URGENT APPEAL - THE OBSERVATORY

UZB 005 / 0909 / OBS 114.1

Release

Uzbekistan

September 1, 2009

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), requests your urgent intervention in the following situation in Uzbekistan.

New information:

The Observatory has been informed by reliable sources about the release of Ms. Oyazimkhon Khidirova, member of the Djizak branch of the International Society for Human Rights - Uzbekistan, one of the few NGOs registered with the Ministry of Justice. Ms. Khidirova is an active defender of the rights of farmers who has been denouncing corruption at the local level.

According to the information received, on August 30, 2009, Judge Lutfullo Mamarazhabov of the Arnaysaysky District Criminal Court announced the application of the amnesty act adopted by the Uzbek Senate on August 28, 2009 in the case of Ms. O. Khidirova. The latter was then immediately released and all charges pending against her were dropped.

The Observatory thanks all the persons, organisations, and institutions that intervened in favour of Mrs. Oyazimkhon Khidirova. 

However, the Observatory remains very concerned regarding the situation of other human rights defenders still detained in Uzbekistan and calls upon Uzbek authorities to release them, as their detention is arbitrary and seems to merely aim at sanctioning their human rights activities[1]. 

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”[2]. 

The Observatory further urges the European Commission Delegation as well as European Union (EU) Member-States’ embassies in Uzbekistan to call upon Uzbek authorities to comply with relevant international norms and standards, in particular the United Nations Declaration on Human Rights Defenders, and take action regarding the above-mentioned elements, in line with EU Guidelines on Human Rights Defenders.

Background information:

In the morning of July 28, 2009, agents of the ROVD (local delegation of the Ministry of Internal Affairs) in Dustlik arrested Ms. Oyazimkhon Khidirova. The latter was then placed in detention and charged under Articles 277-3-g (hooliganism), 184 (tax evasion or other payments), 205 (abuse of power or office) and 168 (fraud) of the Criminal Code, reportedly on the basis of criminal proceedings that were initiated against her on July 16, 2009. 

On August 3, 2009, the Arnaysaysky District Criminal Court confirmed Ms. Oyazimkhon Khidirova’s detention throughout the stage of the investigation. The latter immediately lodged an appeal. 

Ms. Oyazimkhon Khidirova was allegedly held at the medical division of the Dustlik detention centre, since her health status would have deteriorated in detention.

Furthermore, her house was allegedly searched on July 29, 2009 by representatives of the police forces, reportedly with the aim of discovering weapons, drugs and religious literature, but nothing of this kind was found. 

Actions required:

Please write to Uzbek authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Ms. Oyazimkhon Khidirova;

ii.Put an end to all acts of harassment against Mrs. Oyazimkhon Khidirova and release all human rights defenders who are arbitrarily detained and ensure in all circumstances that they are able to carry out their human rights activities without any hindrances;

iii. 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”;

iv. 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, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 1395325, E-mail: presidents_office@...

·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, E-mail: rnews@...

·Parliamentary Commissioner for Human Rights, Sayora Rashidova, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55, E-mail: office@...

·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, E-mail: prokuratura@...

·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, E-mail: office@...

·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@...



Please also write to the diplomatic representations of Uzbekistan in your respective countries.



***

Paris-Geneva, September 1, 2009



Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.



The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals@...

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80

Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29

Case KGZ 270509.1

Follow-up of case KGZ 270509

Incommunicado detention/ Alleged torture and ill-treatment/ Fear for safety

The International Secretariat of the World Organisation Against Torture (OMCT) has received new information about the following situation in Kyrgyzstan. 

New Information

The International Secretariat of OMCT has been informed by the Kyrgyz Committee for Human Rights (KCHR), a member of OMCT SOS-Torture Network, that Mr. Erkin Bulekbaev, chairman of the “Green Party of Kyrgyzstan” and of the “Public Association of Kazakhs in Kyrgyzstan”, as well as a member of the political bureau of the “United People’s Movement”, was transferred, on the decision of the Moscow district court, to pre-trial detention centre (SIZO) No. 1 in Bishkek, on 30 July 2009. Since his arrest on 27 April 2009, Mr. Erkin Bulekbaev has remained detained incommunicado. 

According to the same information received, the competent authorities have failed, to date, to investigate into the allegations of ill-treatment that Mr. Erkin Bulekbaev would have suffered in detention (see reminder of the situation). 

OMCT is also deeply concerned about the safety of Mr. Sapar Argynbaev and Mr. Uran Ryskulov, both also members of the “United People’s Movement”, who were arrested along with Mr. Erkin Bulekbaev on 27 April 2009, when taking part in the protest in Petrovka. According to the same information, both are also being detained incommunicado in SIZO No. 1 

The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov, all the more since they remain detained incommunicado. OMCT is also deeply concerned about the conditions of their detention, as, according to the information collected by human rights activists who have visited SIZO No. 1, they would be very poor. 

Furthermore, OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case. OMCT recalls that Kyrgyzstan is a State party to the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and the International Covenant on Civil and Political Rights (ICCPR), which both prohibit torture and cruel, inhuman or degrading treatment. In line with their obligations under these treaties, it is incumbent on the authorities to consider seriously any allegations of torture and ill-treatment, and to undertake a prompt, effective, thorough, independent and impartial investigation in this regard. Article 15 of the Convention against Torture stipulates that, “each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)” and Article 11 that “each State Party shall keep under systematic review interrogation rules, instructions, methods and practices as well as arrangements for the custody and treatment of persons subjected to any form of arrest, detention or imprisonment in any territory under its jurisdiction, with a view to preventing any cases of torture”.

Brief reminder of the situation

OMCT was informed about the incommunicado detention of Mr. Erkin Bulekbaev since his arrest on 27 April 2009, and alleged torture and other forms of ill-treatment during his detention. 

According to the information received, Mr. Erkin Bulekbaev was arrested by officers of the Ministry of Internal Affairs, in the village of Petrovka (Chui region), accused of organising a mass riot in Petrovka on 26 April 2009. On 30 April 2009, he was remanded in custody for two months by the court of Bishkek. 



Mr. Erkin Bulekbaev was reportedly detained at the Kyrgyz National Security Service (SNB) detention unit without access to his lawyer and family. He was first placed alone in a cell but was then detained together with a detainee accused of murder. Mr. Erkin Bulekbaev was allegedly repeatedly beaten in order to confess the alleged organisation of a mass riot. His body was be covered with bruises. 

According to the same information, Mr. Erkin Bulekbaev was arrested after he had requested the local authorities of Petrovka to release all individuals who had been arrested during the confrontation with local forces the day before. Mr. Bulekbaev had been reportedly asked by the local population to mediate between local government and protesters.

Action requested

Please write to the authorities in Kyrgyzstan urging them to:

i. Take all necessary measures to guarantee the physical and psychological integrity of. MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov;

ii. Guarantee MM. Erkin Bulekbaev, Sapar Argynbaev and Uran Ryskulov immediate and unconditional access to a legal representation of their choice and their families as well as guarantee that they are examined by independent doctors and receive adequate medical care, in accordance with provisions of the UN Standard Minimum Rules for the Treatment of Prisoners;  

iii. Order their immediate release in the absence of valid legal charges that are consistent with international law and standards, and if such charges exist, to ensure that they are given a prompt and fair trial, in which their procedural rights are guaranteed at all times; 

i. Call upon the competent authorities to carry out a prompt, effective, thorough, independent and impartial investigation into the allegations of torture and ill-treatment of Mr. Erkin Bulekbaev, the result of which must be made public, in order to bring those responsible before a competent, independent and impartial tribunal and apply penal, civil and/or administrative sanctions as provided by law;

ii. Guarantee that no evidence obtained under torture be used in court cases;

iv. Ensure that adequate, effective and prompt reparation, including adequate compensation, proper medical care and rehabilitation, is granted to the victims;  

v. Guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.

Addresses

· Mr. Bakiev Kurmanbek Salievich, President of Kyrgyz Republic, Kyrgyzskaya Respublika, 720003. Bishkek, Prospekt Chuy, 205, Fax: 996312218627, ghpress2@... 

· Mr. Chudinov Igor, Prime Minister, Fax: 996312218627 

· Mr. Kongantiev Moldomusa Tashpolotovich, Minister of Internal Affairs, Fax: 996312663031, 996312288788 

· Mr. Tursunkulov Nurlan Zhanyshevich. , Minister of Justice, Fax: 996312663044 / 996312656502 

· Mr. Elmurza Satybaldiev, Public Prosecutor of the Kyrgyz of Republic, Fax: 996312665411 

· Permanent mission of Kyrgyzstan, Rue du Lac 4-6, 1207 Geneva, Switzerland, Email: kyrgyzmission@..., Fax: +41 22 707.92.21

Please also write to the embassies of Kyrgyzstan in your respective country.

*******

Geneva, 31 August 2009.

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.