Release of Ms. Oyazimkhon Khidirova

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@ press-service. uz

·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@mfa.uz

·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@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, 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@ 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, E-mail: 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: +4122 799 43 02, E-mail: uzbekistan@bluewin. ch

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@fidh- omct.org

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