The Observatory for the Protection of Human Rights Defenders, a joint programme of the World Organisation Against Torture (OMCT) and the International Federation for Human Rights (FIDH), received new information about the situation in Uzbekistan.

Brief description of the situation:

The Observatory has been informed by the human rights NGO Ezgulik about the arrest of one of its members, Mr. Abdurasul Hudainazarov.

According to the information received, on July 21, 2005 at 6 p.m., Mr. Abdurasul Hudainazarov, Chairman of the Angren municipal branch of Ezgulik, Tashkent oblast, was arrested in Korabog, pursuant to a criminal investigation by the city's Prosecutor's office. He is charged with the extortion of 400 US dollars from Mr. Ilhom Zokirov, a police captain.

In July 2005, Mr. Jahongir Ortikboev, a resident of Angren, wrote to Mr. Hudainazarov and informed him that Captain Zokirov had stopped him along with two of his relatives while they were transporting several cows by truck to sell them at a local market. Mr. Zokirov found out that the cows had been stolen and agreed to receive 400 US dollars to cover the theft. Mr. Ortikboev and his accomplices gave Captain Zokirov the money after they had sold the cows at the market. However, they were subsequently detained for the theft and condemned. By his letter, Mr. Ortikboev asked for the assistance of Ezgulik.

According to the information received, Mr. Abdurasul Hudainazarov sent Mr. Ortikboev's letter together with a cover letter from Ezgulik to the Prosecutor's office of Uzbekistan and Tashkent oblast Department of Internal Affairs. On July 14, 2005, he was orally informed that the investigation led by the Ohangaronskiy Regional Prosecutor's Office into the actions of Captain Zokirov did not conclude that his actions were illegal. Mr. Hudainazarov insisted that the investigation continues and that they listen to all parties in the given case. On July 18, 2005, Mr. Jahongir Ortikboev and his brother Mr. Tohir Ortikboev received a call from the Ohangaronskiy Regional Prosecutor's Office and confirmed the facts contained in the letter.

On July 21, 2005, Captain Zokirov accordingly called Mr. Hudainazarov on his mobile phone and stated that he would give the money back to the Ortikbaev brothers and asked him to arrange a meeting with them. The same day at 5 p.m. Captain Zokirov went to Mr. Hudainazarov's house. Mr. Hudainazarov took his car so that they both could talk and Captain Zokirov sat on the front seat. He said that he had 200 US dollars and 50,000 Uzbek sums, which he intended to give to the Ortikboevs, and that he would give the rest later. On the way, Captain Zokirov asked Mr. Hudainazarov to stop at a grocery store to buy some water. After the car stopped, Mr. Zokirov ran to the store and Mr. Hudainazarov also got out of the car to go after him. At that moment, three cars from the police arrived and police officers arrested Mr. Hudainazarov. As Mr. Zokirov returned from the store he said that the money was in Mr. Hudainazarov's car. They found the 200 US dollars and 50,000 Uzbek sums, and they recorded it with a video camera. Mr. Hudainazarov was taken into custody to the Department of Internal Affairs.

On July 24, 2005, Mr. Hudainazarov was charged with extortion under article 165, part 2, section "V", of the Criminal Code of the Republic of Uzbekistan and is currently detained by the Ministry of Internal Affairs. The date of his trial is not known yet.

Moreover, the Observatory recalls that Ezgulik members, along with other human rights defenders in Uzbekistan, are often subjected to acts of harassment (See Observatory Urgent Appeals UZB 001/0505/OBS 036, OBS 036.1 and OBS 036.2).

Action requested:

Please write to the Uzbek authorities, urging them to:

1. guarantee in all circumstances the physical and psychological integrity of Mr. Abdurasul Hudainazarov and all Uzbek human rights defenders;
2. carry out an independent and impartial investigation into these events and guarantee Mr. Hudainazarov's procedural rights so that the charges against him be dropped and that he be released since his detention is arbitrary;
3. put an end to all acts of harassment and reprisals against human rights defenders in Uzbekistan in conformity with the Declaration on Human Rights Defenders, adopted by the United Nations' General Assembly on December 9, 1998, in particular its article 1, which states that "everyone has the right, individually or in association with others, to promote the protection and realisation of human rights and fundamental freedoms at the national and international levels", and its article 12.2, which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually or 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";
4. more generally, conform with the provisions of the Universal Declaration on Human Rights, and with all other international human rights instruments binding Uzbekistan.
   
   

Addresses:

• President of Uzbekistan, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 7258, Email: presidents_office@press-service.uz
• Minister of Foreign Affairs, Sodiq Solihovich Safoyev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17
• Parliamentary Commissioner for Human Rights, Sayora Rashidova, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55, Email: office@ombudsman.gov.uz
• 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
• General Procurator 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@lawyer.com
• 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, Email: office@nchr.uz
  
• 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: +41 (0)22 799 43 02, Email: uzbekistan@bluewin.ch
  

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

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Geneva-Paris, August 4, 2005