Uzbekistan
30.09.03
Urgent Interventions

Uzbekistan : New sentence against Mr. Ruslan Sharipov

URGENT APPEAL – THE OBSERVATORY

New information
UZB 002 / 0503 / OBS 025.2
Sentencing
Uzbekistan
September 30th 2003

The Observatory for the protection of Human Rights Defenders, a joint programme of the FIDH and the OMCT, requests your URGENT intervention in the following situation in Uzbekistan.

New information:

The Observatory has been informed by reliable local sources and Reporters without Borders, of the conclusion of the appeal before the Tashkent City court of the case of Mr. Ruslan Sharipov, an Uzbek human rights activist and independent journalist. The court did not accept the elements provided during the appeal and only slightly revised the previous verdict. As a result, the term of imprisonment was reduced from 5,5 years to 4 years for homosexuality (article 120 of the criminal code) and for sexual relations with a minor (article 128). The Court withdrew the charge of inciting minors to anti-social behavior (article 127). Mr. Sharipov, who arrived to the hearing with injuries to his face, is expected to appeal further to the Supreme Court.

According to the information received, on 5 September 2003, Mr. Sharipov wrote to UN Secretary-General Kofi Annan, saying he had “confessed” after being physically and psychologically tortured, threatened with death and forced to sign a fake farewell letter to make it look as if he had killed himself in case he died in prison.

Mr. Sharipov said that Interior Ministry agents had also threatened to beat up his lawyers if he did not dismiss them. One of them, Mr. Surat Ikramov, was attacked by four men in Tashkent on 28 August, just after he went to see the judge in charge of the case on the eve of a planned demonstration in support of Sharipov.

The Observatory recalls that Mr. Sharipov has been subject to numerous acts of harassment and intimidation in the past in reason of his articles about human rights and police corruption. The Observatory therefore fears that his sentence may be politically motivated and designed to prevent him from carrying out his activities in favour of human rights. The Observatory also recalls that other human rights activists are currently in detention for denouncing human rights violations in Uzbekistan (see open letter to the President, dated 12 May 2003).

The Observatory remains gravely concerned for the physical and psychological integrity of Mr. Sharipov and by the risks of torture and ill-treatment he may be running in detention.

Background information:

The Observatory was informed of the arrest of Mr. Ruslan Sharipov on May 26, 2003. He was detained in Mirzo-Ulugbek District Police Department of Tashkent city.

According to the information received, Mr. Sharipov was charged with having committed homosexual acts, under art. 120 of the criminal code and the police was reportedly further inquiring into allegations that he had sex with two male minors for money. His colleagues, Mr. Azamat Mamankulov and Mr. Oleg Sarapulov were also arrested.

Mr. Sharipov was only granted access to a lawyer on 28th May, and only in the presence of police officers. During this meeting, Mr. Sharipov said that the police hit him several times, threatened to rape him with a bottle, and put a gas mask on him. He said they also displayed copies of his articles on a table in front of him and shouted at him for long periods.

Mr. Ruslan Sharipov was sentenced on August 13th 2003, to five and a half years imprisonment for among other charges, homosexuality and sexual relations with minors (Criminal code, articles 120 and 128).

According to the information received, the hearing was closed to the public with the exception of Mr. Sharipov’s lawyer, his legal representative and his mother. However, Mr. Sharipov dismissed his lawyer and asked for his mother not to be given access to the Courtroom after confessing to all the charges.

In view of the brutality of his first police interrogations, the Observatory feared that militia and judges exhorted him to confess these crimes through different kinds of pressure. Mr. Sharipov had indeed claimed his innocence from the very beginning of the procedure until the last days of his trial.

Actions requested:

Please write to the Uzbek authorities urging them to:

i. guarantee under all circumstances, the physical and psychological integrity of M. Sharipov;
ii. immediately release Mr. Sharipov, in view of the unfair nature of his trial;
iii. order an immediate investigation into the acts of torture he allegedly suffered during the his detention, identify the persons responsible and bring them to trial;
iv. abide by the provisions of the Declaration on the Protection of Human Rights Defenders adopted on the 9 December 1998, by the U.N. General Assembly, and more particularly, Article 1 which stipulates that "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at national and international levels";
v. more generally abide by the international and regional instruments protecting Human Rights.

Addresses :

· Islam Karimov, President of Republic Uzbekistan, 700163. Tashkent; street. 43; the President's residence; fax: + 99871 - 2890046 (in the top part of the facsimile reference write : "Ph.: 1395375; 1398260; 1395929; to the President of Republic Uzbekistan Islam Karimov"), E-mail: presidents_office@press service.uz, uzinfo@uzinfo.gov.uz
· Abdulazizu Hafizovichu Komilovu, Minister for Foreign Affairs, Republic Uzbekistan; 700029. Tashkent; a square. Mustakillik, 5 Ministry for Foreign Affairs of Republic of Uzbekistan; fax: + 998 71 139 1517
· 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
· General public prosecutor Rashidzhonu Hamidovichu Kodirov, Republic Uzbekistan; 700047. Tashkent; street. Gulomov, 66; Office of Public Prosecutor of Republic Uzbekistan; fax: + 998 71 1339936

Paris - Geneva, September 30th 2003

Kindly inform the Observatory of any action undertaken quoting the code number of this appeal in your reply.
The Observatory, an FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
To contact the Observatory, call the emergency line:
Tel and fax: FIDH : +33 (0) 1 43 55 20 11 / 43 55 18 80
Tel and fax OMCT : (+ 41 22) 809 49 39 / 809 49 29
E-mail : observatoire@iprolink.ch