Human Rights and Democracy: The 2011 Foreign & Commonwealth Office Report - Quarterly Updates: Uzbekistan

Quarterly Updates: Uzbekistan

Latest Update: 31 December 2012

On 5 December the Uzbek Senate announced a prisoner amnesty linked to the twentieth anniversary of the adoption of Uzbekistan’s Constitution. The Senate approved the amnesty resolution and stated that it included women, men aged over 60, foreign citizens, and those aged under 18 when they committed the crime for which they were convicted. The Senate stated that ‘a range of people’ (primarily those guilty of particularly serious crimes) would not be covered under the amnesty, and that the amnesty would be carried out over the next three months.

In the same session, the Senate approved a new law on criminal investigations, which was signed by President Karimov on 25 December, and is expected to come into effect in 12 months’ time. Emanating from Uzbekistan’s ‘Concept for further deepening of democratic reforms’, the law brings together the regulation of the activities of all of Uzbekistan’s internal agencies with the authority to investigate citizens. The law sets out the rights of citizens in investigations, and stipulates that “no one should be subjected to torture, violence and other cruel, humiliating or degrading treatment”. As part of wider efforts towards further reform in this field in Uzbekistan, during the final quarter of 2012 the UK continued to support the EU’s criminal justice reform project. The British Embassy in Tashkent was given access to visit a prison, open colony number 64/69, in late November 2012.

On 13 December, a court in Karshi ruled to discontinue (under the amnesty) the trial of the Chair of the Human Rights Society of Uzbekistan in Karshi, Gulshan Karaeva. Karaeva had continued to report regular harassment from local law enforcement officials, including the publication of abusive articles online, during October and November, before charges were brought in mid November for alleged slander. Several international organisations and human rights defenders had expressed concern about the apparent lack of evidence in the case.

We remain concerned about a number of cases of human rights defenders in prison. On 4 December Murad Juraev, an Erk party member and former member of the Supreme Council of Uzbekistan, serving a prison sentence since 1994, saw his prison term extended for the fifth time, for a further 3 years. Mr Juraev was charged with disobeying prison administration rules (Article 221 of Uzbekistan’s criminal code). Human rights organisations reported that Mr Juraev did not have a legal representative at the hearing. Mr Juraev reportedly said that he first heard of the majority of his alleged violations at the hearing itself. Acute humanitarian concerns continue to be reported in the cases of incarcerated human rights activists Akzam Turgunov, Azamjon Formonov and Dilmurod Saidov.

We continue to have grave concerns about the incarceration of Said Ashurov, Chief Metallurgist at the Uzbek-British joint venture Amantaytau Goldfields, sentenced in August 2011 on espionage charges to 12 years in prison. As reported previously, we continue to urge the Uzbek authorities to consider Mr Ashurov’s release at the earliest opportunity, particularly in light of reports of Mr Ashurov’s ill-health.

In December, two human rights activists and members of the Birdamlik political movement (Saida Kurbanova – Chair of the Human Rights Society of Uzbekistan in Jizzakh region – and Nuriniso Kholboeva) alleged that they were tortured during 15 days’ detention in a police station in Jizzakh region and forced to sign ‘pledges’ to give up their human rights activities. Kurbanova and Kholboeva distributed copies of Uzbekistan’s Constitution to citizens of Jizzakh region in early December in the run up to Constitution Day, and, following alleged harassment from local law enforcement officials, were eventually arrested and detained on hooliganism charges. Frontline Defenders and the Association for Human Rights in Central Asia reported concerns that the charges against the two human rights activists were orchestrated as a means of accusing them of instigating disorderly conduct.

Uktam Pardaev, Head of the Jizzakh Branch of the Independent Organisation for Human Rights, spent fifteen days in prison in October, on charges of hooliganism. Pardaev had objected to what he alleged as the forced participation by citizens in the cotton harvest and claimed that speaking out against this had led to his detention. Fahriddin Tilloev, an Erk party member and human rights activist was detained for fifteen days at the end of September and into early October, for distributing leaflets in a Tashkent bazaar about independent trade union membership.

The sentencing of individuals arrested on religious extremism charges, reported in the previous quarter, was completed in November. In total during the quarter around 35 people were sentenced to prison terms for ‘attempting to overthrow the constitutional system of the Republic of Uzbekistan’ and ‘illegal establishment or reactivation of illegal public associations or religious organisations, as well as active participation in their activities’. The Initiative Group of Independent Human Rights Activists expressed serious concerns about the trials, alleging they involved fabricated charges and were closed to observers for monitoring. Two individuals, Gayrat Khusanov and Shuhrat Yusunov, were jailed for seven years, and their appeals on 20 December were rejected. A human rights defender reported that the appeals hearings had lasted 30 minutes and the outcome appeared pre-determined.

Limited access makes the situation in Uzbekistan’s annual cotton harvest difficult to assess.  The International Labour Organisation did not monitor the 2012 harvest.  UNICEF, some NGOs and embassies were this year able to observe the harvest.  Such observations cannot replace full and proper monitoring by the ILO. Nevertheless, it appears that significant efforts were made in this year’s cotton harvest to enforce a ban outlawing the use of children aged under 15.  Unlike previous years, no mass mobilisation was observed of children aged under 15. The mobilisation of children aged between 15 and 18 was however observed in the cotton harvest, in contravention of Uzbekistan’s obligations under the ILO Conventions on the Minimum Age of Employment and on the Elimination of the Worst Forms of Child Labour. In addition, NGOs and human rights organisations reported widespread forced labour among adults, across all spheres of the public sector and in some parts of the private sector.

Latest Update: 30 September 2012

In July,  it was reported that Habibula Okpulatov, a member of the Human Rights Society of Uzbekistan (HRSU), had been granted early release from prison, after a three year extension to his sentence in 2012.  We welcome this release. Several fellow members of the HRSU remain incarcerated in reportedly difficult conditions, including Azamjon Formonov, in the Jaslyk Special Regime Colony. Acute humanitarian concerns were reported in the cases of incarcerated human rights defenders Akzam Turgunov and Dilmurod Saidov.

The murder in July of Akromhoja Mukhtidinov, a member of political opposition organisation Birdamlik and Uzbekistan’s Human Rights Alliance, was linked by some to Mukhtidinov’s human rights activities. An investigation by the authorities is reportedly ongoing. Gulshan Karaeva, Head of the Kashkadarya Region branch of the Human Rights Society of Uzbekistan, reported pressure and intimidation from local authorities throughout July, August and September. The former head of Uzbekistan’s Public Fund for Disabled People, Hasanboy Burhanov is facing corruption charges. The UK and others have serious concerns regarding the credibility of the charges and the transparency of the trial, which has already been postponed five times this quarter. In July, Gulnoza Yuldasheva was sentenced to two years in prison for blackmail. Police and public officials in Chinoz allege Yuldasheva was involved with a human trafficking gang.  When two of her brothers were caught up in its activities, Yuldasheva investigated the trafficking ring. It appears she may subsequently have been targeted after handing the research to the authorities. The British Embassy in Tashkent received credible reports that witnesses were refused access to Yuldasheva’s trial, and that the charges were unsubstantiated.

We remain concerned about the health of Said Ashurov, Chief Metallurgist at the Uzbek-British joint venture Amantaytau Goldfields, who was sentenced to twelve years in prison in August 2011 on espionage charges. As reported previously we continue to urge the Uzbek authorities to consider Mr Ashurov’s release at the earliest opportunity.

In July, the Uzbek government announced a resolution creating a working group under the Minister of Justice to study the observance of human rights and citizen’s freedoms in Uzbekistan by law enforcement and other state agencies. The group will monitor individual complaints of rights violations.

Detention of individuals on religious extremism charges, reported earlier this year, continued. Two trials began in Tashkent in September, of 24 individuals with charges including ‘attempting to overthrow the constitutional system of the Republic of Uzbekistan’. The Initiative Group of Independent Human Rights Activists, an unregistered human rights organisation in Uzbekistan, expressed serious concerns about the trials, alleging that both involve fabricated charges and are closed to observers for monitoring. In August, Forum 18, a religious news service, reported that police raided the home of a Russian Orthodox family, seizing literature and beating the daughter. Following an intervention from the Russian Orthodox Church in Uzbekistan, fines received by the mother and daughter were reduced to official warnings. Lawyer Sergey Mayorov questioned the credibility of the case, based on accusations of the women distributing prohibited Jehovah’s Witness literature. Reports continue of Jehovah’s Witnesses and Protestants experiencing pressure and intimidation.

In July, at its annual Central Asia Media Conference, the OSCE called on the authorities in the Central Asian states to ensure that the internet is a free and open space, and to guarantee freedom of the media and expression online. Many websites remained blocked in Uzbekistan, including opposition media websites, Voice of America and Radio Free Europe’s Uzbek Service. Users also reported regular interruptions to the BBC’s Uzbek service. Pressure on independent journalists Said Abdurahimov and Pavel Kravets was reported in August.

In August, as in previous years, Prime Minister Mirziyoev issued a resolution banning the use of child labour in the cotton harvest in Uzbekistan. The International Labour Organisation is not monitoring this year’s harvest.

The British Embassy has continued to engage with the authorities of Uzbekistan on issues relating to human rights. The Embassy supported a project in August related to the development of women’s role in business in Uzbekistan. The project followed the visit in April of Baroness Warsi, then Minister in the UK Cabinet. During her visit the Minister held discussions with the Uzbek authorities on topics including the promotion of women’s rights. In addition, UK support to the EU’s criminal justice reform project in Uzbekistan continued.

Latest Update: 30 June 2012

In April it was reported that Alisher Karamatov, Head of the Mirzaabad regional branch of the Human Rights Society of Uzbekistan (HRSU), had been released from prison. We strongly welcome his release. Karamatov’s fellow member of HRSU, Azamjon Formonov, also arrested on 29 April 2006, remains incarcerated. His case is of particular concern. A report released on 7 June by a human rights group contained new allegations of poor conditions and maltreatment at the Jaslyk facility, where Mr Formonov is being detained and alleged that the prison authorities were impeding access by his relatives. We remain concerned about other cases, including those of Akzam Turgunov and Dilmurod Saidov, where acute humanitarian concerns have been reported.

A wave of detentions on religious extremism charges, including Wahhabsim, was reported across the country in April, and appears to have continued throughout the quarter. Approximately 52 people are thought to have been arrested; some reportedly held for several weeks without charge. In May, 13 individuals were arrested in Tashkent. Relatives of those arrested alleged that incriminating documents were planted by the investigating team in the suspects’ premises during the arrests. In early June, reports surfaced about teachers in a number of schools in Parkent province of Tashkent, including those recently arrested on religious extremism charges, being forced to resign from their jobs. Following media coverage, representatives of the Human Rights Commissioner (Ombudsman) of the Uzbek parliament reportedly investigated the case. It appears that the individuals concerned have been reinstated as a result.

In May a human rights group and several human rights defenders alleged that Uzbek children from secondary schools, lyceums and colleges in Bukhara, Samarkand, Jizzak, Syrdarya and Khoresm regions and in the autonomous republic of Karakalpakstan were being forced to work in the fields in preparation for this year’s cotton harvest. The children were reportedly working up to 5 hours during the week and 9 hours on Saturdays and Sundays.

We remain concerned about the health of Said Ashurov, Chief Metallurgist at the Uzbek-British joint venture Amantaytau Goldfields, who was sentenced to 12 years in prison in August 2011 on espionage charges. The case hinged upon information, reportedly held on a USB stick, to which Mr Ashurov’s lawyers maintain Mr Ashurov had no access. With little evidence provided at his trial, we note the lack of credibility in the Ashurov case, as well as the related humanitarian aspects, and continue to urge the Uzbek authorities to consider Mr Ashurov’s release at the earliest opportunity.

The activities of human rights defenders and other civil society activists in Uzbekistan appeared to be further restricted during the quarter. Gulshan Karaeva, a human rights activist based in Karshi, was allegedly beaten and harassed during the weekend of 19-20 May. Karaeva continues to report further harassment by the security services and individuals who appear to be working for them. Elena Urlaeva, leader of Uzbekistan’s unregistered Human Rights Alliance, spent over a month in a psychiatric hospital under court order during the quarter. We remain concerned about Urlaeva and the pressure she and her family continue to experience, apparently as a result of her human rights work.

Independent journalists in Uzbekistan reported increased pressure from the authorities during the period, including tighter monitoring of their activities and communications. On 6 April , a district court in Tashkent found independent journalist Elena Bondar guilty of inciting hatred and imposed the maximum possible fine under Uzbekistan’s administrative code. The trial hinged on accusations that Bondar posted inflammatory remarks on the internet, however there appeared to be a lack of evidence linking Bondar to the statements and the monikers used. Several other deficiencies in the trial were reported, including a lack of time for the defence to prepare its response. Following the trial, Bondar was subjected to further pressure from individuals who appeared to be working for the security services; statements continued to appear on the internet using the monikers which the court had judged were pseudonyms for Bondar. We understand that she has for the time being left Uzbekistan.

During the quarter the British Embassy in Tashkent continued to engage with the authorities of Uzbekistan on issues relating to human rights. April’s visit of Baroness Sayeeda Warsi, UK Cabinet Minister without Portfolio, presented further opportunities for discussions on human rights issues.

Quarter One Update: 31 March 2012

During the first three months of 2012, we understand that a rolling prisoner amnesty took place related to Uzbekistan’s 20th anniversary of independence. The amnesty resolution was reportedly applied to 45,383 citizens. Of these, 1,958 people were reported to have been discharged from prison sentences. We were disappointed to note that no imprisoned human rights defenders appeared to have been among those released in the amnesty. We are particularly worried about several cases, including those of Akzam Turgunov, Alisher Karamatov, Azamjon Formonov and Dilmurod Saidov, where acute humanitarian concerns have been reported.

We remain concerned about the health of Said Ashurov, Chief Metallurgist at the Uzbek-British joint venture Amantaytau Goldfields, who was sentenced to 12 years in prison in August 2011 on espionage charges. The case hinged upon information reportedly held on a USB stick: Mr Ashurov’s lawyers maintain that Mr Ashurov’s position in the company meant that he had no access to sensitive information. We note the lack of credibility in the Ashurov case, as well as the related humanitarian aspects, and continue to urge the Uzbek authorities to consider his release at the earliest opportunity.

Mohammad Bekjanov, former editor of Erk newspaper and brother of Mohammad Salih, who was due for release in January, saw his prison term extended for a further five years just a few days before his expected release, on charges related to infringement of prison rules. Three of Mr Bekjanov’s cell mates testified against him during the recent court case; it was alleged that they had done so under duress. Mr Bekjanov’s sentence was upheld by an appeals court on 15 March. It is expected that the case will now go to Uzbekistan’s Supreme Court. We continue to monitor this case closely and urge the Uzbek authorities to take all necessary steps to guarantee Mr Bekjanov’s right to a fair appeal hearing.

On 7 March, an Uzbekistan-based human rights group reported the death in prison 64/66 in the Navoi region of Abdurakhman Sagdiev, as a result of injuries inflicted by torture. Mr Sagdiev had been in prison since 1999 on charges related to religious extremism. We remain very concerned by continuing reports of torture in prisons in Uzbekistan. We continue to call on Uzbekistan to sign the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment and to implement practical measures to ensure that such practices do not take place in its penitentiary institutions.

In mid-January the Imam of the Kosonsoy Mosque and five other members of Namangan’s religious community were charged with terrorism and religious extremism. Additionally, three individuals from Andijan, including a Russian citizen, were imprisoned at the end of January for up to eight years on charges of religious extremism. A woman in the Syrdarya region was convicted for wearing the hijab and ordered to pay a fine of around ten times the minimum wage. We are aware of reports that in January three Jehovah’s Witnesses in Tashkent were given short prison sentences and fined. Following a raid on a Baptist congregation in Chirchik in February, during which religious materials and technological equipment were confiscated, charges were reportedly prepared against some Baptists and we understand that at least one individual has already been charged and fined.

We understand that eight Uzbek men, deported from Sweden after being refused political asylum, remain in the custody of the Uzbek national security services. There has been little information released about these cases, but some reports have suggested religious extremism charges are being prepared.

Human rights defenders and other civil society activists in Uzbekistan continued to come under significant pressure during the first quarter of 2012. Elena Urlaeva, leader of Uzbekistan’s unregistered Human Rights Alliance, reported that her attempts to lead a protest were blocked in March, and that her husband had been ordered by police to prevent her from carrying out legitimate human rights activities. Tatiana Dovlatova remained a target for intimidation, including threats to her family and surveillance, apparently as a result of her work for the Human Rights Alliance. The Ezgulik human rights organisation was also targeted during the quarter. The leader of its Tashkent branch, Hayit Abdullayev, was accused of drugs smuggling in January. A criminal case is ongoing.

At an FCO-supported roundtable on freedom of expression issues in March there was much discussion of the importance of freedom of speech, expression and the press. This is encouraging. That said, new restrictions on the media continued to be reported during the quarter, including the blocking of the blogging platform Live Journal, an Uzbek version of Wikipedia, and the closure of the arbus social networking site. We are also aware that several independent websites, blocked in Uzbekistan, have been subjected to ‘denial of service attacks’ at various times during the first three months of 2012. Two journalists, one from the BBC, were refused entry to Uzbekistan during the quarter. Elena Bonda, an independent journalist, was reportedly called in to the Ministry of Interior in March for questioning, without being informed why.

During the quarter our Embassy in Tashkent continued its engagement with Uzbekistan on human rights issues. In March, our Embassy was pleased to host a visit to Tashkent by the Honourable Baroness Stern, CBE, Deputy Chair of the All Party Parliamentary Group on Uzbekistan and Honorary President of Penal Reform International. Baroness Stern, an expert on prison reform and penitentiary issues, spent three days in Tashkent discussing a range of human rights issues in calls with government officials, members of the Oliy Majlis (parliament) and the Senate, members of the international community, NGOs and civil society activists.

The UK is one of three European partners helping to deliver a €10 million EU Criminal Justice Reform Project, launched in February. The UK’s involvement is primarily focused on police and prison reform, and includes the secondment of a long-term expert from the National Police Improvement Agency. A delegation led by the Uzbek Minister of Justice visited the UK in March to exchange information with UK agencies, including the Independent Police Complaints Commission. The aim of the project is to help the government of Uzbekistan ensure that new legislation regarding human rights issues in the criminal justice system is fully implemented on a practical level.

Our Embassy also supported a roundtable organised by the NGO National Democratic Institute in Tashkent This included Uzbek parliamentarians, journalists and international speakers and focused on issues related to freedom of expression. The roundtable concentrated in particular on how to encourage scrutiny of the legislature by parliament and the media.