OPEN LETTER OF INDEPENDENT…

OPEN LETTER OF INDEPENDENT CIVIL SOCIETY IN UZBEKISTAN, WITH UZBEK REFUGEES OF ANDIJAN AND DIASPORA GROUPS IN ADVANCE OF THE EU’S  DECISION ON UZBEKISTAN ARMS EMBARGO

The European Union’s consideration to lift the arms embargo on Uzbekistan gives the signal
to Uzbekistan’s government that the EU is prepared to accept Uzbekistan’s atrocious human
rights record.

At the end of October, the European Council resumed its discussion about the EU sanctions against
Uzbekistan, imposed after a bloody suppression of the popular uprising in Andijan in May 2005.
As of four years ago to this day, the only sanction remaining in force is the arms embargo against
Uzbekistan. Other sanctions, such as the ban on entry into Europe of a number of Uzbek officials,
have been removed despite the fact that Uzbekistan has failed to meet most of the conditions set by
the European Union.

During the lifetime of the sanctions, Uzbek and international human rights activists urged the
European Union to enforce benchmarks set to address the appalling human rights situation in
Uzbekistan. These benchmarks included an independent investigation into the Andijan events, the
release of all imprisoned activists and an end to harassment of representatives of civil society,
simplification of rules for the registration of non-governmental organizations, the accreditation of
the staff of Human Rights Watch, and access to the UN Special Rapporteur on Human Rights.

In light of the deteriorating human rights situation in Uzbekistan, we believe that the lifting of
sanctions last year ago was not only a mistake, but has surrendered an effective chance for the
EU to influence Uzbekistan’s government. The withdrawal of the arms embargo could become
yet another fatal mistake that may encourage the Karimov regime to continue to use
disproportionate use of armed force to suppress popular protest.

The EU has called for improved relations with Uzbekistan and the need for a so-called “constructive
dialogue,” which according to the EU could take place only after the lifting of sanctions. However,
one year has passed, and with the lifting of the bans on travel to Europe for a number of Uzbek
officials, it is with much regret we see that the EU’s “constructive dialogue” has not lead to any
meaningful change nor have any of the EU’s benchmarks been met.

To date,

1. The Uzbek government has categorically refused to conduct an independent international
investigation into the Andijan events.
2. Not only was the Human Rights Watch researcher refused work accreditation, but was even
denied entry into the country.
3. Not one of the eight Special Rapporteurs of the UN requesting a mandate to visit the country
was invited.
4. During this period, a number of human rights activists were convicted on trumped up charges
because of their peaceful civic activities.
Today, at least 15 human rights activists and independent journalists remain in prisons because of
their peaceful civic activities (see attached list).

Human rights defenders, such as Agzam Farmonov, Alisher Kkaramatov, Norboy Kholzhingitov,
Khabibulla Akpulatov, Nasim im Isakov, Rasul Khudainazarov, journalist Djamshid Karimov, poet
Yusuf Djumayev and his sons Mashrab and Bobur Djumaev, all of whom were arrested between
2005 and 2007, continue to languish in Uzbek prisons.

In those two years, in sham court cases, five other activists were silenced, including Agzam
Turgunov, Solidjon Abdurakhmanov, Dilmurod Said, who were sentenced to long term
imprisonment. In September, the human rights defenders Farhod Mukhtarov and Gaibullo Djalilov
were arrested.

Despite the release of a few of jailed human rights defenders in the past two years, almost as many
were convicted on false charges. Moreover, it is important to note that the majority of freed human
rights activists relocated overseas or were compelled to cease their public activism, and new arrests
have stopped the most active leaders.

5. All restrictions on NGO activities imposed in 2004-2005 continue to remain in force.
As before, there are no possibilities to formally register a local human rights NGO or accredit an
international one. Human rights groups are forced to work underground in a climate of fear and
activists are at risk of jeopardizing their health and freedom. This year, for example, human rights
activist Elena Urlaeva has been repeatedly arrested, beaten, and threatened. In the last assault
against her, she was attacked by a man with a knife and beaten in front of her five-year-old son.

Widespread violations of farmers’ rights have worsened
According to the Decree of President Islam Karimov . 3008 from October 6, 2008, the
government has ordered the expropriation of farmers’ land in contravention of treaties on multi-year
land lease. According to farmer activists, “there is an intentional campaign to turn farmers into serf
laborers.”

The continued administrative command system from the top to every village, leaves farmers with
no options of engaging in any kind of free entrepreneurship. Contrary to the legislation on farming,
the government, at the beginning of every year, imposes a plan for the harvest of grain and cotton ,
and determines procurement prices which fall severely short of covering farmers’ expenses. As a
result, farmers are barely able to fulfill the plan, not only not earning any profits, but finding
themselves in debt to the state.

6. The old practice of using forced child labour continues.
Despite Uzbekistan’s ratification of the International Labour Organization conventions 182
“Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child
Labour” and Convention 138 on Minimal Age for Admission to Employment, the government
continues to use child and forced labor in the cotton fields. There is ample evidence
demonstrating that as of this September and October, despite new government legislation and
international commitments, Uzbekistan’s government has sent children ages 12-16 years old
to pick cotton.

7. Uzbekistan continues to systematically practice torture in its detention facilities.
Over the last year, Uzbek prison colonies produced at least five dead bodies of prisoners; all of the
deceased had suffered torture. All victims had been convicted of “participation in religious

organizations.”

Observations of court trials show that the Uzbek government condones the existence of torture, and
judges and prosecutors have dismissed complaints of torture and abuse. The group Human Rights
Alliance, which observes trials, identified nearly 20 incidents of torture over the last four months.
The group reported on a murder investigation in which over 50 persons were tortured.

8. Uzbekistan’s judiciary is now even less independent.
The introduction of habeas corpus in Uzbekistan in January 2008 was hailed as a mark of progress
in Uzbekistan’s criminal justice system. According to research done by the human rights defenders
from Expert Working Group, the new mechanism for issuing arrest warrants made no practical
differences in how justice is administered. Though an arrest warrant is formally issued by the court,
according to observers, in 99% of cases, the prosecutor’s application for authorization for arrest and
custody is given by the court. The Court is not authorized to check the legality of the arrest and
custody, hearings are conducted in closed sessions, and the participation of the defense council at
this stage is not mandatory.

Since January 2009, new amendments to the Law on Advocacy deprive lawyers of their
independence. The new structure, the Lawyers Chamber, which has been created to replace the
previous Bar Association, is administered by the Ministry of Justice. A ministerial decree in 2009
had all lawyers undergo re-certification, and in the process, lawyers engaged in human rights
defense, such as Rukhiddin Komilov and Rustam Tulyaganov, lost their licenses to practice law.
This has had a chilling effect, discouraging and intimidating lawyers from taking on cases involving
human rights violations, arrests of human rights defenders, journalists, and religious dissidents, as
well as cases of torture.

9. The government has systematically undermined the rights of religious minorities.
The government continues to arrest and convict Muslims belonging to non-state-sanctioned
religious groups, even if their ideology espouses neither extremism nor violence. According to the
analysis of youth group “Veritas,” the government exaggerates the issue of religious extremism and
uses it “as a political tool to tighten and maintain control over society.”

The last year saw a series of arrests and convictions of followers of the “Nurchilar” religious
movement, which has Turkish roots. There are at least 40 known cases of convicted members of this
group being handed sentences of six to 12 years for mere association with this movement. The only
basis for their conviction was that they admitted to reading unsanctioned religious literature, the
majority of them the books of the Turkish theologian Said Nursi, books which are published openly
in Turkey. Arrests of members of this group are continuing across the country.

10. The country has no freedom of the press, has driven out representatives of the international
media, and blocks websites of independent publications and organizations.
It is astounding how representatives of some member states of the European Union have cast a
blind eye on the large scale suppression of human rights in Uzbekistan. Some have even spoken of
“progress” in Uzbekistan where none exists. We were disappointed to hear that at the last meeting in
September 2009, EU special representative for Central Asia Pierre Morel praised his three years of
dialogue with Uzbekistan, which he said has led to substantial results, even if certain areas remain
“sensitive and controversial.”

If the European Union is determined to demonstrate its commitment to the values of human rights
worldwide, it should seek concrete steps from the government of Uzbekistan, only easing sanctions
when significant improvements are taken to remedy all of the 11abovementioned charges.

As a demonstration of its readiness for dialogue, the Uzbek government should release all civil
society activists (see attached list of human rights defenders). The European Union should remain
uncompromising on this issue and retain the existing sanctions until the Uzbek government takes
meaningful action.

1. Umida Niyazova, Uzbek-German Forum for Human Rights, Germany, (contact person)
ug.forumforhr@gmail.com

2. Vasila Inoyatova, “Ezgulik”, Human Rights Society of Uzbekistan
3. Sukhrobjon Ismailov, Expert Working Group, Uzbekistan
4. Elena Urlaeva, Human Rights Alliance, Uzbekistan
5. Dilorom Iskhakova -Dvizhenie “Birdamlik”
6. Iskandar Khudayberganov – Center of Democratic Initiatives
7. Bakhtiyor Khamroev, human rights activist, Uzbekistan
8. Mamir Azimov, International Human Rights Society, Uzbekistan
9. Sanjar Saidov -”Veritas” Youth Human Rights Movement of Uzbekistan
10. Bakhodir Namazov, Committee to release prisoners of conscience, Uzbekistan
11. Tolib Yakubov, Human Rights Society of Uzbekistan, France

12. Nurillo Maksudov, Andijan – Justice and Revival, Germany

13.Abdujalil Boymatov,Human Rights Society of Uzbekistan,Ireland
14. Kamoliddin Rabbimov, political analyst, France
15. Zokirjon Ibragimov, exiled journalist, Sweden
16. Ulugbek Khaydarov, exiled journalist, Canada
17. Kudrat Babajanov, exiled journalist, Sweden