Tajikistan: UN experts urge unconditional release of arbitrarily detained Pamiri human rights defenders

All five are representatives of the Pamiri indigenous population in the Gorno-Badakhshan Autonomous Province. Their arrest, detention and conviction occurred amidst a human rights crisis in the Autonomous Province when, following the killing of a local Pamiri resident by police, mass protests erupted in November 2021 and were violently cracked down, leaving 40 people dead and hundreds detained.

Ms. Ulfatkhonim Mamadshoeva is a journalist, well-known human rights defender, and advocate for the rights of the Pamiri Indigenous population. She was arrested and detained on 18 May 2022 in Dushanbe and sentenced to 20 years imprisonment in December 2022.

Faromuz Irgashov, Khursandsho Mamadshoev and Manuchehr Kholiqnazarov are human rights lawyers and belong to the Pamiri Lawyers’ Association, the Director of which is Mr. Kholiqnazarov. All three were members of Commission 44, presided by Mr. Irgashov. This commission had been formed to investigate police brutality following the November 2021 protests. Still, after a further escalation in May 2022, its members were threatened, and several of them were detained and convicted on charges of terrorism or establishing or participating in a criminal association. They were arrested and imprisoned in Khorog on 28 May 2022 and sentenced in December 2022 to 29-, 18- and 16-years imprisonment.

Sorbon Yunoev is a Pamiri civic activist involved in community initiatives in support of the Pamiri indigenous population, who actively criticised the crackdown and police violence during the November 2021 protests. He was arrested on 13 June 2022 in Khorog, released, re-arrested, and detained on 17 June 2022. On 23 August 2022, he was sentenced to 10 years' imprisonment.

The World Organisation Against Torture (OMCT) submitted communications on these cases to the WGAD on 10 October 2023 and requested the Working Group to declare their detention as arbitrary and to call for their immediate release.

In its Opinions, the WGAD endorsed the arguments submitted by the OMCT and concluded that the detention of all five human rights defenders meets the definition of arbitrary deprivation of liberty on four separate counts. It noted also that the government failed to provide evidence that the accusations and charges brought had a factual basis.

The WGAD concluded that the arrest and detention of Mr Irgashov, Mr Mamadshoev and Mr Kholiknazarov were related to their legitimate advocacy for the investigation into police violence against the Pamiri Indigenous population and for having criticised law enforcement authorities for failing to effectively investigate police violence, as part of their work for Commission 44. Likewise, the Working Group concluded that the basis for the arrest and conviction of Ms. Mamadshoeva and Mr. Yunoev was their exercise of freedom of expression and freedom of assembly.

The Working Group considers that these convictions should be assessed against the backdrop of the current human rights and media freedom situation in Tajikistan – “a picture suggesting that these charges are trumped up and retaliatory in nature, aimed at silencing dissent and quashing human rights advocacy”, in particular in the context of the Gorno-Badakhshan Autonomous Province, and the broader context as reported among other things by the Special Rapporteur on the situation of human rights defenders, which indicates a pattern of repression in Tajikistan, where the crackdown on peaceful protests, independent media and human rights defenders has intensified.

We urge the international community, particularly Member States of the United Nations, to exert the necessary pressure on the Tajik authorities to:

• Immediately release Mr Irgashov, Mr Mamadshoev, Mr Kholiknazarov, Ms Mamadshoeva and Mr Yunoev and afford them an enforceable right to compensation and other reparations;
• Ensure a full and independent investigation of the circumstances surrounding their arbitrary deprivation of liberty and take appropriate measures against those responsible for violating their rights.