Former Prisoners Lack Access to Justice
Although it has received praise for their release, the Uzbek government has taken no concrete action
to rehabilitate the approximately 55 political prisoners, including human rights defenders, political
activists, journalists, and other public figures, nor the many other religious prisoners it has freed. The
vast majority of those the government has released are still presumed to be guilty of committing a
crime.
The mechanism of release has taken the form of pardons, early releases, or amnesties, rather than
successful appeals or any official action taken to explicitly recognise that detention was unlawful or
arbitrary. While some of the long-term imprisoned human rights defenders and journalists refused
to officially ask forgiveness for the crimes they did not commit as a condition for release, some were
pressured to do so.
In practice, Tashkent’s current policy amounts to a refusal to acknowledge officially the arbitrary or
politically motivated nature of the original detention and later imprisonment and deprives victims of
an opportunity to investigate the perpetrators of serious abuses they have suffered.
In the absence of government action to provide rehabilitation, many released political prisoners
have taken it upon themselves to seek legal reviews of their earlier convictions. In the process, they
have met with serious obstacles.
“We Regret to Inform You That Your Case File Has Been Destroyed”
Several released prisoners report that they are unable to obtain the court documents in their own
cases without which they are unable to file and litigate appeals of their original convictions.
For example, Samandar Kukanov, a former member of parliament who served 23 years and five
months in prison in retaliation for his peaceful opposition political activity, was released on
November 24
th
, 2016. “I served longer than any other political prisoner in Uzbekistan’s history,”
Kukanov told me. “During the 23 years of my imprisonment, several of my family members were
jailed and my wife’s health was destroyed. More than anything I want to be exonerated because I
never committed the crimes for which I was convicted.”
In September 2018, after filing an appeal with the Tashkent Regional Court to review his criminal
sentence, Kukanov received a letter informing him that the “materials of his criminal case” had been
“destroyed in accordance with established procedure” on April 6
th
, 2017 by the Tashkent Region
State Archive. On this basis, the letter said, his requests for “full rehabilitation” could not be
reviewed. The letter later proved to be an attempt by authorities to derail him from prosecuting the
case.
The following year, Kukanov went on to argue for his rehabilitation in Uzbekistan’s Supreme Court—
a remarkable hearing attended by the author of this piece. His lawyers argued passionately that the
case had been fabricated on the basis of false evidence, was retaliation for Kukanov’s peaceful
opposition to Karimov, and that the conviction should be overturned in accordance with the
“reforms of the new president.” Nonetheless, in July 2019, the Supreme Court rejected Kukanov’s
effort to quash the conviction and ruled that “all charges in the [original] case… had been proven.”
Kukanov is determined to continue his struggle and will appeal again.
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