Observatory for the Protection of Human Rights Defenders Annual Report 2004 - Uzbekistan

Restrictive legislation on freedoms of association and expression¹⁰²

Additional registration procedures

In December 2003, a decree was passed requiring international NGOs working in Uzbekistan to register with the Ministry of Justice and the Ministry of Foreign Affairs by 1 March 2004. The deadline was subsequently extended to 1 April 2004. Previously, accreditation with the Ministry of Foreign Affairs was sufficient. According to the Uzbek authorities, this is the enabling decree for the law on NGOs and noncommercial organisations passed in May 1999, which stipulates, in Article 21, that "international NGOs (...) must be registered with the Ministry of Justice of the Republic of Uzbekistan". The authorities justified the adoption of the decree by the growing number of international NGOs in Uzbekistan and by the need to combat terrorism.

Another decree, which came into force on 27 May 2004, stipulates that NGOs working to defend women's rights must now register with the governmental Committee for Women's Affairs, under the authority of the Vice Prime Minister, by 1 November 2004. The decree does not list any criteria for the registration of NGOs that must comply with this measure, nor the reasons for this campaign.

Restrictions on NGOs' funding

In February 2004, a decree was passed, which requires all NGO funds from foreign donors to be transferred to the National Uzbek Bank or Asaka Bank. Furthermore, NGOs must now obtain prior approval from the Government to access their funds.

Restriction on NGOs' freedom of expression

In February 2004, the definition of the crime of treason, provided for by Article 157 of the Criminal Code, was extended to include the "dissemination of secret information to organisations". This Article could be used as an instrument of repression against human rights defenders.

On 11 June 2004, the Government signed a decree requiring NGOs to obtain approval from the authorities for all their publications.

Closure of the Tashkent branch of the Open Society Institute¹⁰³

On 14 April 2004, the authorities closed the Tashkent branch of Open Society Institute (OSI). The Ministry of Justice refused to renew OSI's accreditation on the basis of the decree passed in December 2003, obliging international NGOs working in Uzbekistan to register with the Ministry of Justice and the Ministry of Foreign Affairs by 1 March 2004 (see above), particularly for the reason that the material distributed to Uzbek universities "discredited the Government's policies".

Violence against members of HRSU / Hampering freedom to demonstrate peacefully¹⁰⁴

One week before a peaceful demonstration planned for 1 June 2004 near the premises of Uzbek television, to protest against the impunity enjoyed by representatives of the police force, Mr. Bakhodir Tshriev, a member of the Human Rights Society of Uzbekistan (HRSU) in the city of Chakhrisabz, Kachkadarin region, and organiser of the demonstration, was stopped by four individuals, who forced him out of his car and violently beat him up. He lost consciousness and spent two weeks in hospital in a serious condition. Once he returned home, Mr. Tshriev was placed under de facto house arrest. Every time he went out, he was immediately taken to the police station by officers standing guard outside, even though no warrant was ever shown to him.

On 15 October 2004, between 25 and 30 people met in front of the regional administration building in Djizak to peacefully demonstrate against human rights violations (beatings, arbitrary arrest and detention) committed against farmers in the region by the police and representatives of the local authorities. A group of 50 people in plain clothes, including Messrs. Ergashev and Mamatkul, directors of collective farms and State farm enterprises, with prior assault convictions, surrounded the demonstrators. They cornered them near a fountain, grabbed several posters, tore them up and threw them into the fountain. Some of the demonstrators were beaten, including the children of one farmer currently in custody. Instead of stopping the violence, the police who were there arrested some of the demonstrators. Mr. Bahtier Hamraev, president of the regional branch of HRSU in Djizak, Mr. Djuma Hazratov, president of the regional branch of HRSU in Arnasai, and Mr. Mamaradjab Nazarov, president of the regional branch of Ezgulik, a human rights NGO based in Zarbdorskiy, were arrested for infringing Article 201 (violent demonstrations) of the Administrative Code, and taken to the police station in Djizak, where they were questioned. They were released the same day.

On 5 November 2004, a representative of the Tashkent police warned Mr. Tolib Yakubov, president of HRSU, that the organisation should cease its activities or be disbanded.

On 20 November 2004, Mr. Tolib Yakubov notified the regional Prosecutor in Djizak that a demonstration would be organised on 29 November 2004 in front of the Dijzak regional administration building, to protest against the impunity enjoyed by the police and the judicial authorities, and against the arbitrary nature of certain judicial inquiries opened by the Prosecutor's office.

On 28 and 29 November 2004, representatives of the regional administration building went to Mr. and Mrs. Yakubov's home to persuade them to cancel or postpone the meeting.

On 29 November 2004, as Mr. and Mrs. Yakubov were heading to the demonstration, their car was stopped by police officers stationed near their home. The car keys and posters were seized. As they were walking towards the Prefecture, they were assaulted by two men. Mr. Yakubov was thrown to the ground and violently beaten. One of the men took all Mrs. Yakubova's remaining posters.

Mr. Yakubov finally managed to get up and join the demonstration. All the surrounding streets had been closed off. Mr. Yakubov asked for permission to meet the regional Prosecutor, and was able to speak with him outside the regional administration building. In particular, Mr. Yakubov asked the Prosecutor why some of the complaints he had filed concerning human rights violations had not been taken into account by his office. The Prosecutor left without answering.

In the evening of 29 November 2004, the Yakubovs' home was placed under surveillance by the military.

On 7 December 2004, as Mr. Yakubov and his son, Mr. Olim Yakubov, were walking to the now daily demonstration in front of the Djizak regional administration building, they were stopped by Mr. Karim Soatova, president of the Djizak Council of Elders. More than 100 people in plain clothes, on the orders of Mr. Soatova, surrounded them and threatened them verbally, insulting them and asking them not to take part in the demonstration. These people then took Mr. Yakubov and his son to the premises of the local administration where they were asked to explain the purpose of the demonstration. The people present told them they were "a disgrace to the Uzbek people".

On 7 and 8 December 2004, the demonstration was interrupted after Mr. Ravcham Mouchitdinov, Prosecutor for Djizak region, agreed to discuss the issue of arbitrary detentions. On 9 December 2004, Mr. Mouchitdinov met Mr. Yakubov, but the situation was not resolved and Mr. Yakobov decided to organise more demonstrations.

On 10 December 2004, five members of HRSU, Mr. Talib Yakubov, Mr. Olim Yakubov, Mr. Mamir Azimov, Mrs. Hurshida Togaeva and Mrs. Saida Kurdonova, as well as Mrs. Gulsora Ubaidullaeva and Mrs. Mavjuda Sultonova, gathered to demonstrate. Mrs. Julia Kim, an employee of the American embassy, was present to observe the demonstration. However, as soon as she left, a group of men and about 10 women who looked like prostitutes tore up and destroyed their placards. Representatives of the Djizak administration and the Department of Internal Affairs observed the entire scene without intervening. As they tried to flee the provocation, the demonstrators were violently beaten by the women. The demonstrators rushed to the nearest police station (Police Station No.8) for help. The police station, usually always open, was shut. The women caught up with the demonstrators and beat them again.

On 11 December 2004, an inquiry was opened by the Djizak Department of Internal Affairs against the group of women who perpetrated the violence against the demonstrators. The authorities summoned several demonstrators to give evidence and undergo a medical examination, but did not actually receive them in the end.

Prosecution of Mr. Olim Yakubov¹⁰⁵

The trial of Mr. Olim Yakubov, son of Mr. Tolib Yakubov, following a complaint for beatings and injury filed by Mrs. Arzoumanyan in 2003, began in October 2003. The inquiry showed that Mrs. Arzoumanyan had been contacted by Mr. Rakhim Richov, a police officer in Tashkent, before filing her complaint. The case was closed in January 2004.

Detention of Mr. Muidinjon Kurbanov¹⁰⁶

On 16 February 2004, Mr. Muidinjon Kurbanov, director of the regional branch of HRSU in Zarbdor and head of the Coalition of Human Rights Organisations, was arrested after the police claimed to have found weapons, drugs and documents belonging to the Hizb-Ut-Tahir Party in his home. Everything suggests that these items had been placed in his home previously. He was accused of violating Article 248 of the Criminal Code ("possession of weapons and narcotics"). Mr. Kurbanov was unable to meet his lawyer until 19 February 2004. The lawyer denounced the strong psychological pressure on his client during custody. Mr. Kurbanov allegedly "admitted" his guilt after an interrogation by six police officers.

In March 2004, the Zarbdor Criminal Court found Mr. Kurbanov guilty and sentenced him to a fine of 272,000 sums (200 euros). The clemency of the decision can be attributed to the strong pressure of national and international NGOs and journalists. The decision is unusual as the Court usually gives up to15 years prison sentences in similar cases of arms or drug trafficking. Mr. Kurbanov had previously been involved in defending small farmers, victims of official corruption.

On 3 September 1998, Mr. Kurbanov had been arrested by the Djizak authorities on false charges of possessing narcotics. He had been detained incommunicado for three weeks, tortured, then sentenced to three years in prison. He had been released at the end of 1998 during an amnesty.

Harassment of Mr. Tulkin Karaev¹⁰⁷

On 15 April 2004, Mr. Tulkin Karaev, correspondent for the Institute for War and Peace Reporting (IWPR) and the Iranian radio station Voice of the Islamic Republic, a member of HRSU and founder of the Organisation for the Protection of the Rights and Freedoms of Journalists in Uzbekistan, was threatened. The threats followed articles he wrote on anti-terrorism measures in Uzbekistan. Officers from the national security service accused him of disseminating "false information" and threatened to have him prosecuted if he did not cease his publications. The threats were not however acted on.

On 11 December 2004, a lieutenant from the army came to Mr. Karaev's home in Karshi. He did not give his identity, but ordered the journalist to come to the army post at 9 am. Mr. Karaev was received by three military personnel and was criticised for having met and spoken to two OSCE observers in Karshi on 10 December. The soldiers asked Mr. Karaev to write a note detailing the content of the conversation. When the journalist refused, the soldiers threatened to put drugs in his pocket, a method used frequently by the security services to fabricate charges. They then asked two people to draft a report on Mr. Karaev's refusal to obey a legal request from the military.

The soldiers then sent a note to the head of the municipal office of the Interior, stressing that they had witnessed the journalist's refusal to obey a legal request from the military.

Mr. Tulkin Karaev was taken to the office of the Ministry of the Interior in Karshi and later released.

Detention of Mr. Ruslan Sharipov¹⁰⁸

Mr. Ruslan Sharipov, founder of the Union of Independent Journalists of Uzbekistan, was the target of continued repression for several years for his articles denouncing human rights violations in Uzbekistan.

Mr. Sharipov was sentenced in appeal on 25 September 2003 to four years in prison after having been found guilty – after a trial marred by irregularities – of homosexual behaviour, inciting minors to engage in antisocial behaviour, and of having sexual intercourse with minors.

On 23 June 2004, after a closed hearing, the Khamzincki District Court (Tashkent region) commuted the sentence of four years' imprisonment to two years' hard labour in the penal colony of Tavaksai, in the city of Bukhara. In September 2004, before being transferred, Mr. Sharipov escaped and was granted political asylum in the United States.

On 25 November 2004, Mr. Sharipov was awarded the 2004 press freedom prize by the World Association of Newspapers (WAN).

[Refworld note: This report as posted on the FIDH website (www.fidh.org) was in pdf format with country chapters run together by region. Footnote numbers have been retained here, so do not necessarily begin at 1.]

102. See Open Letter to the Uzbek authorities, 13 August 2004.

103. See Open Letter to the Uzbek authorities, 26 May 2004.

104. See Open Letter to the Uzbek authorities, 28 October 2004 and urgent appeal UZB 001/1204/ OBS 092.

105. See Annual Report 2003.

106. Idem.

107. Idem.

108. Idem.