On Torture and Arbitrary Detention in Uzbekistan and Turkmenistan Report to UN Special Mechanisms Compiled by Partners in civil society from Uzbekistan and Turkmenistan March 3, 2011 Table of Contents Summary ........................................................................................................................................ 3 List of Contributors .......................................................................................................................... 4 I. Case studies of torture, arbitrary detention and missing people in associated with the Andijan events. ............................................................................................................................................ 5 II. Torture, Arbitray Detention, and the Roll of Medical Personnel .................................................. 13 III. Uzbek refugees in Kazakhstan under the threat of extradition to a country where there is widespread systematic torture ....................................................................................................... 20 IV. Two Case Studies of Harassment, Torture and Arbitrary Detention of Human Rights Defenders in Turkmenistan............................................................................................................................. 26 V. Abuse in Turkmenistan's Penitentiary Facilities ......................................................................... 28 VI. A Narrative of Torture and Detention in Turkmenistan .............................................................. 37 Recommendations ........................................................................................................................ 40 Annex 1 List of participants and witnesses to the events of the 13 th and 14 th of May, who are currently imprisoned ...................................................................................................................... 41 Annex 2 List of individuals who died from torture while under investigation or imprisoned whose bodies were returned to their families ............................................................................................ 44 Annex 3 List of individuals from Uzbekistan who have disappeared .............................................. 45 Annex 4 List of Individuals Who Died During the Andijan Events of May 13-14 2005 .................... 46 Summary The following represents a compilation produced by human rights defenders in conjunction with partners, presenting analysis and case studies on torture and arbitrary detention in Uzbekistan and Turkmenistan. This report is intended as a briefing to UN Special Rapporteurs on Torture, Human Rights Defenders, and other UN Special Mechanisms and bodies on the situation in Uzbekistan and Turkmenistan. It is also intended as an invitation to continued cooperation, to network building, and to strengthening civil society in both countries by encouraging increased interface on the part of Turkmen and Uzbek human rights defenders with the United Nations. Moving forward, we hope that together we can bring new information to light and take concrete steps toward ending human rights violations. Partners in civil society find that years after the special rapporteur on torture concluded that systemic torture exists in Uzbekistan, torture in both countries continues to be a routine component of investigations and detention and is a common practice in the penal systems. Forms of torture include. • Bludgeoning with batons • Genital mutilation • Male and female rape and sodomy • Psychological humiliation and degradation • Electrocution In particular, people linked with the Andijan events of 2005, including innocent family members, are routinely detained, brought up on bogus charges, and subjected to long years of bodily torture and psychological terror. Notably, medical personnel often play a roll in concealing evidence and fabricating fake documents which make filing charges impossible. Other at risk groups include: • Human rights defenders • Religious people • Refugees and asylum seekers who are often deported from other CIS countries back to Uzbekistan • Ex convicts used as scapegoats • Journalists While information regarding Turkmenistan is scarce, according to our sources, the situation is the prison colonies is dire. This is exacerbated by the general weakness of civil society in Turkmenistan. Of note have been recent studies carried out by the Turkmen Initiative for Human Rights, excerpts of which are contained in this report. These studies on Turkmen prisons and penal colonies detail arbitrary detention and torture as both physical and psychological daily realities. It is our hope that this report by partners in civil society from Uzbekistan and Turkmenistan can be used as an ongoing advocacy tool to improve the human rights situation. The contributors of the report offer their contact information and invitations toward further discussion. List of Contributors Bahtiyor Muhtarov +358.404.175.190 [email protected] Citizen of Uzbekistan Deputy director and head of the human rights division of the non-governmental organization "Andijan -- Adolat va Tiklanish " Mutabar Tadjibayeva +33-643-236-385 [email protected] Citizen of Uzbekistan Director of Flaming Hearts Human Rights Defenders Farid Tukhbatullin +43-1-944 132 [email protected] www.chrono-tm.org Citizen of Turkmenistan President of the Turkmen Initiative for Human Rights Tadzhigul Begmedova Representative of the Turkmen Helsinki Fund for Human Right 00-359-052-609-854 00-359-888-379987 [email protected] Advisors Slava Mamedova + 31647785952 [email protected] Citizen of Turkmenistan Attorney and Chairman Democratic Civil Union of Turkmenistan Timur Misrihanov .+31610153970 [email protected] Timur Misrihanov Citizen of Turkmenistan Attorney and Chairman of Union of independent attornies of turkmenistan CIVICUS Contacts Renate Bloem CIVICUS UN Represtative +41 76 346 2310. [email protected] Will Lasky CIVICUS Eurasia Coordinator +27 11 833 5959 [email protected] I. Case studies of torture, arbitrary detention and missing people in associated with the Andijan events. Compiled by Bahtiyor Muhtarov Introduction: the Case of Akram Yuldashev Everyone is familiar with the events in Andijan on May 13-14, 2005, when Uzbek government forces killed hundreds of peaceful, unarmed people who stood up against government policy. Before I get into case studies, I want to call your attention to some facts. 1. The exact number of victims of the Andijan events have not yet been established. The authorities refuse to conduct an independent and impartial investigation. The Organization of Andijan - Justice and Regeneration ", created by participants and witnesses of the Andijan events finds that more than 500 people were killed. In order to identify the dead and collect this data, we conducted our own investigation among refugee families (identifying 87 dead). Along with information about the victims provided by the Government and society Ezgulik, the total number of dead people whose identity has been established, is 241 people. 2. We have data on 13 people missing. 3. We have established the names of 9 people who died in prison due to torture and abuse, whose bodies were given to relatives. These cases are detailed below. 4. We have evidence of mass graves of participants of Andijan events, in this connection, the total number of dead could be much higher. 5. We have determined 241 participants / witnesses of the Andijan events who have been sentenced to terms of imprisonment of up to 20 years. 6. Many participants of Andijan events, which continue to have contacts with, have been subjected to torture. We estimate that at least 86 people, deported by the Kyrgyz authorities, and about 46 people deported by the authorities of Kazakhstan have been subjected to torture (we have gathered the data on this from the testimony of individuals from these groups). 7. Nearly 70 refugees, who believed the promises of the Uzbek authorities, returned to Uzbekistan. Their harassment is currently expressed in terms of constant interrogations, surveillance, denial of employment, and inhuman and degrading treatment. Dilorom Abdukadyrova, who returned to Uzbekistan from Australia in 2010 was sentenced to 10 years imprisonment. 8. At this time in Uzbekistan members of refugee families - participants of the Andijan events - are being persecuted. Harassment is expressed by the constant challenges of law enforcement authorities, the NSS and local authorities, interrogations, restrictions on movement in and out of the country, constant surveillance, restrictions of contacts with relatives and friends, and in some cases torture. We have collected evidence of 120 refugees who have sent us information about the persecution of their families and the families of their relatives. Separately, I would also like to dwell on the case, Akram Yuldashev. Akram Yuldashev is the founder of the civil movement which has helped many thousands of Uzbek citizens out of poverty to improve their living conditions. Being simple mathematics teacher, he was able to gather around his ideas a lot of followers with whom he was able to realize some of his ideas. Back in the mid- 90's, he urged the government to open a dialogue, suggesting ways to implement social and economic reforms in Uzbekistan. In 1998, on trumped up charges, he was deprived of his liberty. On the 6 of January 1999 he was pardoned and released. However,