made in the home and adjacent premises of Muidinjon Kurbanov. In this connection, he was detained. On 19 February 2004, Muidinjon Kurbanov was charged with illegal possession of firearms, and narcotics charges. The preventive measure originally approved in respect of Muidinjon Kurbanov - confinement in custody - was changed on 27 February 2004 to signature of a pledge of good conduct. The accused’s interests during the investigation were represented by lawyers, with whose participation the basic investigative measures were carried out. The preliminary investigation into the case has ended and the case was referred on 1 March 2004 to the court for consideration of the merits.
1887. On 6 April 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on the right to freedom of opinion and expression, regarding reports of widespread arrests, allegedly targeting Muslims who practice their faith outside government religious institutions and their relatives, following the occurrence of violence in Tashkent in the past week. It is alleged that immediately after the first incidents of violence, which reportedly began on 29 March 2004, police initiated a campaign of "preventative" measures, targeting former religious prisoners and their relatives for detention and interrogation. Allegations were received concerning:
1888. Dilshod Mamurov. On 29 March 2004 at 10pm, he was taken from his home by police to the Sobir Rakhimov police department in Tashkent. The police denied that they were holding him, refused to say where he was taken, but revealed two days later that he was being held in the Tashkent City Police Department. They did not allow any visits. It is not clear whether he was charged with any offence. In 1999, Dilshod Mamurov received a three- year suspended sentence for membership in Hizb ut-Tahrir. He was tortured during his detention in 1999.
1889. By letter dated 27 May 2004, the Government informed that on 30 March 2004 he was detained by officers of the Sabir Rakhimov District Internal Affairs Authority of the City of Tashkent, and charged on 2 Apri12004 with infringement of the constitutional order, preparation or distribution of material containing threats to public security and public order, and formation, leadership or membership of religious extremist, separatist, fundamentalist or other banned organizations. On the same day, with the procurator’s authorization, detention in custody was chosen in his respect as a preventive measure. A decision will be taken on the basis of the findings of the preliminary examination into the criminal case.
1890. Akiljon Ziahonov, a former religious prisoner, who was accused of "Wahhabism". On 29 March, he was arrested and is being held incommunicado at the Tashkent City Department of Internal Affairs.
1891. By the same letter the Government informed that he was detained on 30 March 2004 by officers of the Tashkent Main Internal Affairs Authority in comection with the discovery of literature issued by the "Khizb-ut-Takhrir". A criminal case was opened on 1 April 2004, and he was charged with infringement of the constitutional order, and preparation or distribution of material containing threats to public security and public order. On 2 April 2004, with the procurator’s authorization, detention in custody was chosen in his respect as a preventive measure. A preliminary investigation into this case is now being conducted and a decision concerning him will be taken on the basis of its fndings.
1892. Bobur Makhmudov. On the night of 30 March, he was arrested at his home by about nine plain clothes officers. The authorities refused to disclose his whereabouts.
1893. By the same letter the Government informed that on 30 March 2004, during an inspection made by officers of the Mirzo Ulugbek District Internal Affairs Authority of the City of Tashkent, he was found not to have identity documents and therefore, by a decision of the district deputy procurator of 31 March 2004, he was placed in the rehabilitation (reception and distribution) centre of the Tashkent Main Internal Affairs Authority to clarify his identity. After his identity was established, he was released on 8 April 2004. He was not held by the law enforcement bodies on suspicion of having committed terrorist acts in Tashkent, and no criminal case was opened against him in that connection. In an explanatory statement written in his own hand during a check carried out on 4 May 2004 by the competent bodies, he indicated that he was at home and has no complaints against the law enforcement bodies regarding his detention in the rehabilitation centre.
1894. On 19 April 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, the Special Rapporteur on the right to freedom of opinion and expression, and the Special Rapporteur on violence against women, concerning Nilufar Khaidarova, aged 26. According to the allegations received, on 5 April 2004 at 5:30am, she was taken from her home, together with her parents, by a group of 20 uniformed police officers to the Sabir Rakhimov district police station, Tashkent. The officers claimed to have found Islamic fundamentalist materials in the form of a book, leaflets and a box of videotapes. At the police station they were interrogated separately and then taken to the Tashkent City Department of Internal Affairs (GUVD). Her parents were released without charge the following evening. The GUVD has refused to acknowledge that Nilufar is in their custody or to provide any information on her whereabouts. Nilufar Khaidarova is detained without charge because her husband and her two brothers, all devout Muslims, are currently serving long prison sentences, convicted of antistate activities and membership of banned religious organizations. Nilufar Khaidarova has not yet recovered from major surgery and chemotherapy.
1895. By letter dated 27 May 2004, the Government informed that on 7 April 2004 Nilufar Khaidarova was charged in this case pursuant to article 159, paragraph 1 of the Criminal Code, concerning infringement of the constitutional order. On 8 April, following a decision of the Procurator-General’s Office, detention in custody was chosen for her as a preventive measure. She is at present in Remand Centre No. 1 (SIZO-1) of the Central Penal Correction Department of the Ministry of Internal Affairs. A decision regarding Nilufar Khaidarova will be taken on the basis of the findings of the preliminary investigation into the criminal case. Since her detention Nilufar Khaidarova has been allowed access to a lawyer, who visits her regularly. Moreover, her mother has already come to see her several times. With regard to her state of health, it should be pointed out that medical staff of the remand centre and the local Committee of the Red Crescent’s representatives have examined her several times. Her state of health is at present considered to be normal and she has no complaints in respect of the remand centre’s medical staff. Allegations that Nilufar Khaidarova is being kept in a solitary confinement cell and that relatives were not informed of her whereabouts do not correspond to the real situation. Firstly, she is being held in a common cell at the remand centre. Secondly, after her detention Nilufar Khaidarova’s relatives were informed of the arrest.
1896. On 7 May 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Ruslan Rakhimov, Albina Gailulina and Ekaterina Smernova. According to the allegations received, they are currently on trial at the Iunnusobod District Court in Tashkent. Ruslan Rakhimov is charged with premeditated murder, and Albina Gailulina and Ekaterina Smernova are charged with conspiracy to conceal a crime. The decision is reportedly expected within a week. The court-appointed defense attorney initially assigned to defend Ruslan Rakhimov failed to report that he was tortured during his first days of detention at the Iunnusobod District police station (ROVD). The Iunnusobod District police officers put a gas mask over Albina Gailulina’s head and closed off the air valve until she lost consciousness, in order to force her to sign an accusatory statement against Ruslan Rakhimov and a confession of concealing his alleged crime. Bruises were observed on her arms by a representative of her Neighborhood (Mahalla) Committee, caused by physical abuse in police custody. Ekaterina Smernova was physically abused to pressure her to sign an accusatory statement against Ruslan Rakhimov and a confession of her own guilt in concealing his alleged crime.
1897. By letter dated 27 June 2004 the Government informed that on 12 February 2004 Ruslan Rakhimov was charged with murder. After he was charged in the presence of his lawyer, he partially admitted that he was guilty of the charges against him. When remanded in custody on 3 February, he made no statement concerning the use of unlawful methods against him after he was arrested and during the investigation. As part of this case, Albina Gailulina and Ekaterina Smirnova were charged under article 241of the Criminal Code, concerning concealment of a serious or particularly serious offence. On 20 February 2004 they were required to sign a pledge of good conduct as a preventive measure. They partially acknowledged their guilt, explaining that they had learned about the offence committed by Ruslan Rakhimov from his own words, but had not info rmed the appropriate authorities of it. During the investigation they made no statements concerning the use of torture or other unlawful methods against them. During the hearing of the case in Yunus Abad district court in Tashkent, Ruslan Rakhimov and Alb ina Gailulina retracted the evidence they had provided during the preliminary investigation and stated that they had confessed as a result of the application of physical and psychological pressure to them. In this connection, on 10 May 2004, on the application of the lawyer acting on behalf of Ruslan Rakhimov, the court ordered further investigation of the case. On 1 June 2004, the criminal division of the Tashkent City Court upheld the decision of the lower court on appeal. In order to establish the truth, the Procurator’s Office and the investigative bodies have been invited to assemble all the evidence and eliminate the contradictions and shortcomings which have been identified, and to check the claims that unlawful methods of investigation were used against the persons in question. No final decision has yet been taken on this case.
1898. On 28 May 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, and the Special Rapporteur on the right to freedom of opinion and expression, regarding Makhamadali Karabaev, aged 57. According to the allegations received, on 5 May 2004, he was beaten by seven individuals of the Pop mayor’s office, and later arrested by the Pop district police unit of Namangan region. Family members were warned by the police that if Makhamadali Karbaev continues his political activities and prepares for the next elections, his legs would be broken, and he would be beaten to death. His family have been denied access to him since his arrest, and that they continue to receive similar threats. Makhamadali Karabaev is reported to be the chairman of Birlik Party in Namangan region and a human rights campaigner.
1899. By letter dated 6 July 2004, the Government informed that on 22 January 2004, the president of the Citizen’s Council of the town of Khalkabad, Pap district, Namangan, was assaulted by Makhamadali Karabaev. On 5 May 2004 he was arrested by the pre-trial investigation authorities of the Namangan oblast, informed in the presence of his lawyer of the warrant and charge against him, and remanded in custody as a preventive measure because he had evaded the pre-trial investigation. He was medically examined for physical injuries that he might have sustained during his arrest. No physical injuries were found. Makhamadali Karabaev did not lodge a complaint concerning the use of unlawful methods, including torture, in the conduct of the investigation. From 5 to 8 May 2004, Makhamadali Karabaev was kept in a cell of the Pap district holding facility together with other detainees. On 8 May 2004, he was placed in a common cell of remand centre No. 12 of the Central Penal Correction Department of Uzbekistan in Namangan. His conditions of detention comply with established norms. Makhamadali Karabaev was not placed in solitary confinement, either in the holding facility or in remand centre No. 12. In accordance with the provisions of articles 46 and 48 of the Code of Criminal Procedure, Makhamadali Karabaev has been informed of his rights as a suspect and an accused person, his right to a defence has been guaranteed, and conditions have been created for his exercise of all his procedural rights. At present, the case is under investigation. A decision concerning Makhamadali Karabaev will be taken on the basis of the investigation.
1900. On 8 June 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding Azizbek Karimov, aged 25. According to the allegations received, he is at imminent risk of execution on the basis of confessions extracted under torture. In February 2004, he was sentenced to death by the Supreme Court on a number of charges including “terrorism” and involvement in a religious extremist organization. Azizbek Karimov was beaten during his arrest in May 2003, and was taken unconscious from his home in the Uzbek town of Andizhan. The members of his family were not allowed to see him for over six months and there are allegations that he was tortured and ill-treated while kept in the detention facilities of the National Service in Tashkent. During a court hearing someone stood up and poured acetic acid over him, causing Azizbek Karimov to be hospitalized. On 3 June 2004, the United Nations Human Rights Committee urged the authorities of Uzbekistan to stay his execution, following allegations that his arrest and sentencing violated key principles of international law.
1901. On 3 August 2004, the Special Rapporteur sent an urgent appeal, concerning Yusuf Zhumayev, aged 21, and Ikram Mukhtarov, aged 24. According to the allegations received, Yusuf Zhumayev was convicted of murder, and sentenced to death by the Sukhandarya Regional Court on 28 April 2003. In detention, in order to extract a confession, he was hung upside down and beaten, tortured with electric shocks, and forced to lie naked on a wet, cold concrete floor. He was also threatened that his parents and his sister, Mukhabbat, would be arrested if he did not confess. Yusuf Zhumayev testified during his trial that he had been tortured, but his allegations were not investigated. Ikram Mukhtarov was convicted of murder and sentenced to death on 24 May 2004 by the Tashkent City Court. His allegation that his confession was extracted under torture was ignored in court. The United Nations Human Rights Committee urged the Government on 19 July 2004 to stay these men’s executions, while it establishes whether provisions of the International Covenant on Civil and Political Rights were violated in their cases.
1902. By letter dated 26 October 2004, the Government informed that the panel of judges on criminal cases of the Supreme Court has received an appeal concerning Ikram Mukhtarov and the result of its consideration will be revealed shortly. Concerning Yusuf Zhumaye v, the Government informed that the sentence against him was carried out prior to receipt of the communication from the Human Rights Committee, requesting a temporary stay of execution pending completion of its consideration of the matter. Therefore the authorities did not violate rule 86 of the Committee’s Rules of Procedure. The trial was conducted in compliance with the Code of Criminal Procedure. He was provided with counsel during the pre-trial investigation and the trial itself. Confessional statements were made by him in the presence of his lawyer. In addition, an inquiry found no confirmation of instances of the use of impermissible methods of investigation or torture by law enforcement officers. No declaration was made by him concerning torture or ill- treatment during the pre-trial investigation.
1903. On 23 August 2004, the Special Rapporteur sent an urgent appeal, concerning Bahtier Muminov. According to the allegations received, on 29 March 2004 at 10 p.m., he was arrested at his home in the Tashkent district by six members of NSS. Bahtier Muminov was interrogated and tortured by an NSS officer (whose name is known to the Special Rapporteur). He was then taken to the Ministry of Internal Affairs where he was again tortured and forced to sign some docume nts. Bahtier Muminov was later held in the basement of the Department of Internal Affairs (DIA) of the Tashkent district for a period of two months. During this time he was tortured by an inspector (whose name is known to the Special Rapporteur). His whereabouts were kept from his family for four months and he was denied access to his lawyer. On 12 August, his wife found out that he was being held at the SI-1 "Tashturma" detention centre and was granted permission to visit him the following day. She reportedly saw that his whole body was covered with bruises. One week before being able to see his wife and his lawyer, Bahtier Muminov was tortured with electrical shocks. Two DIA investigators (whose names are known to the Special Rapporteur) summoned Bahtier Muminov’s wife to the DIA offices and forced her to write a note certifying that she would not file a complaint regarding the ill-treatment to which her husband was being subjected.
1904. On 19 October 2004, the Special Rapporteur sent a joint urgent appeal with the Special Rapporteur on extrajudicial, summary or arbitrary executions, regarding Sodik Kodirov, aged 30, and Shukhrat Aripov, aged 35. According to the allegations received, the two men are reported to be in imminent danger of execution, following convictions based on confessions obtained under torture. Sodik Kodirov was sentenced to death on charges including "premeditated, aggravated murder," on 7 December 2003 in Tashkent. His mother stated, "During the investigation my son wasn’t only tortured, he was also raped... When I saw my son in detention on 10 June 2004, he didn’t even recognize me. He was so badly beaten that he couldn’t walk unaided...When I saw him he had cuts all over his body as a result of the torture...My son spoke about the torture in court but the judge simply ignored his words and said he was trying to escape responsibility.” Shukhrat Aripov was sentenced to death for "premeditated, aggravated murder," on 6 January 2004 in Tashkent. He was severely beaten by police following his detention. His mother visited him in Tashkent prison on 14 October, and he told her that officials had visited him recently and said, "You will not live longer than 12 November. The stay of your execution requested by the United Nations runs out that day." On 12 May 2004, the United Nations Human Rights Committee had urged the Government to stay Sodik Kodirov’s execution while it considered allegations that he had been tortured. A similar intervention on 18 May 2004 was made on behalf of Shukhrat Aripov.
1905. By letter dated 1 December 2004, the Government informed that the allegations of torture, rape, and intimidation of Sodik Kodirov are unsubstantiated.The documents of the criminal case proved that there has been no physical or mental pressure against him during the preliminary investigation and other criminal proceedings. These were held with the participation of his lawyer. During the Court hearings he did not complain of any illtreatment. Concerning Shukhrat Aripov, the allegations are unsubstantiated.
1906. On 19 October 2004, the Special Rapporteur sent a joint urgent appeal with the Chairperson-Rapporteur of the Working Group on Arbitrary Detention, regarding Abdukadir Usupov, a resident of Tashkent, aged 38. According to the allegations received, on 27 September 2004, he was arrested in Tashkent by NSS agents on suspicion of being a member of Hizb ut-Tahrir, and is detained at the National Security Trial Centre. He is charged with undermining the constitutional order of Uzbekistan, with composing and distributing materials that present a public threat, and with establishing, leading or participating in extremist religious, separatist or fundamentalist organizations. The lawyer for Abdukadir Usupov, who was recommended by the Initiative Group of Independent Human Rights Defenders of Uzbekistan, was denied access to him.
1907. By letter dated 9 December 2004, the Government informed that on 27 September 2004, he was detained by NSS officers on suspicion of undermining the constitutional order and establishing, leading, participating in religious, extremist, separatist fundamentalist and other prohibited organizations, contrary to the Criminal Code. On 30 September 2004, he was charged and was remanded in custody. He is kept in a general ward, together with other detainees. During the ongoing investigation, he has not been subjected to any physical or mental influence. During the medical tests on 28 September and 4 November, there were no physical injuries or disorders seen on his body. He has had regular meetings with counsel, he has made a written statement to that effect. He and his counsel have made written statements in relation to the absence of any facts of torture or ill-treatment.
Follow-up to previously transmitted communications
1908. By letter dated 22 December, the Government provided information concerning:
1909. Negmat Sharipov (E/CN.4/2000/9, para. 1133, E/CN.4/2001/66, para. 1229). The Government informed that on 18 August 1999 Nemat Makhmudovich Sharipov was sentenced by the Tashkent oblast court, under articles 216 (unlawful organization of voluntary associations or religious organizations) and 242.1 (organization of a criminal association), to deprivation of liberty.
1910. Nadira Khidoyatova (E/CN.4/2002/76/Add.1, para. 1747, E/CN.4/2004/56/Add.1, para. 1913). The Government informed that during her detention in an NSS remand centre, Nodira Gogovna Khidoyatova told a medical assistant she was pregnant. She was therefore taken to an obstetrics and gynaecology unit, where she was placed under observation. As a result of the observation it was ascertained that she was indeed pregnant, but that the foetus was not developing. In view of the danger to her health, she was advised by the physicians to have an abortion, for which she gave her written consent.
1911. Muidin Kurbanov (E/CN.4/2001/66, para. 1241). The Government informed that he was convicted by the Tashkent City Court on 17 April 1999, together with two members of the Hizbut-Tahrir religious extremist organization. The allegations of his subjection to physical or psychological pressure do not correspond to the reality.
1912. Abdulkhai and Murod Egamberdiyev (E/CN.4/2000/9, para. 1125). The Government informed that on 7 December 2000, Abdulkhai Egamberdiyev was convicted by the Andizhan city court, under articles 159.4 (crime aga inst the constitutional order), 242.1 (organization of a criminal association), 156.2 (incitement of ethnic, racial or religious hatred), 158.3 (attack on the President) and 59 (imposition of punishment during the commission of several offences) of the Criminal Code, and sentenced to 12 years’ deprivation of liberty. On 7 February 2002 Murod Egamberdiyev was convicted by the Navoi City Court under article 221.1 (non-compliance with the lawful demands of the administration of an establishment during the enforcement of punishment) of the Criminal Code and sentenced to three years’ deprivation of liberty. No physical or psychological pressure was exerted upon either man during the investigations.
1913. By letter dated 31 December 2003, the Government provided information concerning Ilkhomzhon Karimov (E/CN.4/2004/56/Add.1, paras. 1872). The Government informed that on 18 February 2003 the judgments relating to him were amended and the death penalty imposed on him was commuted to 20 years’ deprivation of liberty.
Observations
1914. The Special Rapporteur draws attention to his press release of 13 September 2004,
wherein he stated that he deeply regrets that he continues to receive information on the execution of persons, whose death sentences were allegedly based on confessions extracted
under torture in Uzbekistan. He stated that in a number of cases the Government disregarded
requests of the United Nations Human Rights Committee to stay executions pending its
consideration of the cases. Since the publication of the Special Rapporteur’s report of his visit
to Uzbekistan in 2002 (E/CN.4/2003/68/Add.2), at least nine death row prisoners were
executed pending the Committee’s consideration of the cases related to these persons,
including Azizbek Karimov (para. 1899) and Yusuf Zhumayev (paras. 1900-1901). The
Special Rapporteur appealed to the Government to ensure strict observance of the
International Covenant on Civil and Political Rights, the Optional Protocol to the International
Covenant on Civil and Political Rights, and the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment of Punishment, and to cooperate fully with the Special
Procedures of the Commission on Human Rights. The Special Rapporteur drew attention to
the recommendations contained in the report of his visit to Uzbekistan. In particular, that all
competent government authorities give immediate attention and respond to interim measures
ordered by the Committee and urgent appeals dispatched by the United Nations monitoring
mechanisms; and that a moratorium be introduced on the death penalty, and that urgent and
serious consideration be give to the abolition of capital punishment.
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This report has been published by Equipo Nizkor and Derechos Human Rights on July 27, 2005.