6. NO FREEDOM FOR UNDESIRABLE!
► The punishment for a former member of Parliament of the Republic of Uzbekistan Murod Juraev is extended several times, which in 1994 year had the verdict of the Supreme Court of the Republic of Uzbekistan has been sentenced to lengthy prison terms. Political prisoner has been extended once again placed in solitary confinement institutions №64/48 relating to the General Directorate of Penal Jurisdiction of the Republic of Uzbekistan. Meanwhile the prisoner term of punishment which was the last time lengthened by Almalyk Municipal Court for three years, was released on 14 August this year.
Juraev’s spouse Holbeka Juraeva arrived in Zarafshan to the next meeting with her husband and they had said that the meeting lasting three days and nights will be held every other day. They also said that she had brought with them food and clothing will be accepted. However Holbeka Juraeva telephoned to the Human Rights Society of Uzbekistan “Ezgulik” and said that as directed by the special commission, which arrived from Tashkent, Murod Juraev has placed for 10 days in solitary confinement. Meeting was not held and the products were not accepted. Head of state institution the lieutenant colonel Bobokul Shamsiev was not accept Holbeka Juraeva and not listened to her appeal. Development of affairs shows that again in haste will be raffled off the court and play again for violating a domestic regime will be added to the sentence.
► Avazov Mirzakarimov who lives in the house 4, str. Oklon Shayhontohurskogo district of Tashkent have once again added a sentence. He is son suffering women Fotima Mukadirova which is well known to the public through the media. The verdict of the Tashkent City Court on criminal cases he was charged with membership in a religious radical movements and on July 24, 2000 year to imprisonment for 16 years. Recently in accordance with the announced verdict of the Yunusabad district court on criminal cases Avazov Mirzakarim was convicted under article №221 of the Criminal Code of the Republic of Uzbekistan. (Disobedience to the administration of penal institutions). He was charged with the penalty of imprisonment for a term of 4.5 years. At the same time before the end of the sentence of the first sentence he remained for 9 months. Allegedly he was a prisoner of his faith and viewed Russia's television channel, banning in the establishment of 64/45 Ministry of Internal Affairs of the Republic of Uzbekistan and in violating of other legal requirements.
The eldest son Fotima Mukadirova Avazov Muzaffar (was born in 1967 year) died due to the use of torture in its August 8, 2002 to establish a 64/71 that located in Jaslik. After this event had acclaiming in his time in the international press Fotima Mukadirova one brought up seven grandchildren-orphans (children of Muzaffar and Mirzakarim). Unfortunately, on the eve of his release from prison Mirzakarimov under worthless excuse have been again added sentence. Recently the Human Rights Society of Uzbekistan “Ezgulik” sent to Chief of the Penitentiary Ministry of Internal Affairs Colonel A. Shodiev as an appeal on the fact of illegal premises for 4 months in solitary confinement (prison sentence) Avazov Mirzakarim and required to comment on the health of the prisoner.
7. THE COMMON MISCHIEF OR WHAT IS THE PROBLEM: THOSE WHO COMMAND OR THOSE WHO EXECUTE?
►On 16 April this year to protest the actions of local authorities citizen Halima Uljaeva residing in the city Oktosh of Narpay district of Samarkand region has committed itself to self-immolation. The farmers group came to Tashkent to express their protest. The groups of citizens who have presenting complaints you can see near the entrance of Corporation group head by the President and the Attorney General's Office. In the courts of Syrdarya region have consider with dozens of cases of farmers. At the entrance to the regional prosecutor's office and the regional department of justice in the Ferghana Valley and other regions can be seen dozens of farmers, vainly awaiting consideration of their appeals. If we talk about farmers who had grown gray before began to make a profit, then the flow of their applications in human rights organizations, in particular, in the Human Rights Society of Uzbekistan “Ezgulik” is endless. The factor that caused social turmoil throughout the country is the latest in farming reform.
On October 6, 2008 year was issued by decree of President of the Republic of Uzbekistan for the number P-3077 “On creation of a special commission to develop proposals for optimizing the size of land held by farmers”. The text is not published in any national database of legislation, nor in the media, therefore there no confidence in the correctness of its name which we used. Leave aside the fact who is interested in a situation reminiscent of an episode from the movie “The Secret edict of the Emperor” and who wants to keep secret the text of the order. We think long before decided to apply to the coverage of this issue. We really tried to explore the essence of reform. To this propose we talked with many farmers and agricultural specialists.
In the end after our meetings, there was hope that the policy of optimizing the farm is a progressive step and used in world practice. This method will in the future a positive result in Uzbekistan. If the reform would be implemented correctly then certainly strengthen the culture of agriculture, increase yields of wheat and cotton, on the basis of excellence will be working on irrigation and land reclamation. But what would happen if the reform will be implemented through the tears of people, strengthening the violence and corruption circles? If reform does not contribute to stability at a time when the lack of social balance in the country's shaky? This side of the issue is very important.
In fact, in the order signed by President Islam Karimov there is no direct reference to the optimization of farms by their forced association. But this can not be, because such an indication, first of all has contrary to the Constitution, laws and regulations. In accordance with the laws of each farm is a separate legal entity and to determine its strategy. According to one of the experts in the industry, the order stipulates that the Cabinet of Ministers should develop a mechanism for reform and farmers' associations should take place on a voluntary basis. In Uzbekistan where there is an authoritarian regime when even an oral statement in the speech of the President may serve to the corrupt interests, specifically perfect order or decree of any industry is carried out contrary. And the question of reform of farms same thing happened: from farmers forcibly obtained a statement on the return of their land area in reserve district hokimiyats. Those farmers who did not write such a statement, made to do so in advance beaten in police stations.
► Experienced farmer, an activist of the Human Rights Society of Uzbekistan “Ezgulik” Bobomurodov Razzokov two years ago introduced to the Cabinet of Ministers of the closure of farms which are extensive forms of agriculture and attach them to the best farms. Farmer said: “The time has come and this reform started. However the government ceded the initiative of the implementation of the reform to the corrupt community and local government authorities.” An activist of our Society who once became famous after the rights of farmers Karim Boboyev argues that the harm caused to the offenses in this process will not soon be recovered.
Farmers say that the treatment of their problems addressed on behalf of our Society in the state bodies, no one listens, and local hokimiyats who are representatives of governments, themselves led violence. The farmers asked reasonable questions: if things were not so, then perhaps on the subject did not show a TV? If the disposal of the President would be legitimate then perhaps it would not have been published in the newspapers? An elderly farmer who lost all hope referring complaints to various authorities in a conversation with our activists said: “This is our common misfortune. We will endure. We have gone through more difficult times.”
8. BLOOD FOR BLOOD AND SOUL FOR SOUL!
►On August 29 by anti-terrorist of the government (commandos) the several masked men with or without cause was fired a shot into the forehead Inogomova Dinora Abror Kizi who was born in 1959 residing in the city of Tashkent, Mannon Uygur street, House 5, Apartment 3. After the shouting of the only witness to the murder an eight Umarov Yakhyo hiding in the closet, then ran the neighbors. As a result of the fact that the machine of acute care for a long time has not been admitted to the territory, Dinora died.
Direct witness eight years Umarov Yakhyo was allotted by policemen in the police department of Shayhontohur district where detained for about 12 hours without any of the relatives. In order that not to mar the festivities on the occasion of Independence Day and the 2200 anniversary of Tashkent city, bury Dinorah not allowed. Her body was only recently been buried.
► In Society of “Ezgulik” also asked a citizen Umirova Saida who lives at the city of Tashkent, Mannon Uygur street, House 3, Apartment 14. In her address she said that on August 30th, at 11 o'clock her husband Umarov Sultonmurod (a younger brother of the late Dinora Inogomova), who personally went into the building of the National Security Council and did not return from there. Helpless woman do not give any information about the fate of her husband, whether he is alive or dead.
RECOMMENDATIONS
- To ensure the practical realization of the right to access to counsel and other safeguards against torture from the moment of actual imprisonment, at the request of a public official and at the request of the detainee;
- To ensure to the suspects in criminal cases a protect the rights and procedural guarantees and to ensure a measure that suspects are not subjected to illegal administrative detention;
- To ensure prompt, impartial investigations into all allegations of torture and ill-treatment;
- To establish a nationwide system of checking all places of detention and all allegations of ill-treatment in detention by providing regular, independent, unrestricted visits to all places of detention without declaring the time of such visits;
- To establish a medical service, independent of the Ministry of Internal Affairs and the Ministry of Justice to conduct medical examinations taken into custody immediately after arrest and after release in a planned manner and at the request of those persons, individually or together with the appropriate independent body forensics medical examination. The special cases, such as the death of a prisoner in custody should be considered by independent experts and their results communicated to the relatives of the deceased. Without delay investigate about all allegations of torture and ill-treatment by law enforcement officials in detention centers, including consideration of materials submitted to the court confirming the facts of abuse and prosecute offenders under the law with appropriate sanctions;
- First of all, it is necessary to adopt the Law on police;
- To limit the State's capacity to intervene in the activities of NGO’s at its discretion. To do this it is necessary to amend the legislation governing the activities of nongovernmental organizations to bring it into conformity with international human rights standards in protecting the rights of persons carrying out human rights activities, including the “UN Declaration on Human Rights Defenders”.
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