Uzbekistan
02.06.03
Urgent Interventions
Uzbekistan: death in detention of Orif Eshonov
Case UZB 020603
Torture / Death in detention / Freedom of religion and belief
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Uzbekistan.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Kyrgyz Committee for Human Rights, a member of the OMCT network, and another reliable source, of the torture and subsequent death in detention of Orif Eshonov in Uzbekistan.
According to the information received, Orif Eshonov was arrested between May 5th and 6th, 2003, by members of the Karshi National Security Service (NSS). On May 15th, 2003, Karima Eshonova, Orif Eshonova's sister, was informed by a prosecutor of the Yangiyul militia department that her brother was being detained by the NSS, and was currently in poor health. She was informed that family members must travel to Karshi, a distance of approximately 600 km from where the family lives, to see Mr. Eshonov. At 8:30 AM on May 16, 2003, Karima Eshonova and another brother arrived at Karshi NSS and enquired about Orif. They were informed that there was no detainee named Orif Eshonov at that location and sent to the Karshi Prosecutor (Prokuratura). At 9:30 AM Ms. Eshonova and her brother were told by the prosecutor that Orif Eshonov had died in the hospital, reportedly from a combination of heart and lung disease. Karima Eshonova was then questioned about Orif's and other family members' religious affiliations. The prosecutor reportedly claimed 1,500 religious leaflets were found with Mr. Eshonov.
After being questioned, Karima Eshonova and her brother were brought to the morgue. There Ms. Eshonova saw Orif's body. She reportedly noticed large 3-4 centimetre bruises on his arms, a large puncture wound on his torso, which appeared to have been caused by a metal bar, and large needle puncture wounds on his hands a feet. Orif's body was then brought to the Karshi prosecutor's office, and Ms. Eshonova was unable to bring the body home until 9:30 PM. A car from the Karshi prosecutor's office drove them back to Yangiyul.
At their 3:30 AM arrival in Yangiyul a neighbourhood chief, the Imam of Yagniyul, and a neighbour were waiting. Mr. Eshonov's family was informed that Orif's tomb was ready and that the funeral costs would be covered by the neighbourhood budget. The family was also told that the funeral must be held at 7:00 AM. At 7:00 AM the man preparing the tomb informed the family that the Yangiyul deputy mayor had personally ordered Orif's funeral to be held as soon as possible. The family did not agree and postponed the funeral until 12:00 PM. Eight unknown individuals, who were probably security service members, attended the funeral.
Mr. Eshonov's family members are on the list of "religious persons" and must write monthly memos to the law-enforcement agencies stating that hey have not joined any religious parties and/or movements and are not against the constitutional system. One of Orif Eshonov's brothers, Maruf Eshonov is currently serving a 16-year prison sentence, charged with being affiliated with Hizb ut-Thrir, at Shaikhali prison. Orif Eshonov left home after Maruf Eshonov was imprisoned, fearing that he might also be imprisoned for his religious convictions.
OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention in Uzbekistan. OMCT calls upon the authorities to halt the persecution of the Hizb-ut-Tahrir and to guarantee the freedom of religion in the country.
In a separate incident, four women whose husbands are serving prison sentences for “encroachment of the constitution” are now being charged with the same offence. The four women involved are Malika Raimova, 29-years-old and pregnant, Mukaddam Nugmanova, Fatima Nugmanova, and Saodat Nugmanova. Ms. Raimova has already spent time in a detention facility for “encroachment of constitutional order” and “possession of literature with extremist religious content.” At the time of her arrest Ms. Raimova was carrying letters from the other three women. There are no lawyers for the defence at this trial, so the defendants to not have any access to legal counsel during the proceedings, which represents a violation of their procedural rights, as defined by the internationally recognised standards of fair trial.
The International Secretariat of OMCT is gravely concerned by the targeting of individuals based on their beliefs, notably the crackdown against actual or alleged members of the Hizb-ut-Tahrir, in Uzbekistan. OMCT calls on the Uzbek government to order an immediate inquiry into the events surrounding Mr. Eshonov’s death, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law, as well as to provide Mr. Eshonov’s family with adequate reparation. OMCT also calls on the Uzbek government to ensure that the women charged with encroachment of constitutional order receive a prompt and fair trial, with adequate access to legal counsel.
Action requested
Please write to the authorities in Uzbekistan urging them to:
i. guarantee the physical and psychological integrity and order the immediate release of the afore-mentioned detainees in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. guarantee that they have access to legal representation;
iii. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture and the resultant death in detention of Orif Eshonov, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee adequate reparation to Orif Eshonov’s family;
v. put an immediate end to the persecution and harassment of the individuals associated with Hizb ut-Tahrir;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Islam Abduganiyevich Karimov, President of the Republic of Uzbekistan, Respublika Uzbekistan; 700163 g. Tashkent; ul. Uzbekistanskaya, 43; Rezidentsia prezidenta; Prezidentu RU; KARIMOVU I.A., UZBEKISTAN, Fax: + 998 71 2 89 00 46 (please write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29; Prezidentu RU; KARIMOVU I.A.")
· Abdulaziz Khafizovich KOMILOV, Minister of Foreign Affairs, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del, RU; Ministru KOMILOVU A.Kh., UZBEKISTAN, Fax: + 998 71 139 15 17
· Sayora RASHIDOVA, Parliamentary Commissioner for Human Rights, Sayora RASHIDOVA, Respublika Uzbekistan; 700035 g. Tashkent; ul. Xalqlar Dostligi, 1; Oliy Majlis RU; Upolnomochennoy po pravam cheloveka pri Oliy Majlis; RASHIDOVOY S., UZBEKISTAN, E mail: ombudsman@uzpak.uz / office@ombudsman.gov.uz
· Chairman of the Supreme Court of the Republic of Uzbekistan, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan; Predsedatelyu ISMETOVU I
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, June 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Torture / Death in detention / Freedom of religion and belief
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Uzbekistan.
Brief description of the situation
The International Secretariat of OMCT has been informed by a Kyrgyz Committee for Human Rights, a member of the OMCT network, and another reliable source, of the torture and subsequent death in detention of Orif Eshonov in Uzbekistan.
According to the information received, Orif Eshonov was arrested between May 5th and 6th, 2003, by members of the Karshi National Security Service (NSS). On May 15th, 2003, Karima Eshonova, Orif Eshonova's sister, was informed by a prosecutor of the Yangiyul militia department that her brother was being detained by the NSS, and was currently in poor health. She was informed that family members must travel to Karshi, a distance of approximately 600 km from where the family lives, to see Mr. Eshonov. At 8:30 AM on May 16, 2003, Karima Eshonova and another brother arrived at Karshi NSS and enquired about Orif. They were informed that there was no detainee named Orif Eshonov at that location and sent to the Karshi Prosecutor (Prokuratura). At 9:30 AM Ms. Eshonova and her brother were told by the prosecutor that Orif Eshonov had died in the hospital, reportedly from a combination of heart and lung disease. Karima Eshonova was then questioned about Orif's and other family members' religious affiliations. The prosecutor reportedly claimed 1,500 religious leaflets were found with Mr. Eshonov.
After being questioned, Karima Eshonova and her brother were brought to the morgue. There Ms. Eshonova saw Orif's body. She reportedly noticed large 3-4 centimetre bruises on his arms, a large puncture wound on his torso, which appeared to have been caused by a metal bar, and large needle puncture wounds on his hands a feet. Orif's body was then brought to the Karshi prosecutor's office, and Ms. Eshonova was unable to bring the body home until 9:30 PM. A car from the Karshi prosecutor's office drove them back to Yangiyul.
At their 3:30 AM arrival in Yangiyul a neighbourhood chief, the Imam of Yagniyul, and a neighbour were waiting. Mr. Eshonov's family was informed that Orif's tomb was ready and that the funeral costs would be covered by the neighbourhood budget. The family was also told that the funeral must be held at 7:00 AM. At 7:00 AM the man preparing the tomb informed the family that the Yangiyul deputy mayor had personally ordered Orif's funeral to be held as soon as possible. The family did not agree and postponed the funeral until 12:00 PM. Eight unknown individuals, who were probably security service members, attended the funeral.
Mr. Eshonov's family members are on the list of "religious persons" and must write monthly memos to the law-enforcement agencies stating that hey have not joined any religious parties and/or movements and are not against the constitutional system. One of Orif Eshonov's brothers, Maruf Eshonov is currently serving a 16-year prison sentence, charged with being affiliated with Hizb ut-Thrir, at Shaikhali prison. Orif Eshonov left home after Maruf Eshonov was imprisoned, fearing that he might also be imprisoned for his religious convictions.
OMCT has previously received allegations that members of the Hizb-ut-Tahrir run grave risks of being subjected to severe ill-treatment and torture while in detention, with a number of them having died in detention in Uzbekistan. OMCT calls upon the authorities to halt the persecution of the Hizb-ut-Tahrir and to guarantee the freedom of religion in the country.
In a separate incident, four women whose husbands are serving prison sentences for “encroachment of the constitution” are now being charged with the same offence. The four women involved are Malika Raimova, 29-years-old and pregnant, Mukaddam Nugmanova, Fatima Nugmanova, and Saodat Nugmanova. Ms. Raimova has already spent time in a detention facility for “encroachment of constitutional order” and “possession of literature with extremist religious content.” At the time of her arrest Ms. Raimova was carrying letters from the other three women. There are no lawyers for the defence at this trial, so the defendants to not have any access to legal counsel during the proceedings, which represents a violation of their procedural rights, as defined by the internationally recognised standards of fair trial.
The International Secretariat of OMCT is gravely concerned by the targeting of individuals based on their beliefs, notably the crackdown against actual or alleged members of the Hizb-ut-Tahrir, in Uzbekistan. OMCT calls on the Uzbek government to order an immediate inquiry into the events surrounding Mr. Eshonov’s death, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law, as well as to provide Mr. Eshonov’s family with adequate reparation. OMCT also calls on the Uzbek government to ensure that the women charged with encroachment of constitutional order receive a prompt and fair trial, with adequate access to legal counsel.
Action requested
Please write to the authorities in Uzbekistan urging them to:
i. guarantee the physical and psychological integrity and order the immediate release of the afore-mentioned detainees in the absence of valid legal charges, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
ii. guarantee that they have access to legal representation;
iii. guarantee an immediate investigation into the circumstances of these events, notably the allegations of torture and the resultant death in detention of Orif Eshonov, in order to identify those responsible, bring them before a civil competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee adequate reparation to Orif Eshonov’s family;
v. put an immediate end to the persecution and harassment of the individuals associated with Hizb ut-Tahrir;
vi. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· Islam Abduganiyevich Karimov, President of the Republic of Uzbekistan, Respublika Uzbekistan; 700163 g. Tashkent; ul. Uzbekistanskaya, 43; Rezidentsia prezidenta; Prezidentu RU; KARIMOVU I.A., UZBEKISTAN, Fax: + 998 71 2 89 00 46 (please write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29; Prezidentu RU; KARIMOVU I.A.")
· Abdulaziz Khafizovich KOMILOV, Minister of Foreign Affairs, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del, RU; Ministru KOMILOVU A.Kh., UZBEKISTAN, Fax: + 998 71 139 15 17
· Sayora RASHIDOVA, Parliamentary Commissioner for Human Rights, Sayora RASHIDOVA, Respublika Uzbekistan; 700035 g. Tashkent; ul. Xalqlar Dostligi, 1; Oliy Majlis RU; Upolnomochennoy po pravam cheloveka pri Oliy Majlis; RASHIDOVOY S., UZBEKISTAN, E mail: ombudsman@uzpak.uz / office@ombudsman.gov.uz
· Chairman of the Supreme Court of the Republic of Uzbekistan, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan; Predsedatelyu ISMETOVU I
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, June 2nd, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.