24.2.13

Uzbekistan: prisoners with disabilities were again left out of amnesty

More than two months ago, on 4 December 2012, the Senate of Uzbekistan, in commemoration of the 20th anniversary of the country's Constitution, passed a resolution on amnesty of prisoners. As the Senate Committee on Legislation and Legal Affairs noted, it is an act of humanity to those whose crimes are not dangerous to the society. In the resolution, in particular, persons with disabilities groups 1 and 2, persons suffering from serious diseases, women and men over 60, foreign citizens are separately noted.

Previous amnesty in Uzbekistan was declared in December 2011. According to official figures, it was applied to more than 45 thousand people, also 1,958,000 people were released from serving a criminal sentence, the prison sentences of the rest were reduced or their prosecution were discontinued.

The resolution of 4 December 2012 is structured in such a way that a number of political prisoners are excluded from the amnesty.

The Association “Human Rights in Central Asia” — AHRCA has learnt that, for several years, the acts of amnesty are not applied to the following persons:

1.    prisoners with 1st and 2nd group of disability, the list follows:

Muhammadjon Akhmedovich Kurbanov was born on 27 February 1957 in the Fergana region, a citizen of Uzbekistan. On 2 October 2006 he was certified as disabled with the severity group 2. He suffers from asthma of the 4th degree. His disability certificate number is A070009827

Muhammadjon Kurbanov is in prison since 2009. He was convicted under the following Articles of the Criminal Code of Uzbekistan: 227 (acquisition, destruction, damage, or concealment of documents, stamps, and forms); 168, part 2, paragraphs "а", "b" (Fraud), part 3, paragraph "b" (fraud in large amount). During the investigation of his case, he was subjected to torture. The acts of amnesty did not apply to his case.

Rustam Rakhmankulov was born in 1962, a citizen of Tajikistan. In 2006 he was certified as the 2nd group disabled, as evidenced by the letter of the Embassy of Tajikistan in Uzbekistan. He is serving a sentence at the prison УЯ 64/71, located in the in the village of Jasliq of Karakalpakistan.

Rustam Rakhmankulov was convicted by the Tashkent City Criminal Court on 14 June 2009 to 18 years of imprisonment under the following Articles of the Criminal Code of Uzbekistan: 273, part 5 (illegal sale of narcotic or psychotropic substances); 246, part 2 (smuggling). The Court did not take into consideration that he was disabled. The acts of amnesty of 27.06.2009, 28.08.2010, and 08.12.2011 were not applied to his case.

            Shavkat Muslimovich Karimov was born on 23 June 1971, a citizen of Tajikistan. Since 30 March 1996 he holds a certificate of disability of the 2nd group. This fact is confirmed in the letter of reference issued by the embassy of Tajikistan in Uzbekistan. He is held at the prison number 64/47 at the town of Kiziltepa of the Navai Region.
On 9 February 2011 the Mirabad District Criminal Court of Tashkent sentenced Shavkat Karimov to 20 years of imprisonment under the Article 273, part 5 of the Criminal Code of the Republic of Uzbekistan (illegal production, purchase, storage, carriage or transmission of narcotic and psychotropic substances with the purpose to sell, as well as sale thereof). The acts of amnesty did not apply to his case.

Murad Almatovich Latipov was born on 1 January 1957 in Tashkent, a citizen of Uzbekistan. His prison sentence indicates that he is the 1st group disabled, he is blind. He was certified as disabled on 1 January 1997. He is serving a sentence at the prison УЯ 64/32, located in the Pop District of the Namangan Region.
Murad Almatovich Latipov was sentenced under 11 Articles on the Criminal Code of the Republic of Uzbekistan: 28 (types of accomplices) in conjunction with Article 97 (intentional killing), part 2, paragraphs "а", "d", "e", "m", "p", "q" (15 year of imprisonment); 145 (violation of freedom of religion), part 2 (2 years of imprisonment); 155 (terrorism), part 3, paragraphs "а", "b" (15 year of imprisonment); 158 (offences against President of Republic of Uzbekistan), part 1 (10 years of imprisonment); 159, part 4 (10 years of imprisonment); 161 (sabotage) (15 year of imprisonment); 242 (organisation of criminal community), part 1 (15 years of imprisonment), 244-1, part 3, paragraphs "а" "b" (5 years of imprisonment), 244-2, part 2 (15 years of imprisonment), under the application of the Article 59 of the Criminal Code of the Republic of Uzbekistan (inflicting penalty in instance of multiple crime) he was sentenced to 16 years of imprisonment. He was arrested on 16 October 2004. He was accused of involvement in the bombings of 1999. He cannot walk unaccompanied. This fact was known to the Court and there were nine Central TV operators in Uzbekistan present at the hearing, including the news service "Akhborot", the representative of the Ombudsman and the diplomatic embassies of EU countries. The acts of amnesty did not apply to his case.

Sunnat Turgunovich Talasov was born on 28 August 1964 in Tashkent, a citizen of Uzbekistan. His prison sentence indicates that he is a disabled person of the 1st group, he is blind. Talasov was sentenced under 10 Articles of the Criminal Code of the Republic of Uzbekistan: 28 (types of accomplices) in conjunction with Article 97 (murder), part 2, paragraphs "а", "d", "e", "m", "p", "q" (8 years of imprisonment); 155, part 3, paragraphs "а", "b" (8 years of imprisonment); 158, part 1 (offences against President of Republic of Uzbekistan) (8 years of imprisonment); 159, part 4 (7 years of imprisonment); 161 (7 years of imprisonment); 242, part 1 (7 years of imprisonment); 244-1, part 3, paragraphs "а", "b" (5 years of imprisonment); 244-2, part 2 (7 years of imprisonment), under the application of 59 of the Criminal Code of the Republic of Uzbekistan he was sentenced to 10 years of imprisonment. He was arrested on 27 November 2004. He was sentenced by the Tashkent City Criminal Court on 21 February 2005. Current location of Talasov is not known. The acts of amnesty did not apply to his case.

2. political prisoners, 60 years old and over:
Isak Abdullaev was born in 1935, a citizen of Uzbekistan. He is a member of the “Mazlum” Human Rights Centre. He was arrested on 13 March 2005, charged under Articles 110, part 2 (torture), 112 part 1 (death threats or violence), 137, Part, 2, paragraph "a", "b", "c", " d "(kidnapping), 138, part 2, paragraphs  “a”,"b"(forcible unlawful confinement), 139, part 3, paragraphs "a", "b", "c" (slander), 165, Part 2 (extortion), 166, part 4, paragraph "a" (robbery), 168, Parts 1, 3, paragraph "a" (fraud), 182, part 2, paragraph "a" (violation of customs laws), 184 Part 3 (evasion of taxes or other payments) 219, part 2 (resistance to authority or person performing a civic duty), 237 (false information) 244-1 (production and distribution of materials containing a threat to public safety and order) and 273 (illegal manufacturing, purchase, storage, and other actions in relation to drugs or psychotropic substances for the purpose of sale, and sale of thereof) of the Criminal Code of Uzbekistan and sentenced to 10 years in prison. Isak Abdullaev was convicted at the age of 70, at the age of 77, he remains in custody. Acts of amnesty did not apply to his case.
Salijon Abdurakhmanov was born in 1950, a citizen of Uzbekistan. He is a founder and correspondent of «Uznews.net» (http://www.uznews.net), a member of the “Real Journalists of Uzbekistan” and the “Committee for the Protection of Personal Rights in Karakalpakstan”. He worked for the radio “Freedom” and the Institute for War and Peace. He was arrested on 7 June 2008. He was charged under Article 276, part 2, paragraph “a” of the Criminal Code of Uzbekistan (illegal manufacturing, purchase, storage, and other actions in relation to narcotic drugs or psychotropic substances without the purpose of sale) and sentenced to 10 years in prison. Salijon Abdurakhmanov, now 62 years old, is serving his sentence in a complex living conditions, his access to health care is restricted. Acts of amnesty did not apply to his case.
Murat Juraev was born in 1952, a citizen of Uzbekistan. He is a former Member of the Parliament of Uzbekistan, and a former mayor of the town of Mubarek of the Kashkadarya region. He took an active part in making of the “Declaration of Independence” in the Parliament of the country. He is a member of the Central Council of the “Erk” Democratic Party of Uzbekistan. On 18 June 1994 he was sentenced to 12 years in prison on charges of committing crimes under the following Articles of the 1995 Criminal Code of Uzbekistan: 17-55, 17-60, Part 2, 17-62, 17-73, Part 1, 17-197, Part 1. Soon after, his sentence was reduced to 9 years. Over the years, Juraev was sentenced 4 times under the article 221 (disobedience to lawful demands of the administration of the penal institutions): in 2003, 2006, 2009, and on 5 December 2012. 60 years old Murad Juraev remains in prison, he suffers from ill nasopharynx, and he needs a dental care. Acts of amnesty did not apply to his case.

Samandar Kukanov was born in 1945, a citizen of Uzbekistan. He is a former Deputy of the Speaker of the Parliament of the Republic of Uzbekistan, a member of the “Erk” Democratic Party of Uzbekistan. In 1993, he was sentenced to 20 years in prison on charges of economic crimes. The information of health of the 67 years old Samandar Kukanova is not publicly available, his close family is intimidated. Acts of amnesty did not apply to his case.

Ganikhon Mamatkhanov was born in 1951, a citizen of Uzbekistan. He was the Fergana Valley Representative of the “Committee for the Protection of individual rights”. He was arrested on 9 October 2009, then sentenced to five years in prison under Articles 168 (fraud), 211, Part 3 (bribery) of the Criminal Code of Uzbekistan. The 61 years old prisoner, Ganikhon Mamatkhanov suffers from heart problems. Acts of amnesty did not apply to his case.

The writer, Mamadali Makhmudov was born in 1940. He is a member of the “Erk” Democratic Party of Uzbekistan. He is a former chairman of the Cultural Foundation of Uzbekistan. He was arrested on 19 February 1999 and sentenced to 14 years of imprisonment under Articles 25-159, Part 4 (attempts to Constitutional order of Republic of Uzbekistan), 216 (illegal organisation of public associations or religious organisations), 242, Part 1 (organisation of criminal community) of the Criminal Code Uzbekistan. The 72 years old prisoner, Mamadali Makhmudov remains in custody. Acts of amnesty did not apply to his case.

Agzam Turgunov was born in 1952, a citizen of Uzbekistan. He was a CEO and founder of the “Mazlum” Human Rights Centre.  On 11 July 2008 he was sentenced to 10 years of imprisonment under Article 165 (extortion) of the Criminal Code of Uzbekistan. The 60 years old prisoner Agzam Turgunov suffering from heart problems. The acts of amnesty did not apply to his case.

Rustam Usmanov was born in 1948, a citizen of Kyrgyzstan. He is a former Chairman of the first private commercial bank “Rustam-bank.” In February 1998, he was sentenced to 14 years in prison under Articles 165, part 3 (extortion), 177, Part 3 (illegal purchase or sale of foreign currency), 205, part 2 (abuse of official position or office), 209, Part 1 (forgery of the official documents) of the Criminal Code of Uzbekistan. In February 2012, he was handed down the second sentence, under which he was sentenced to 5 years of imprisonment under Article 221 (disobedience to the lawful demands of the administration of the penal institutions). The 64 years old prisoner, Rustam Usmanov was repeatedly tortured. He suffers from heart problems. The acts of amnesty did not apply to his case.

Isroiljon Kholdarov was born on 23 August 1951, a citizen of Uzbekistan. He was the Chairman of the Andijan branch of the “Ezgulik” Human Rights Society of Uzbekistan. In October 2005, he left Uzbekistan and applied for international protection at the UNHCR office in Kyrgyzstan. On 2 November 2005 Uzbekistan announced him wanted, charged under the Article 159, part 1, of the Criminal Code of Uzbekistan (attempt on the constitutional order). According to the official version of events, on 7 September 2006 he turned himself in to the Office of the National Security Service in Andijan region. The circumstances of his return to Uzbekistan remain unknown. In February 2007, the Andijan Regional Court sentenced him to six years in prison under the Articles 159 (attempt on the Constitutional order), 216 (illegal organisation of public associations), 223 (illegal travel abroad), 244-1 (distribution of materials containing a threat to public safety) of the Criminal Code of the Republic of Uzbekistan. On 15 July 2012 the second sentence under the Article 221 (disobedience to the legitimate demands of the administration of penal institutions) was passed, resulting in extension of his prison term for another three years. The 61 years old prisoner, Isroiljon Kholdarov, 2nd group disabled, remains in custody in conditions that harm his health. The acts of amnesty did not apply to his case.

The Association “Human Rights in Central Asia” - AHRCA calls upon the international community to intervene in the situation of the prisoners who remain in custody in defiance of the Constitution of the Republic of Uzbekistan.