Uzbekistan
10.09.04
Urgent Interventions
Uzbekistan: use of statement obtained under torture in a court case
Case UZB 100904
Arbitrary arrests / Alleged torture
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 the Legal Aid Society, a member of the OMCT network, of the detention and torture of Mr. Ruslan Rakhimhov and Mrs. Albina Gaynulina in Uzbekistan. Statements obtained from the two victims under torture are reportedly being used in a criminal case against them.
According to the information received, Mr. Ruslan Rakhimhov, a 23 years-old electrician, was arrested in the night of 29 to 30 January 2004, together with at least 17 other people, among which were Mrs. Albina Gaynulina, Mrs. Ekaterina Smirnova, Mrs. Olga Gauss, Mr. Anvar Ochilov, Mrs. Irina Lusikyan, Mr. Ashot Lusikyan and Mr. Nikolay Tomashev. They were handed over to the Yunus Abad RUVD (regional department of the interior) of Tashkent city, where they were kept for 2 _ days. The detainees were put under investigation regarding the murder of Mr. Yakshigulov Ildar Nailevich.
Police officers, one of which is identified as Mr. Ruzmatov Ravshan Djuraevich, reportedly used interrogation methods involving physical pressure and ill-treatment. From 29 to 31 January 2004, Mr. Rakhimhov and Mrs. Gaynulina were allegedly beaten and officers put gas masks on them, while blocking the access of air. During her detention, Mrs. Gaynulina was also threatened with rape. These allegations of ill-treatment were reportedly verified during a hearing before the criminal court of Yunus Abad district of Tashkent city (court of first instance which considered this case between March and May 2004) by the testimonies of the victims themselves and of two witnesses, Mrs. Gauss and Mr. Ochilov. These two witnesses had allegedly heard the victims shout for help from the room next door.
Unable to bear the acts of torture he was subjected to, Mr. Rakhimhov signed a document stating that he had a quarrel with Mr. Yakshigulov Ildar Nailevich in the night of the 28 to 29 January 2004. Furthermore, the statement declared that following the quarrel, he, Mrs. Gaynulina and Mrs. Smirnova took Mr. Yakshigulov out of his flat, stroke him two or three times in his face and left. Mrs. Gaynulina and Mrs. Smirnova were also pressured into signing statements declaring that after a fight between Mrs. Smirnova and Mr. Yakshigulov, Mr. Rakhimhov took the latter away and returned half an hour later saying he had taken Mr. Akshigulov home by taxi.
Except for Mr. Rakhimhov, all detainees were released after 2 _ days of detention. Mrs. Gaynulina, who was among those released, is awaiting trial on charges of “failure to report” and for covering Mr. Rakhimhov who is himself charged with murder.
During the hearings which took place between March and May 2004 before the court of first instance, Mr. Rakhimhov and Mrs. Gaynulina rejected their statements, saying that they were forced into signing them under torture. According to the information received, the only sort of evidence provided in this criminal case, are the statements by Mr. Rakhimhov, Mrs. Gaynulina and Mrs. Smirnova given under torture.
On 7 April 2004, the defense lawyers reportedly filed a petition against the police officers suspected of acts of torture on the detainees. However, the petition has reportedly been refused on the grounds that it was premature.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Rakhimhov and Mrs. Gaynulina and by fact that these individuals do not seem to benefit from a fair trial. Furthermore, OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case, and over the fact that a petition filed against suspected perpetrators of acts of torture has been rejected.
OMCT recalls that article 7 of the International Convention on Civil and Political Rights, to which Uzbekistan is a state party, states that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and that article 15 of the Convention against Torture, to which Uzbekistan is also a state party, requires that “[e]ach State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”. Therefore OMCT urges the authorities of Uzbekistan to order a thorough and impartial investigation into the circumstances of these events, in particular the allegations of torture and to guarantee that Mr. Rakhimhov and Mrs. Gaynulina undergo a fair trial during which statements obtained under torture will not be considered.
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 Mr. Rakhimhov;
ii. order his immediate release in the absence of valid legal charges, and if such charges exist, to ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that no evidence obtained under torture be used in court cases;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
Geneva, 10 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Arbitrary arrests / Alleged torture
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 the Legal Aid Society, a member of the OMCT network, of the detention and torture of Mr. Ruslan Rakhimhov and Mrs. Albina Gaynulina in Uzbekistan. Statements obtained from the two victims under torture are reportedly being used in a criminal case against them.
According to the information received, Mr. Ruslan Rakhimhov, a 23 years-old electrician, was arrested in the night of 29 to 30 January 2004, together with at least 17 other people, among which were Mrs. Albina Gaynulina, Mrs. Ekaterina Smirnova, Mrs. Olga Gauss, Mr. Anvar Ochilov, Mrs. Irina Lusikyan, Mr. Ashot Lusikyan and Mr. Nikolay Tomashev. They were handed over to the Yunus Abad RUVD (regional department of the interior) of Tashkent city, where they were kept for 2 _ days. The detainees were put under investigation regarding the murder of Mr. Yakshigulov Ildar Nailevich.
Police officers, one of which is identified as Mr. Ruzmatov Ravshan Djuraevich, reportedly used interrogation methods involving physical pressure and ill-treatment. From 29 to 31 January 2004, Mr. Rakhimhov and Mrs. Gaynulina were allegedly beaten and officers put gas masks on them, while blocking the access of air. During her detention, Mrs. Gaynulina was also threatened with rape. These allegations of ill-treatment were reportedly verified during a hearing before the criminal court of Yunus Abad district of Tashkent city (court of first instance which considered this case between March and May 2004) by the testimonies of the victims themselves and of two witnesses, Mrs. Gauss and Mr. Ochilov. These two witnesses had allegedly heard the victims shout for help from the room next door.
Unable to bear the acts of torture he was subjected to, Mr. Rakhimhov signed a document stating that he had a quarrel with Mr. Yakshigulov Ildar Nailevich in the night of the 28 to 29 January 2004. Furthermore, the statement declared that following the quarrel, he, Mrs. Gaynulina and Mrs. Smirnova took Mr. Yakshigulov out of his flat, stroke him two or three times in his face and left. Mrs. Gaynulina and Mrs. Smirnova were also pressured into signing statements declaring that after a fight between Mrs. Smirnova and Mr. Yakshigulov, Mr. Rakhimhov took the latter away and returned half an hour later saying he had taken Mr. Akshigulov home by taxi.
Except for Mr. Rakhimhov, all detainees were released after 2 _ days of detention. Mrs. Gaynulina, who was among those released, is awaiting trial on charges of “failure to report” and for covering Mr. Rakhimhov who is himself charged with murder.
During the hearings which took place between March and May 2004 before the court of first instance, Mr. Rakhimhov and Mrs. Gaynulina rejected their statements, saying that they were forced into signing them under torture. According to the information received, the only sort of evidence provided in this criminal case, are the statements by Mr. Rakhimhov, Mrs. Gaynulina and Mrs. Smirnova given under torture.
On 7 April 2004, the defense lawyers reportedly filed a petition against the police officers suspected of acts of torture on the detainees. However, the petition has reportedly been refused on the grounds that it was premature.
The International Secretariat of OMCT is gravely concerned for the physical and psychological integrity of Mr. Rakhimhov and Mrs. Gaynulina and by fact that these individuals do not seem to benefit from a fair trial. Furthermore, OMCT wishes to express its concern over the use of statements obtained under torture as evidence in a court case, and over the fact that a petition filed against suspected perpetrators of acts of torture has been rejected.
OMCT recalls that article 7 of the International Convention on Civil and Political Rights, to which Uzbekistan is a state party, states that “[n]o one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment” and that article 15 of the Convention against Torture, to which Uzbekistan is also a state party, requires that “[e]ach State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings (…)”. Therefore OMCT urges the authorities of Uzbekistan to order a thorough and impartial investigation into the circumstances of these events, in particular the allegations of torture and to guarantee that Mr. Rakhimhov and Mrs. Gaynulina undergo a fair trial during which statements obtained under torture will not be considered.
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 Mr. Rakhimhov;
ii. order his immediate release in the absence of valid legal charges, and if such charges exist, to ensure that he is given a prompt and fair trial, in which his procedural rights are guaranteed at all times;
iii. order a thorough and impartial investigation into the circumstances of these events, notably the allegations of torture, in order to identify those responsible, bring them to trial and apply the penal and/or administrative sanctions as provided by law;
iv. guarantee that no evidence obtained under torture be used in court cases;
v. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with international human rights standards.
Addresses
- President of Uzbekistan, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 7258, E-mail: presidents_office@press-service.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, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55, E-mail: office@ombudsman.gov.uz
- Chairman of the Supreme Court of the Republic of Uzbekistan, Ubaydulla Mingbaev, Respublika Uzbekistan; 700183 g. Tashkent; ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan
- General Procurator of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17, E-mail: prokuratura@lawyer.com
- Ambassador of the Republic of Uzbekistan, Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva, PO Box 1853, 1215 Geneva 15, Switzerland, Fax: +4122 799 43 02, E-mail: uzbekistan@bluewin.ch
- Please also write to the embassies of Uzbekistan in your respective country.
Geneva, 10 September 2004
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.