Association Human Rights in Central Asia

Centre MBE 140, 16, rue de Docteur Leroy, 72000 LE MANS FRANCE

Tel.: +33 6 13 41 40 70; E-Mail: asiecentrale@ neuf.fr

http://www.asiecentrale.info

PRESS-RELEASE

1 December 2009

Uzbekistan: on practice of false charges

IS HUMAN RIGHTS ACTIVIST GAYBULLO JALILOV CHARGED WITH A CONSPIRACY TO BLOW UP THE KARSHI AIRPORT AND “KHANABAD” MILITARY BASE?

Human rights activist Gaybullo Jalilov is charged with undermining the foundations of the constitutional system of Uzbekistan and other grave offences. He voiced his opinion in the public that Muslims are given no peace in this country and that the president and the Government conduct wrong policy concerning Islam. Now he faces 20 years confinement. Though the human rights activist has been declared guilty the charge is unsubstantiated. A trial has begun, will the sentence be fair?

Gaybullo JALILOV, born on August 24, 1964, is a professional cook. He belongs to Karshi department of the Human Rights Society of Uzbekistan (HRSU) since 2003. He protected victims of liberty of conscience violations. Owing to his vigorous activity the HRCU formed a list of persons persecuted on religious grounds in Karshi region. He enjoys special confidence among the population. Gaybullo Jalilov visited the Navo mosque, performed namaz and took part in conversations on religion, and because of that he particularly was put on file by the law enforcement.

On September 5, 2009, human rights activist Gaybullo Jalilov was arrested. He faces charges under Art. 155, part 3, paragraphs “?” and “b” (terrorism); Art. 156, part 3, paragraphs “a“, “b“, “d” (incitement of national, racial or religious enmity); Art.159, part 3, paragraph “b” (infringement against constitutional system of the Republic of Uzbekistan ); Art. 161 (sabotage); Art. 242, part 1 (organization of criminal association) ; Art. 244, note 1, part 3, paragraphs “?” and “b” (production or dissemination of materials constituting threat to public security and public order); Art. 244, note 2, part 2 (founding, leading, participation in religious extremist, separatist, fundamentalist and other forbidden organizations) .

Together with G. Jalilov within the scope of this criminal case, the same charge is brought against Sodikov Utkur, born in 1966, father of three children, Karshi resident; Bobamurodov Jusuf, born in 1971, father of three children, Karshi resident; Ochilov Faisulla, born in 1973, father of four children, Karshi resident. Other trial participants – Ismoilov Shuhrat, born in 1974, father of four children, resident of Chirokchin district of Kashkadar region; Madjidov Tulkun, born in 1972, father of four children, Karshi resident; Nuriddinov Jamshid, born in 1978, father of two children, Karshi resident – are charged under Article 241, part 2 of the Criminal Code of Uzbekistan (no reporting or misprision of crime).

Methods of Gang Cases Manufacturing

On November 25, 2009, in Kashkadar regional court a trial began in the criminal case ?1210, initiated by the National Security Service of Kashkadar region on August 26, 2009. Seven accused men were nailed on charge for their alleged intention to blow up the Karshi airport, security agencies and “Khanabad” military base.

At the same time the whole accusation is grounded in the information on Jalolov Najmiddin, Ismoilov Khabibullo, Jalolov Murod, Shahobiddinov Kamaliddin, Bahodirov Amirsaid, Salimov Gafur, Bekmirzayev Ahmad and other Uzbekistan nationals which is not backed. According to information of the law enforcement at the present time these men reside outside Uzbekistan i.e. in Pakistan , Afghanistan and other Muslim countries. According to the prosecutors in 2000-2003 all of them living outside Uzbekistan recruited people in Uzbekistan for sabotage and coercive removal of senior officials representing legitimate authorities. Also they are imputed with incitement to illegal acts and dissemination of materials including some unspecified separatist slogans. Jalolov Najmiddin, Bekmirzayev Ahmad and Bahodirov Amirsaid in the case ?1210 are targeted as persons who engaged associates to forward them to “Al-Qaida” training camps located near Kazakhstan border by order of mentioned above emigrant compatriots. This was the alleged purpose of visiting Uzbekistan regions by Bekmirzayev A. in 2003 in search of associates among secret religious extremists such as Kazakbayev F., Kulbekov R., Tukhtayev F., Ramazanov L., Temirov Kh. and others.

But it is not designated in the letter of accusation how such an activity could be performed in distance in the period of 2000-2003. Then Internet access was even worse than now. And what is the relation of the idea of “separatism” to all of this? Could it be true that the investigators used this concept having no understanding of separatism?

Persons already serving their sentences in custody are targeted by this criminal case too. They are Choriyev Ihtior, Nurullayev Bahadyr, Tujchiyev Dilshod, Vohidov Laziz, Abdulayev Anvar, Tursunov Hayrullo, Jumayev Akbar, Odilov Hassan, Bozorov Suhrob, Kholjorov Azamat (pseudonym – Abdurahmon). According to the criminal case documentation a statement against human rights activist Gaybullo Jalilov was given by a prisoner Utkur Sodykov, acquainted with Kholjorov Azamat. Following this chain the criminal relation was traced by the investigators. Evidence of criminal acts determining these relations is absent in the letter of accusation. Personal information on prisoners mentioned above is absent in the criminal case documentation too. In this connection it is greatly to be feared that all persons having names identical to those listed above are under threat of getting new terms of deprivation. There are many people with identical names and surnames in Uzbekistan . The practice of setting additional terms of deprivation for serious offences to those who already serve their sentences in custody is in wide use meanwhile.

Methods of Substantiation Guilty and Observance of the Rights of the Accused

Benefit of counsel

All the accused except Gaybullo Jalilov have state counsels. A counsel Munojat Parpiyeva had been admissed to her client Gaybullo Jalilov later on. She was not informed that the trial had started, she discovered this from the news on the Internet. The court tried to ignore participation of counsel Parpiyeva during two initial sessions thrusting an appointed lawyer on her client. Presently she takes part in the trial and defends the interests of prisoner Gaybullo Jalilov.

Torture and other prohibited types of treatment

The second day after his detention Gaybullo Jalilov cut veins on a bone, 3-4 sm wound size. The cut was skin–deep. When counsel Munojat Parpiyeva saw a healing wound on G. Jalilov’s body she asked him at once to make a statement to the Prosecutor on moral coercion by the investigation. According to her G. Jalilov had a major depression, he was crushed and refused to file a complaint. He found no sense in efforts to get off. Later he confessed his counsel that no coercion was used against him but he was treated in the extreme rough, degraded and driven to hysteria he forcibly had to give testimony against his close ones. Then playing upon his sense of guilt before his relatives they impressed on him that there was no perspective to defend oneself. G. Jalilov feels horror because the chain of outrage against the dissenting ones is being changed but does not ease up.

The Association “Human Rights in Central Asia “ has no access to information on treatment of the other accused.

The right for medical aid

Gaybullo Jalilov feels used up and he looks haggard. As early as in the time of his army service one his lung was removed and in the last time a kidney disease sharpened. The relatives in the time of their meeting noticed that Jalilov was pulled down and depressed because of incessant pains. All attempts of the counsel and the relatives to obtain medical aid for G. Jalilov are being ignored up to date.

The evidence

All evidence of the prosecutors is grounded in statements that shock but are not logical. All the personal testimonies in this case exactly corroborate the story of the prosecution. Quite possibly the statements were obtained under pressure of physical force because the rights had not been explained to people and their lawyers were not present during the interrogations.

All efforts of Gaybullo Jalilov to explain that illegal acts he is imputed with could had not been physically performed in Uzbekistan as in that period, the years 2007-2008, he lived in Russia are still ineffectual. In fact Jalilov worked in Russia and had no normal communication even with his relatives. What is more at the same time he was bound up in personal domestic and social problems, so he was incapable to govern activity of anyone. This is for reasons of health that it became necessary for him to return from Russia to Uzbekistan. In that period he was unable even to engage in human rights activity because of his disease and need of treatment.

Meeting with the relatives of prisoners

Only on November 6, 2009, at first time after this arrest a meeting of Gaybullo Jalilov with the relatives took place in a city of Beshkent at the office of Karshi district Ministry of Interior department. During this meeting three secret service officers were present. The rest of the accused met their relatives only once in the mentioned period too.

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The Association “Human Rights in Central Asia” is concerned with widening practice of gang court trials in Uzbekistan. This criminal case ?1210 is a spectacular example of disregard of the law in the country.

The Association “Human Rights in Central Asia ” draws attention of the UN High Commissioner of Human Rights, the UN Special Rapporteur on Freedom of Opinion and Expression and other international organizations to the destiny of the accused in the criminal case ?1210 of August 26, 2009.

For more information you may contact the President of the Association “Human Rights in Central Asia” Nadejda Atayeva at addresses: asiecentrale@ neuf.fr ; n.atayeva@gmail. com