URGENT APPEAL - THE OBSERVATORY

UZB 009 / 1109 / OBS 175

Judicial harassment / Sentencing

/ Slandering campaign

Uzbekistan

November 27, 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.

Description of the situation:

The Observatory has been informed by reliable sources about the sentencing of Mr. Ganikhon Mamatkhanov, a member of the Committee for the Protection of Individual Rights as well as of the Independent Human Rights Society in Uzbekistan, to 5 years of imprisonment.

According to the information received, on November 25, 2009, Mr. Ganikhon Mamatkhanov was convicted of “fraud” and “bribery”, according respectively to Articles 211.3 and 168.3 of the Criminal Code, and sentenced to 5 years of prison.

On October 9, 2009, Mr. Ruzimat Usmanov, a local farmer would have allegedly planted 500.000 Uzbek sums (approximately 350 USD) into Mr. Mamatkhanov’s pocket. Mr. Mamatkhanov was immediately arrested by the officers of the public prosecutor’s office who were standing nearby. Mr. Mamatkhanov was also accused of having demanded respectively 6 million and 4.5 million Uzbek sums (approximately 4000 and 3500 USD) to Mr. Ruzimat Usmanov and Mr. Tahir Suleymanov, another farmer. According to Mr. Abdumalom Ergashev, a Fergana-based activist, Mr. Tahir Suleymanov later admitted that he had given a false testimony, confessing that Mr. Mamatkhanov had not demanded 4.5 million sums to him.

On October 12, 2009, the Fergana City Court placed Mr. Mamatkhanov in pre-trial detention on preliminary charges of fraud and bribery, and ruled that the latter should remain in custody for the duration of the investigation.

On November 16, 2009, the first hearing was held against Mr. Ganikhon Mamatkhanov before the Akhunbabaev district court for criminal cases (Ferghana district). However, because of the absence of Mr. Usmanov, the trial was postponed to November 23, 2009, as the judge demanded that the prosecutors ensure the attendance of at least one of their main witnesses at the trial.

Moreover, a slander campaign against Mr. Ganikhon Mamatkhanov had been launched on the website press-uz.info before his arrest and after Mr. Ganikhon Mamatkhanov had investigated about and denounced the adverse consequences of the ongoing land reform. Indeed, two days before his arrest, a man called Sarvar Rashidov published an article entitled “Positive is alien to Radio Ozodlik”, alleging that Mr. Ganikhon Mamatkhanov was spreading lies about problems with plastic cards in Fergana through Radio Liberty.

These events follow the publication a few days before his arrest of an open letter by Mr. Mamatkhanov addressed to Mr. Islam Abduganiyevich Karimov, President of Uzbekistan, denouncing the adverse consequences of the ongoing land reform in Uzbekistan. Mr. Islam Abduganiyevich Karimov is also due to visit Fergana in the coming weeks.

The Observatory expresses its deep concern about Mr. Mamatkhanov' s sentencing, as it seems to merely sanction his human rights activities, and which is further evidence that the Uzbek authorities are determined to silence any dissenting voice in the country. It is as such a flagrant violation of the provisions of the United Nations (UN) Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998. .

In addition, the Observatory recalls that as a participating State of the Organisation for Security and Cooperation in Europe (OSCE), Uzbekistan acknowledges that “the UN Declaration on Human Rights Defenders [places] a responsibility [...] on States to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and 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”[1].

Finally, the Observatory recalls that in accordance with Article 11 of the European Union (EU) Guidelines on Human Rights Defenders, the EU missions in Uzbekistan shall urge Uzbek authorities to comply with the relevant international norms and standards and, in particular, the UN Declaration on Human Rights Defenders in order to create an environment where human rights defenders can operate freely.

Actions required:

Please write to the Uzbek authorities urging them to:

i. Guarantee in all circumstances the physical and psychological integrity of Mr. Ganikhon Mamatkhanov as well as of all human rights defenders in Uzbekistan;

ii. Release Mr. Ganikhon Mamatkhanov immediately and unconditionally, since his detention is arbitrary as it only aims at sanctioning his human rights activities;

iii. Put an end to all acts of harassment, including at the judicial level, against Mr. Ganikhon Mamatkhanov as well as all other human rights defenders in Uzbekistan and ensure in all circumstances that they are able to carry out their human rights activities without any hindrance;

iv. 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”;

v. Comply with the provisions of the Document of the Copenhagen Meeting of the 2nd Conference on the Human Dimension of the Cooperation and Security Conference in Europe (CSCE) (1990), and guarantee the respect of human rights and fundamental freedoms in accordance with the Universal Declaration on Human Rights and other international human rights 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, November 27, 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