HUMAN RIGHTS SOCIETY OF UZBEKISTAN «EZGULIK» ANALYTIC REPORT ON THE SITUATION WITH HUMAN RIGHTS IN THE REPUBLIC OF UZBEKISTAN FOR THE YEAR 2009 TASHKENT 2009 CONTENTS: 1. THE RIGHT OF SANCTIONS WERE TRANSFERRED TO THE COURT AND WHAT HAS CHANGED BY NOW 2. UZBEKISTAN IS A COUNTRY WHERE THE RELIGIOUS GROUPS ARE REPRESSED 3. CHILD LABOUR IS ACTUALLY UNSOLVABLE PROBLEM IN UZBEKISTAN 4. TORTURE IS A PRODUCT OF REPRESSIVE POLICIES OF GOVERNMENT AND CORRUPTION 5. OUR VALIANT POLICE! 6. NO FREEDOM FOR UNDESIRABLE! 7. THE COMMON MISCHIEF OR WHAT IS THE PROBLEM: THOSE WHO COMMAND OR THOSE WHO EXECUTE? 8. BLOOD FOR BLOOD SOUL FOR SOUL INTRODUCTION The present analytic report brings to your attention which incorporates individual cases of the encroachment of human rights, violations of the civil and political rights of individuals in our country. The Human Rights Society of Uzbekistan “Ezgulik” behavior investigation and analysis of these facts was reducing to various instances of government officials, law enforcement and government agencies. The Society was unable to get satisfactory answers from the majority instances. In some cases the Society was put under pressure from corrupt circles, as well as some heads of state power, who abusing own official position. We are hope that this brief conclusion makes if not minor at least important contribution to the coverage of the situation on the democratic and human rights in our country. Most of these cases studied by our activists’ shows that the judicial-legal system of country is depressed situation. Confirmation of such a bleak pattern are such facts as the prejudicial inquiry conducting and interrogation under tortures; does not guarantee the openness of the inquiry and questioning, concealed conduction of at-trial procedures at religious prisoners; augmentation of the additional terms to set time on several years. That’s all facts are became practice nowadays. In below press releases and speeches of the Society has recognized that management of the Government has come to a paralysis state, in the power structures are flourishing corruption and organized crime, the mechanism of human resources policies into practice has not been developed. In this research, as the command basis was adopted the supremacy requirements of national legislation of the Republic of Uzbekistan. In particular, it was recognized that the most of the series of enforceable demands had been violating by articles №24, 40, 41, 43, 44 and 49 of the Criminal-Procedure Code, the articles №26, 116 of the Basic Law is the Constitution of Uzbekistan, the article №7 of the Universal Declaration of Human Rights and the International Convention against torture, violence and other inhumane acts. Expressing briefly, the above legal norms are reflect the issues of protection against cruel treatment regarding to the human rights, his honor, dignity and freedom. We would like to see you, dear reader, when you will in sighting of this report please let pay undivided attention to cited therein each occurrence with the standpoint of social, political and legal sides. Also you can express your opinion and proposition through the public work departments of the Society’s activists. We are grateful for your views about this report form and its direction, mainly about the real issues that was remained out of our viewing field. Please contact the central office of the Society “Ezgulik” with questions and for obtaining a print version of report at the following address: Tashkent city, 7, Navoi street, office № 418 phone: (998-712) 240-68-29, 241-85-88, (998-71) 131-48-72 e-mail: [email protected] URL: http://www.ezgulik.org In case of reprint the reference to the source is required. 1. THE RIGHT OF SANCTIONING PRE-TRIAL ARREST WAS TRANSFERRED TO THE COURT AND WHAT HAS CHANGED Nowadays conception finally has shaped that the Court is an independent branch of government. Without undue comment might say that the practical effectiveness and the form of circumstances in different countries are various. Courts of USA and the democratic West with a long-term experience and good practice will not arising any problems on the current issue. Courts of Uzbekistan from theoretical point of view are going by democratic way. At the article №11 of the Constitution of Uzbekistan has allocated the state power is divided into three branches. And the activity of each branch is independent from each other. According to researchers the idea of separation of the judiciary from the legislative and executive branches of government, providing it as an independent branch of government arose in ancient times. The philosophers of that period are underscored to a number of mandatory features which inheriting by this theory. In compliance with these features, inside of the state has going the independent elements which does implement specific functions. As noted above the situation in Uzbekistan is exactly thus by theory. However in practice, you can see the opposite pattern. All of three independent branches of government have been following by an authoritarian leader and his team, because country is authoritarian. For example, an announcement of Habeas Corps reform, i.e. transferring of permission’s arrest to courts from the prosecutor's office. One of the important moments of an independent judiciary is the question about realizing arrest a man who they want to limit his freedom. In accordance with the requirements of reform, the question of restrainting a person of liberty must be resolved in open sitting of a court, with the participation of the parties and the process has bearing a free social character. How did the requirements of the Law of the Republic of Uzbekistan have realizing on practice (LRU-№100) «On making additions and changes to legislation in connection with the transfer issue arrest warrants to the courts»? Consider this process as an example the arrest of three well-known representatives of civil society. ► Usmonov Kushodbek was born in 1946 in Andijan region. Nationality is Uzbek and citizen of Uzbekistan. On 5th of January, 2009 year was announced in absent warrants by chairman Rakhimov Rakhmatulla of Andijan city court on criminal cases. On January 10, 2009 Usmonov Kushodbek was arrested on suspicion of committing crimes by articles №139 and №277 of the Criminal Code of the Republic of Uzbekistan. Later by verdict Asaka district court on criminal cases, he was sentenced to 6 months imprisonment. Please take note of the changes about the transfer of the courts powers to arrest, this action is performed by judge of first instance at the place of the crime. These instances are deciding the question of restraint measures against the accused. Firstly, allegedly of Usmanov K. litigation related to his arrest is illegal, precisely because to the Andijan city court he has no relations. Secondly, the definition was decreed in absentia. Thirdly, the right of identity protection is not provided. This implies the attorney of Asaka district Akmal Karimov and investigator of prosecutor’s office Valiev Alisher are retrieval of the accused who was at home purposely to illegally imprison him. Thus, they are misled the court to obtain an arrest warrant. And the court succumbed to this provocation and violated the requirements of the Habeas Corps. The defendant Usmonov K. has been appealed to the courts at various levels by this definition. The arrest is absolute because today we have not the precedent of jail release. That is why the complaints has considered superficial and the restraint measure was remained unchanged. Usmonov Kushodbek was released after six months' imprisonment of the investigation and courts. Currently he is engaging to restore violated rights in the higher courts. In accordance with the criminal case, Usmonov Kushodbek allegedly have been slandered the police captain Kosimov Khabibullo and insulted his honor and human dignity. He made ruffian acts against son of the younger brother of and inflicted bodily injury. ► Saidov Dilmurod was born in 1962 in Tashkent. Nationality is Uzbek, citizen of the Republic of Uzbekistan. On 22nd of February 2009 at the trial of the Samarkand City Court on Criminal cases chaired by Judge T. Toshev have been considered the issue of restraint of liberty of Saidov D. on suspicion of crimes specified in part 2 of article №165 and part 1 of article №228 of the Criminal Code of the Republic of Uzbekistan. Though requirements of the accused, Saidov’s advocate Komilov Rukhiddin was not invited to the judicial sitting by trial. Thus, has been violated defendant's right to protection. Acting unlawfully, the court to show the right to defense of Saidov D., in definition assigned Koraboev’s A. name. Although nor Saidov D., nor his relatives did not know Koraboev A. and didn’t hire him as an advocate. Except as dry prosecutor's demand, at the court process do not provided any documents, any material evidence and serious allegations about Saidov’s D. deprivation of freedom. Though Saidov’s D. demands, he does not given a word and he does not afforded to give the right of defence. The reclaiming note complained on the current definition of a court by advocate Rukhiddin Komilov was rejected by the Samarkand regional court on criminal cases. The advocate was clarified that complain of a reclaiming note to the Supreme Court such as this Definitions are extralegal (!). Actually the fact of arrest’s Saidov D. by the Department to strafing with tax and currency crimes and legalization of illegal proceeds and Samarkand regional prosecutor's office is wrong. Saidov D. was arrested on the evidence of Jurayeva Marguba who already arrested by the Department. The innocence of the journalist was proved during the trial on the question of deprivation of liberty holding under the chairmanship of Judge Toshev T.