Covering events from January - December 2004

Human rights abuses were widespread. Small steps to fend off criticism of the country's human rights record failed to adequately address concerns raised by human rights groups and intergovernmental bodies including the Organization for Security and Co-operation in Europe (OSCE), the UN Commission on Human Rights (CHR), and the UN General Assembly. Religious minorities, civil society activists and others exercising their right to freedom of expression faced harassment and imprisonment or were forced into exile. Relatives of dissenters continued to be targeted. Those imprisoned following an alleged assassination attempt on the President in November 2002 continued to be held incommunicado. Conscientious objectors to military service were imprisoned.

Background

President Niyazov and his personality cult continued to dominate all aspects of life in the country. No efforts were made to address impunity or to counter the widespread abuse of human rights.

In October the Khalk Maslakhaty (People's Council), comprising representatives of the legislative, executive and judicial branches of government, reiterated calls for President Niyazov to remain President-for-life. In the absence of independent political parties, parliamentary elections in December were won by the President's party.

Ethnic minorities continued to be at risk of harassment and intimidation including dismissal from employment.

In January the President abolished a requirement for residents to obtain government permission to leave the country. However, the authorities reportedly prevented many dissenters and their relatives from leaving. Freedom of movement inside the country was severely curtailed.

A new mosque, envisaged to become the largest in Central Asia, was inaugurated in the President's home village of Kipchak in October. The walls show inscriptions of verses of the Koran alongside quotations from Rukhnama, a "spiritual guidebook" attributed to the President. The mosque was the latest in a series of monumental buildings completed by a French construction firm for the Turkmen authorities.

The authorities forcibly evicted people from their homes for government architectural projects or to implement apparently arbitrary presidential decisions. Reportedly, little notice was given and residents received little or no compensation.

International scrutiny

In April, in its second resolution on Turkmenistan, the CHR reiterated its "grave concern" about the human rights situation. It highlighted "repression of all political opposition activities", the "abuse of the legal system through arbitrary detention, imprisonment and surveillance of persons who try to exercise their freedoms of thought, expression, assembly and association, and harassment of their families", and "restrictions on the exercise of freedoms of ... conscience, religion and belief". It deplored the continued refusal to grant access to those convicted following the November 2002 events. It also urged Turkmenistan to "enable non-governmental organizations ... and other civil society actors to carry out their activities without hindrance".

In its second resolution on Turkmenistan adopted on 20 December, the UNGeneral Assembly expressed "its grave concern at the continuing and serious human rights violations occurring in Turkmenistan" and reiterated the key points raised by the CHR earlier in the year.

None of the UN's human rights experts were allowed to visit Turkmenistan, despite requests by many of them.

In its new strategy on Turkmenistan adopted in July, the European Bank for Reconstruction and Development voiced concern about the "deterioration of the situation with regard to the protection of human rights and the rule of law".

Repression of dissent

Anyone perceived to be critical of the regime and their relatives remained at risk of repression. The relatives of exiled dissidents continued to be targeted in an attempt to stop those in exile from criticizing government policies and speaking out about human rights violations.

The authorities took a number of steps to avoid being classified as a "country of particular concern" under the USA's International Religious Freedom Act, including the registration of the Adventist, Baha'i and Hare Krishna communities and the release of six conscientious objectors from prison. Such a classification can lead to the USA taking steps ranging from diplomatic protest to targeted trade sanctions. However, harassment and intimidation of registered and unregistered religious minorities continued.

The 2003 law criminalizing activities of unregistered non-governmental organizations was annulled in November, but it remained impossible for independent civil society groups to operate. Several civil society activists and a Radio Liberty journalist were forced into exile. Several people who had given interviews to Radio Liberty and members of their families were harassed, intimidated or arbitrarily detained. International human rights monitors and foreign journalists were in many cases refused access to the country. The authorities routinely harassed civil society activists who attempted to meet representatives of intergovernmental organizations.

  • In February Gurbandurdy Durdykuliyev was forcibly confined to a psychiatric hospital for exercising his right to freedom of expression. He was a prisoner of conscience. He had sent a letter to President Niyazov and the Balkan region governor in January, urging them to authorize a peaceful demonstration and to refrain from using force against participants. He had earlier criticized President Niyazov's policies in interviews with Radio Liberty and had openly spoken about the need for an opposition political party.
  • In March former Mufti Nasrullah ibn Ibadullah was sentenced to 22 years' imprisonment on treason charges by a court in Ashgabat. He was accused of involvement in the 2002 alleged assassination attempt. In May he was allegedly beaten by Interior Ministry officers in the maximum security prison in Turkmenbashi. There were allegations that the charges were fabricated and that he was targeted for expressing dissent over the extensive use of the President's book Rukhnama in mosques and for expressing opposition to proposals in December 2002 to reintroduce the death penalty before the President had made his position clear. It was also alleged that he was targeted because of his Uzbek ethnicity and a government policy to remove members of ethnic minorities from particularly influential posts.
  • Two female Jehovah's Witnesses – Gulkamar Dzhumayeva and Gulsherin Babakuliyeva – were reportedly detained overnight at a police station in Gagarin district in the town of Turkmenabad in September for practising their religion. Two procuracy officials reportedly sexually harassed Gulsherin Babakuliyeva and one of them reportedly threatened to rape her and hit her several times. A third officer was reportedly present throughout but did not come to her aid.
  • Rakhim Esenov, aged 78, was detained on 23 February, accused of inciting social, national and religious hatred using the mass media and of smuggling copies of his banned historical novel Ventsenosny Skitalets (The Crowned Wanderer) into Turkmenistan. Although he suffered a stroke in detention, interrogation continued shortly afterwards. Following international pressure, he was released on 9 March. However, he was placed under travel restrictions and the charges against him were not dropped. Igor Kaprielov, Rakhim Esenov's son-in-law, was accused of conspiring with him and given a suspended five-year prison sentence for "smuggling" in March.
  • Mukhametkuli Aymuradov, convicted following an unfair trial on charges of anti-state crimes in 1995, was transferred back to extremely harsh prison conditions in the maximum security prison in Turkmenbashi in May or June where he had previously spent several years. AI was concerned about his health, particularly in light of reports that he was not receiving appropriate medical attention.

Incommunicado imprisonment

Dozens of people imprisoned following unfair trials in connection with the November 2002 events continued to be held incommunicado, without access to families, lawyers, or independent bodies such as the International Committee of the Red Cross. The authorities did not respond to allegations that at least two prisoners died in custody as a result of torture, ill-treatment and harsh prison conditions in 2003. In April the Foreign Ministry informed the Office of the UN High Commissioner for Human Rights that no access would be granted to these prisoners for five years.

Conscientious objectors

To AI's knowledge, seven conscientious objectors – all Jehovah's Witnesses – were released, six of them in June. However, Mansur Masharipov, Vepa Tuvakov and Atamurat Suvkhanov were sentenced to 18 months' imprisonment inMay, June and December respectively for refusing military service on religious grounds. They were prisoners of conscience.

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