Uzbekistan
08.08.03
Urgent Interventions
Uzbekistan: torture and unfair trial of a minor, Chingiz Suleimanov
Case UZB 080803.CC
CHILD CONCERN
Arbitrary arrest / Incommunicado detention / Torture / Fiar trial / Impunity
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 Human Rights Watch – Uzbekistan that Chingiz Suleimanov, who was born in 1986, has reportedly had his appeal against a five-year sentence rejected by the Tashkent Province Court, which upheld the initial verdict in spite of the fact that even the prosecutor was asking for a suspended sentence. There are serious concerns that the initial trial and the subsequent appeal trial did not meet internationally recognised fair trial standards. Chingiz Suleimanov has reportedly been subjected to beatings during his detention.
According to the information received, Chingiz Suleimanov was arrested on May 8th, 2003, at his home, by ten police officers from the Akhangaran District Police Station, Tashkent Province, Uzbekistan, because he was allegedly involved in a fight in January. Chingiz Suleimanov was first taken to the Akhangaran District Police Station, before being taken to Tashkent prison. In a conversation with his father on May 18th, Chingiz Suleimanov said that he had been beaten on the head by second lieutenant Sherzod Umirov while he was being held at the Akhangaran District Police Station. He also said that he had been beaten with rubber batons at the Tashkent prison. Chingiz Suleimanov had had only one meeting with his father before his trial and had not had any meetings with his lawyer. Chingiz Suleimanov has complained to prosecutor Ergashev at the Tashkent Province Prosecutor’s Office and to the Ombudsman to no avail. His father believes that the arrest of his son is connected with a complaint that he made to the Akhangaran District Prosecutor’s office. The father wanted the prosecutor’s office to take action against adults who send minors on board trains to steal at the local train station. The prosecutor’s office refused to do anything, according to the father.
The criminal case against Chingiz Suleimanov was heard by judge Urunov A.S. at the Akhangaran District Court in Tashkent Province, Uzbekistan. During the trial, Chingiz Suleimanov told the judge that second lieutenant Sherzod Umirov beat him and banged his head against a wall in the Akhangaran District police station. In response to the father’s question about what the judge would do with these allegations of torture, the judge reportedly answered that the police don’t beat. On June 25th, 2003, Chingiz Suleimanov was sentenced to five years in prison for violation of article 277, 2, b (hooliganism), and article 164, 3, v (theft) of the Uzbek criminal code.
After the verdict, Chingiz Suleimanov was taken to the Akhangaran District police station, before being transferred to Tashkent prison (Tashtiurma). When the father saw Chingiz Suleimanov in Tashtiurma on July 8th, he said that between June 25th and June 27th, Umirov had beaten him again in the basement of Akhangaran District police station, as punishment for saying in court that he had been tortured. Chingiz Suleimanov has launched an appeal before the Tashkent Province Criminal Court. On July 31st, 2003, the Tashkent Province Criminal Court rejected a request from Chingiz Suleimanov’s lawyer that he should be allowed to attend his own appeal case.
Chingiz Suleimanov's appeal was decided on August 7th, 2003, by the Tashkent Province Court, which upheld the initial verdict in spite of the prosecutor even asking for a suspended sentence. The judge refused to allow Chingiz Suleimanov to be present in court, even though his lawyer demanded that he be present, and a written statement from him, saying that he wanted to be present. The lawyer was also not given the opportunity to fully read through all the documents in relation to the case, the case was adjourned for this purpose and a time set down for him to come to court to read all the documents, however, court officials wouldn't let him in to read the documents and told him to come back later. This occurred twice, and by the time he was allowed in to read the documents, it was the day before the next hearing and he was only allowed to spend a couple of hours reading and didn't have the chance to consult with his client and look at the documents further. The final hearing was held without the presence of the lawyer, even though the parents requested that it be adjourned so that the lawyer could attend. So there was no summing up of arguments by the defence lawyer. The prosecution asked for a 3-year suspended sentence, but the judge confirmed the original decision of 5 years imprisonment and made no other changes.
The International Secretariat of OMCT is gravely concerned for Chingiz Suleimanov’s physical and psychological integrity, given that, subsequent to his arbitrary arrest, he has been subjected to beatings while in detention on at least two occasions, and is thought to still be at risk of further treatment of this kind. In addition, OMCT is gravely concerned by the allegations that the trial and subsequent appeal have not been conducted in line with internationally fair trail standards. OMCT calls on the Government of Uzbekistan to guarantee Chingiz Suleimanov’s personal integrity at all times and to order his immediate release. Finally, OMCT calls on the Uzbek authorities to launch an immediate and impartial investigation into the circumstances of these events, in order to identify those responsible and bring them to justice.
OMCT recalls that the Convention on the Rights of the Child, to which Uzbekistan acceded on June 19th 1994, states that “the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time” and that “"No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (...)"
Action requested
Please write to the authorities in Uzbekistan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of Uzbekistan, Islam Abduganiyevich KARIMOV, Respublika Uzbekistan; 700163 g. Tashkent; ul., Uzbekistanskaya, 43; Rezidentsia prezidenta; Fax: + 998 71 133 7258 (Write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29, Prezidentu RU, Karimovou I.A., E-mail: presidents_office@pressservice.uz
· Minister of Foreign Affairs, Sodiq Solihovich Safoyev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17
· 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, Predsedatelyu Fakhreddinovoy, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan
· General Procurator of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, Respublika Uzbekistan; 700047 g. Tashkent; ul. Gulyamova, 66; Prokuratura Respubliki Uzbekistan; Generalnomu prokuroru Kodirovou R. Kh, Fax: + 998 71 133 39 17
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, August 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
CHILD CONCERN
Arbitrary arrest / Incommunicado detention / Torture / Fiar trial / Impunity
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 Human Rights Watch – Uzbekistan that Chingiz Suleimanov, who was born in 1986, has reportedly had his appeal against a five-year sentence rejected by the Tashkent Province Court, which upheld the initial verdict in spite of the fact that even the prosecutor was asking for a suspended sentence. There are serious concerns that the initial trial and the subsequent appeal trial did not meet internationally recognised fair trial standards. Chingiz Suleimanov has reportedly been subjected to beatings during his detention.
According to the information received, Chingiz Suleimanov was arrested on May 8th, 2003, at his home, by ten police officers from the Akhangaran District Police Station, Tashkent Province, Uzbekistan, because he was allegedly involved in a fight in January. Chingiz Suleimanov was first taken to the Akhangaran District Police Station, before being taken to Tashkent prison. In a conversation with his father on May 18th, Chingiz Suleimanov said that he had been beaten on the head by second lieutenant Sherzod Umirov while he was being held at the Akhangaran District Police Station. He also said that he had been beaten with rubber batons at the Tashkent prison. Chingiz Suleimanov had had only one meeting with his father before his trial and had not had any meetings with his lawyer. Chingiz Suleimanov has complained to prosecutor Ergashev at the Tashkent Province Prosecutor’s Office and to the Ombudsman to no avail. His father believes that the arrest of his son is connected with a complaint that he made to the Akhangaran District Prosecutor’s office. The father wanted the prosecutor’s office to take action against adults who send minors on board trains to steal at the local train station. The prosecutor’s office refused to do anything, according to the father.
The criminal case against Chingiz Suleimanov was heard by judge Urunov A.S. at the Akhangaran District Court in Tashkent Province, Uzbekistan. During the trial, Chingiz Suleimanov told the judge that second lieutenant Sherzod Umirov beat him and banged his head against a wall in the Akhangaran District police station. In response to the father’s question about what the judge would do with these allegations of torture, the judge reportedly answered that the police don’t beat. On June 25th, 2003, Chingiz Suleimanov was sentenced to five years in prison for violation of article 277, 2, b (hooliganism), and article 164, 3, v (theft) of the Uzbek criminal code.
After the verdict, Chingiz Suleimanov was taken to the Akhangaran District police station, before being transferred to Tashkent prison (Tashtiurma). When the father saw Chingiz Suleimanov in Tashtiurma on July 8th, he said that between June 25th and June 27th, Umirov had beaten him again in the basement of Akhangaran District police station, as punishment for saying in court that he had been tortured. Chingiz Suleimanov has launched an appeal before the Tashkent Province Criminal Court. On July 31st, 2003, the Tashkent Province Criminal Court rejected a request from Chingiz Suleimanov’s lawyer that he should be allowed to attend his own appeal case.
Chingiz Suleimanov's appeal was decided on August 7th, 2003, by the Tashkent Province Court, which upheld the initial verdict in spite of the prosecutor even asking for a suspended sentence. The judge refused to allow Chingiz Suleimanov to be present in court, even though his lawyer demanded that he be present, and a written statement from him, saying that he wanted to be present. The lawyer was also not given the opportunity to fully read through all the documents in relation to the case, the case was adjourned for this purpose and a time set down for him to come to court to read all the documents, however, court officials wouldn't let him in to read the documents and told him to come back later. This occurred twice, and by the time he was allowed in to read the documents, it was the day before the next hearing and he was only allowed to spend a couple of hours reading and didn't have the chance to consult with his client and look at the documents further. The final hearing was held without the presence of the lawyer, even though the parents requested that it be adjourned so that the lawyer could attend. So there was no summing up of arguments by the defence lawyer. The prosecution asked for a 3-year suspended sentence, but the judge confirmed the original decision of 5 years imprisonment and made no other changes.
The International Secretariat of OMCT is gravely concerned for Chingiz Suleimanov’s physical and psychological integrity, given that, subsequent to his arbitrary arrest, he has been subjected to beatings while in detention on at least two occasions, and is thought to still be at risk of further treatment of this kind. In addition, OMCT is gravely concerned by the allegations that the trial and subsequent appeal have not been conducted in line with internationally fair trail standards. OMCT calls on the Government of Uzbekistan to guarantee Chingiz Suleimanov’s personal integrity at all times and to order his immediate release. Finally, OMCT calls on the Uzbek authorities to launch an immediate and impartial investigation into the circumstances of these events, in order to identify those responsible and bring them to justice.
OMCT recalls that the Convention on the Rights of the Child, to which Uzbekistan acceded on June 19th 1994, states that “the arrest, detention or imprisonment of a child shall be in conformity with the law and shall be used only as a measure of last resort and for the shortest appropriate period of time” and that “"No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment. (...)"
Action requested
Please write to the authorities in Uzbekistan urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of the afore-mentioned persons;
ii. order their immediate release in the absence of legal charges that are consistent with international law and standards, or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. guarantee an immediate investigation into the circumstances of these events, in order to identify those responsible, bring them before a competent and impartial tribunal and apply the penal and/or administrative sanctions provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards.
Addresses
· President of Uzbekistan, Islam Abduganiyevich KARIMOV, Respublika Uzbekistan; 700163 g. Tashkent; ul., Uzbekistanskaya, 43; Rezidentsia prezidenta; Fax: + 998 71 133 7258 (Write on the top of your fax: "Tel.: 139 53 75; 139 82 60; 139 59 29, Prezidentu RU, Karimovou I.A., E-mail: presidents_office@pressservice.uz
· Minister of Foreign Affairs, Sodiq Solihovich Safoyev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17
· 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, Predsedatelyu Fakhreddinovoy, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan
· General Procurator of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, Respublika Uzbekistan; 700047 g. Tashkent; ul. Gulyamova, 66; Prokuratura Respubliki Uzbekistan; Generalnomu prokuroru Kodirovou R. Kh, Fax: + 998 71 133 39 17
Please also write to the embassies of Uzbekistan in your respective country.
Geneva, August 8th, 2003
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.