By Steve Swerdlow
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We urgently need a structure independent of the state’s prison administration that will have the
authority to devise remedies in individual cases of past and ongoing abuse. The creation of a
commission of this type would signal the government’s willingness to listen to its citizens’ calls to end
human rights abuses and embark on a path that offers greater respect for human rights.
--interview with Agzam Turgunov, a human rights activist and victim of torture, imprisoned 2009-
2017.
More often than democracy-watchers would like to acknowledge, the death of a dictator usually
does little to fundamentally change the nature of a political system. Think Syria’s Bashar al-Assad in
2000, North Korea’s Kim Jong Il in 2011, and Venezuela’s Hugo Chávez in 2013. But in certain rare
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Steve Swerdlow is a human rights lawyer and expert on human rights issues in the former Soviet Region. Between 2010 and 2019,
Swerdlow was Senior Central Asia researcher in the Europe and Central Asia division of Human Rights Watch (HRW). An attorney with two
decades of scholarly and human rights experience researching and advocating on the post-Soviet region, Swerdlow headed HRW’s work
on Uzbekistan and Tajikistan, was the founding director of HRW’s Bishkek, Kyrgyzstan field office, and has been among the first
independent human rights workers to conduct extensive fieldwork on the ground inside Uzbekistan since the Uzbek government’s
decision to allow human rights organisations back into the country in 2017. He now is a consultant with the UN Development Programme
and the International Labour Organisation, where he conducts trainings to build the capacity of human rights activists and journalists in
Central Asia. Earlier Swerdlow was a fellow in the US State Department’s Young Leaders for Public Service program in Russia and worked
as a human rights monitor for the Union of Council for Soviet Jews and the International Organisation for Migration in Russia. Prior to
joining HRW, Swerdlow practiced law in San Francisco at Lieff Cabraser Heimann & Bernstein, LLP, and served as a law clerk to the
Honorable Judge Dean Pregerson of the US District Court for the Central District of California; Photo: Formerly imprisoned human rights
defender from Andijan Isroiljon Kholdarov meets formerly imprisoned human rights defender Ganikhon Mamatkhanov from Margilan in
Andijan in June 2018 following each’s recent release from prison. Each had thought the other might have died while in prison. © Steve
Swerdlow, Andijan, June 2018.
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cases, it can lead to concrete improvements in the lives of millions of ordinary people. Some have
argued this occurred—at least in part and for a time—in the case of Josef Stalin’s death in 1953. It
most certainly happened in August 2016 with the death of Islam Karimov, whose ruthless 27-year
reign (1989-2016) in Uzbekistan became synonymous with the worst forms of repression, torture,
and political imprisonment.
Now nearly four years since Karimov’s death and Shavkat Mirziyoyev’s assumption of the
presidency, Uzbekistan’s government has taken several decisive steps to address some of the worst
human rights abuses associated with the long rule of his predecessor as part of a larger, ambitious
reform program.
Beginning in September 2016, almost immediately following Karimov’s death and following on years
of international pressure, the government began releasing political prisoners, approximately 55 as of
July 2020, including long-held journalists and human rights defenders, in addition to releasing an
undetermined number of religious prisoners.
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Those released include Yusuf Ruzimuradov and Muhammad Bekjanov—two of the world’s longest
imprisoned journalists, in jail for 19 and 18 years, respectively—human rights defenders Agzam
Turgunov and Azam Farmonov, and peaceful political dissidents like Samandar Kukanov,
Uzbekistan’s first vice-chairman of Parliament after independence. Unlawfully jailed for 24 years,
Kukanov had been one of the world’s longest jailed political activists after Nelson Mandela.
Interview in Qarshi, Uzbekistan with recently released journalist Yusuf Ruzimurodov, imprisoned for 19 years and tortured. © Steve
Swerdlow, Philippe Dam, Qarshi, November 2018.
Dismantling another legacy, in August 2019, the president ordered the closure of the notorious
Jaslyk prison – long a symbol of Uzbekistan’s torture epidemic and imprisonment of government
critics – fulfilling a demand United Nations (UN) human rights bodies first issued 17 years earlier.
Ruzimuradov, Bekjanov, Turgunov, and Farmonov all served time there. There is ongoing concern,
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Government officials have reported that prison authorities have also released hundreds of independent Muslims – people who practice
Islam outside of strict state controls – who had been imprisoned on extremism charges for lengthy jail terms. However, it is impossible to
independently confirm claims about those releases or interview any of them without access to a list of people serving these sentences.
The authorities should make available a list of all persons currently serving sentences for extremism-related charges.
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however, that authorities have not permanently closed the facility and could still use it to detain
suspects.
This January, Mirziyoyev announced the abolition of the propiska, or Soviet-era residence permit,
which allowed authorities to highly restrict citizens’ internal freedom of movement. And breaking
with decades of internet censorship, he ordered a lifting of the ban on several critical websites, with
his government’s key representative on the media all but conceding that social media and bloggers
are now some of Uzbekistan’s most important arbiters of public opinion. Despite a more vibrant
media landscape, however, some bloggers and journalists are still subject to harassment, even
detention, when sniffing out corruption or challenging the conduct of local authorities.
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Probably
the most notable attempt to stamp out Soviet and Karimov-era abuses has been the government’s
significant efforts to eradicate forced adult and child labour in Uzbekistan’s cotton sector.
The above steps represent significant breakthroughs on human rights. But the past, especially when
left unexamined, has a way of taking revenge on well-intentioned reform plans, and of projecting
itself onto the future. The only way to ensure Uzbekistan decisively moves beyond the Karimov era’s
worst abuses and further improves its human rights record is for the government to commit to a
meaningful process of reckoning with the past and of transitional justice. Transitional justice refers
to judicial and non-judicial measures focused on truth and reconciliation as well as on justice and
accountability to acknowledge and redress the legacy of widespread human rights abuses that
became systematic under the rule of Islam Karimov.
Furthermore, violating its international and national obligations, Tashkent has yet to create avenues
for the rehabilitation of freed political and religious prisoners—many of whom remain in terrible
health due to the ordeal they experienced behind bars for decades. Uzbekistan’s former and still
detained political prisoners are entitled to justice and reparations for the serious human rights
violations they have endured—a process that is not yet on the table in Uzbekistan.
Embedded in international human rights law, transitional justice focuses on holding perpetrators
accountable for abuses and recognising the suffering and dignity of the victims. It also seeks to
establish an accurate account of the past—something which has never been possible since
Uzbekistan became independent in 1991. Moreover, transitional justice is necessary for an
Uzbekistan that is slowly emerging from a period of intense repression, but where human rights
violations have been so severe and entrenched in the way the county has functioned for a
generation that the normal justice system is not yet able to provide justice.
While not possible to examine each in depth here, transitional justice measures in Uzbekistan could
include: (1) public criminal prosecutions of the perpetrators of serious abuses; (2) truth commissions
relating to the persecution of government critics, including for the mass killings in Andijan in May
2005; (3) reparations for and the rehabilitation of victims of torture and politically-motivated
imprisonment; (4) institutional reform of the State Security Services (SSS) and police; and (5)
memorialisation of past abuses in the form of public spaces, monuments, and museums.
This essay aims to provide a roadmap for transitional justice in Uzbekistan by examining the
international and domestic legal framework that already exists to support such efforts. It
summarises the courageous attempts by former political prisoners to pursue their individual legal
rehabilitation, and in so doing, a larger national conversation about Uzbekistan’s dark past. It also
mentions statements by some government officials, however tentative, to open the door to a
reckoning with Uzbekistan’s past and ongoing human rights abuses.
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Amnesty International, Blogging in Uzbekistan: welcoming tourism, silencing criticism, June 2020
https://www.amnesty.org/en/latest/campaigns/2020/06/blogging-in-uzbekistan-welcoming-tourism-silencing-criticism/
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The brutal torture and death in police custody of Andijan resident Alijon Abdukarimov in May 2020
and the rare, public outcry Abdukarimov’s death has engendered illustrates the difficulty of rooting
out entrenched policies and practice of human rights abuse without sustained, independent
scrutiny, parliamentary oversight, and the robust involvement of independent media and civil
society.
Transitional justice and rehabilitation are needed here and now in Uzbekistan. While the results of
some of the above-listed reforms are real and have in effect overturned a significant amount of the
Karimov legacy, government officials, including President Mirziyoyev himself, have only made
oblique references to the repression of the past, preferring instead to ‘look ahead’. Such an
approach, however, is insufficient in addressing the underlying human rights issues that must be
addressed for Uzbekistan to move forward.
Transitional justice and rehabilitation are essential for helping establish respect for the rule of law
and accountable institutions after decades in which neither has existed. Such processes will be
extraordinarily difficult to achieve and require serious political courage. But absent a sobering
national dialogue about past abuses—one primarily guided by the voices of independent civil
society—it will be hard to imagine the ambitious reform program President Mirziyoyev has made the
hallmark of his administration being successful or sustainable over the long term.
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