URGENT APPEAL -
THE OBSERVATORY
UZB 005 / 0809 /
OBS 114
Arbitrary
detention / Harassment
Uzbekistan
August 5, 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 arbitrary
detention of Ms. Oyazimkhon Khidirova, member of the Djizak branch of
the Uzbekistan International Society for Human Rights, one the few NGOs
registered with the Ministry of Justice. Ms. Khidirova is an active defender of
the rights of farmers and she has been denouncing corruption at the local
level.
According to the information received, 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.
On August 5, 2009, the Djizak Court of Appeal was to issue a decision
regarding this appeal, but no information could be obtained on that question as
of issuing this urgent appeal.
Ms. Oyazimkhon Khidirova would remain held at the medical division
of the Dustlik detention centre, since her health status would have
deteriorated while in detention.
Further, her house would have been 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.
The Observatory
expresses its deep concern at Ms. Oyazimkhon Khidirova’s arbitrary detention, which seems to
merely aim at sanctioning her human rights
activities, in particular the disclosure of information concerning the
situation of farmers in the Dustlik district implicating local public
officials. More recently, she
directly targeted the District Prosecutor and Vice-Governor of the district
(vice-hakim) for acts of corruption in an open letter addressed to
President Karimov.
The Observatory
expresses its deepest concern with these blatantly abusive proceedings and
arbitrary detention, which are further evidence that the Uzbek authorities are
determined to silence any form of dissent in the region and in the country.
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” .
The Observatory
further urges the European Commission Delegation as well as European Union (EU)
Member-States embassies in the Uzbekistan to call upon the Uzbek authorities to
comply with the 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 the EU Guidelines on Human Rights
Defenders.
Actions required:
Please write to
the Uzbek authorities urging them to:
i. Guarantee in
all circumstances the physical and psychological integrity of Ms. Oyazimkhon
Khidirova;
ii. Release Ms.
Oyazimkhon Khidirova immediately and unconditionally since her detention is
arbitrary as it only aims at sanctioning her human rights activities;
iii. Put an end to
all acts of harassment - including at the judicial level - against Ms.
Oyazimkhon Khidirova 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. 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.
***
Geneva - Paris,
August 5, 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
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