Memorandum submitted by HE Tukhtapulat
Riskiev, Ambassador of the Republic of Uzbekistan
1. Issue raised: According to the Report "Uzbekistan
continued to have a poor human rights record, despite numerous
verbal and written assurances that it would respect its existing
commitments and improve its current situation . . . yet it has
consistently fallen short of OSCE commitments on human rights
and Article 2 of the EU-Uzbek agreement, which demands for human
rights as a basis for trade co-operation" (p.29)
Measures undertaken by Uzbekistan: The
Constitution of the Republic of Uzbekistan attaches specific attention
to human rights and freedoms. For example, Article 13 of the Constitution
states: "Democracy in the Republic of Uzbekistan is based
on universal principles according to which a human, his life,
freedom, dignity, and other inalienable rights are the uppermost
values".
Uzbekistan has ratified without reservations
the six main UN treaties on human rights and presents its reports
to conventional bodies of the United Nations on regular basis.
So far six reports of Uzbekistan have been considered at UN committees.
In the Republic of Uzbekistan work to institutionalise
the mechanism of protecting human rights is being carried out.
The Institute of Ombudsman operates within the
Parliament of Uzbekistan, the National Center on human rights
and the Institute for monitoring of current legislation effectively
function. Recently, according to the resolution of the Government
of Uzbekistan with a view to increase the efficiency of legal
protection of human rights and freedoms, special department on
human rights protection was created at the Ministry of Justice.
Great importance is attached to the laying the
foundations of civil society. Currently over 300 national and
international NGOs in the sphere of human rights and over 3,000
domestic public organisations have been registered in the republic.
The Uzbek side would like to draw attention
of the FCO to the Report 2002 prepared by the American Embassy
in Uzbekistan. In this document the American side acknowledges
the progress in human rights record stating that during these
two years the situation with human rights have changed in two
years and got significantly better in the last twelve months.
Moreover, it is worth to mention that the Head
of the OSCE Centre in Tashkent (CiT) Ambassador Ahmet Erozan in
his Report to the Permanent Council of the OSCE pointed out that
"the Uzbek Government is a good partner, actively participating
in events initiated by CiT and facilitating the coordination among
the national institutions for the implementation of the projects.
Most encouraging, the Uzbek Government is now coming to CiT with
its own project ideas. Issues like money laundering, trafficking
of human beings and torture became themes open to discussion.
The Uzbek Government assisted the Centre for the extension of
its premises and accords to the CiT a preferential treatment".
In addition, CiT "sees the registration
of legitimate opposition political parties and the introduction
of convertibility as important steps underlining the willingness
of the Uzbek authorities for genuine changes".
The Uzbek side along with the OSCE and other
international organizations carries out a wide range of activities
not only in political, economic and environmental but also in
human dimensions.
"CiT continued its efforts on developing
the capacity of women to play a more significant role in various
aspects of public life. The first phase of "Human Rights
Monitoring and Reporting for Young Women" program was organised
by CiT on 5-9 June. The program was mainly focused on educating
young women on human rights, gender equality and domestic violence.
The activities in the rule of law field were
focused on implementation of the prison reform program in close
co-operation with the Interior Ministry of Uzbekistan. The Prison
Administration has shown a great interest in our co-operation
and the OSCE has now a very good access to places of detention
in Uzbekistan. Together with Uzbek authorities, the local NGO
"Center of Social Adaptation of Women" and Penal Reform
International in Central Asia, three regional seminars were conducted
in August for prison directors covering international standards
on prison conditions and treatment of prisoners. The newly launched
prison reform programme gave to the Centre an additional opportunity
to visit several prison facilities".
Political and democratic reforms in Uzbekistan
should be assessed not from a viewpoint of high achievements of
the West but on the basis of dynamics and concrete results on
the way to international criteria and standards.
2. Issue raised: ". . . there to be
approximately 7,000 political and religious prisoners in places
of detention in Uzbekistan". (p.29) "We believe there
to be between seven and 10,000 people in detention whom we would
consider as political and/or religious prisoners". (p.254,
Speech by UK Ambassador to Uzbekistan at the Freedom House reception
in Tashkent, October 17, 2002)
Measures undertaken by Uzbekistan: The
Uzbek side would like to remind once again that the legislation
of Uzbekistan does not allow to prosecute any one for his/her
political and/or religious beliefs. As a sovereign state acting
in accordance with the Constitution, Uzbekistan undertakes certain
preventive measures only against some representatives of extremist
organisations that openly call upon to overthrow constitutional
order by violence, and those responsible for terrorist acts.
Annual amnesties gives the opportunity to tens
of thousand of citizens to return to normal life.
It should be underscored that since 1997 six
decrees of the President of the Republic of Uzbekistan "On
amnesty" were adopted that led to more than 198,000 persons
to be released from places of detention.
In accordance with a Decree of the President
of the Republic of Uzbekistan "On discharge from criminal
liability of the citizens of Uzbekistan who by fallacy found themselves
in terrorist groups" dated 6 November 2000, 213 persons,
who voluntarily admitted their guilt, were discharged of criminal
liability.
In accordance with a Decree of the President
of the Republic of Uzbekistan "On amnesty on occasion of
celebrating the 10th Anniversary of Independence of the Republic
of Uzbekistan" dated 22 August 2001, 941 members of religious-extremist
organizations were freed on parole.
In accordance with the Decree of the President
of the Republic of Uzbekistan "On amnesty on occasion of
celebrating the 10th Anniversary of the Constitution Day of the
Republic of Uzbekistan" dated 3 December 2002, 923 members
of religious-extremist organisations were freed from completing
punishment.
In the last three years (excluding 2003) more
than 2,000 imprisoned members of religious-extremist organisations
were amnested by Decrees of the President of Uzbekistan.
Nowadays the members of religious-extremist
organisation Hizb ut-Tahrir attempt to present themselves as victims
of their convictions. Their real purpose is to establish medieval
caliphate regime in a vast region. This organisation in every
way creates the image of enemy in face of United States and the
West, kindles anti-Semitism and racial enmity, does not recognise
any regime in the world as legitimate and calls the constitution
of secular countries as a "code of devil".
Some members of Hizb ut-Tahrir are convicted
not for their beliefs, but for their appeal to overthrow the legitimately
elected authority, kindling interreligious and interethnic hostility,
which is extremely dangerous in the multinational and multiconfessional
state.
Activity of Hizb ut-Tahrir is banned and persecuted
by authorities of almost all Muslim and some European countries
including Germany.
The Republic of Uzbekistan regrets that activities
of this international extremist organisation is openly coordinated
from its head-quarters in London. In this regard Uzbekistan appeals
to the British Government to consider the issue of closure of
this non-tolerance and extremist centre.
For Uzbekistan to ensure rights and freedoms
of its citizens is a main priority of its internal policy. In
this regard, our country is open for dialogue with all interested
parties to discuss and resolve all set of issues. The Government
of Uzbekistan chose the way of democratic reforms in the society
not for the sake of political situation or satisfaction of "external
requests" but for achieving of sustainable development of
Uzbek society, its prosperity and well-being.
Moreover, some significant changes have been
done in criminal legislation since 2000. Arrest and detention
are excluded as a punishment for many types of crimes. It allowed
to decrease the number of detainees in two times in comparison
with 2000 and other CIS countries.
In 2002 there were 191 detained per 100,000
people listed in the country, then the same period in the Russian
Federation has seen a number of 628, in Belarus—554, in
Kazakhstan—522, Turkmenistan—489, Ukraine—406,
as well as in Latvia—359.
3. Issue raised: "In the Uzbek criminal
justice system the conviction rate is almost 100%. It is difficult
not to conclude that once accused by the Prokurator there is no
effective possibility of fair trial in the sense we understand
it". (p.254, Speech by UK Ambassador to Uzbekistan at the
Freedom House reception in Tashkent, October 17, 2002)
Measures undertaken by Uzbekistan: Since
2001 the Government of Uzbekistan is pursuing widespread betterment
of its court-judicial system.
Arrest and detention are excluded as a punishment
for many types of crimes. It allowed to decrease the number of
detainees in two times in comparison with 2000.
"The Law on Courts" in its new edition
became the basis for amending criminal procedural legislation,
improving procedural court hearing procedures, introduction of
the appellate institution, reforming appeal court system. Consideration
of cases under appellate procedures made it possible for timely
and effective correction of court mistakes and to re-establish
justice on submissions of convicts, victims, their lawyers or
lawful representatives.
"Law on changes and amendments to the Criminal,
Criminal Procedural Codes and Code on administrative liability
in connection with liberalization of criminal punishment"
adopted in August 2001 made substantial changes to the system
of criminal law and court practice.
First, Criteria for classifying criminal acts
have been changed. In the past, criminal acts of lesser public
danger considered to be those for which criminal punishment was
set in the forms other than imprisonment. According to the new
legislature, criminal acts of lesser public danger are now classified
as those for which punishment is imprisonment for less than three
years, crimes committed incautiously for which punishment is imprisonment
for less than five years.
This law dramatically changed investigative
and courts practice on selecting measure of prosecution and setting
punishment. Thus, options for releasing the accused from prosecution
and punishment in cases of first offense of lesser public danger
or less heinous crimes have been expanded.
The analysis of the court practice reveals that
changing criteria for classifying criminal acts and liberalisation
of criminal punishment made a positive effect on social-judicial
situation in the country. Thus, if during last several years (1998-2001)
there has been an increase in number of convictions, then after
entering into force of the given law the number of convictions
substantially diminished. For instance, in 2002 the total number
of convictions went down to 13.8% in comparison with the year
2001.
Substantial changes are also observed in court
practice for setting punishments. For example, if in 1998 the
share of convicted in the form of imprisonment was 49.2% of total
convicted, in 1999—48.4%, in 2000—47. 2%, in the first
half of 2003 this figure was 34.7%, and 65.3% of convictions were
in the form other than imprisonment. This means that many convicts
are not being isolated from their families and society.
Second, this law softened the punishment on
87 crimes envisaged in the Criminal Code, including in 26 cases
imprisonment was totally excluded as a measure of punishment and
in several cases imprisonment was replaced by fines. Thus, this
law made it possible to enforce punishment in the form of a fine
in 187 crimes. As a result, if in 2000 the fining as a measure
of punishment has been applied in 2.1% of convictions, then during
the first half of 2003 this figure rose to 12.8%.
Third, the possibility for the courts not to
imprison for certain types of crimes of economic character, in
cases where economic losses are covered by the accused, made it
possible to widely apply other forms of criminal punishment rather
than imprisonment (such as fines, public works).
Since the new law came on the scene, more than
5,000 convicts had a choice to repent outside penitentiary establishments
since the economic losses of the victims were covered by them.
Fourth, the deliverance of additional punishment
as a confiscation of property from a number of articles of the
Criminal Code on 142 types of crimes prevented the unjust punishment,
inherited from the Soviet past. Hence, it has put to an end the
needless sufferings on the part of the family, children and neighbors
of those, who are said to have committed the crime. 4.871 people
were released of such punishment.
Fifth, article 50 of the Criminal Code of the
Republic of Uzbekistan has acquired a new point, which has secured
no more than three quarters of the highest term of imprisonment
for the convicted men over 60 years of age and women, envisioned
by the article of the Particular part of the given code. Thus,
the terms of imprisonment have been cut with regard to 279 persons
convicted before, hence, allowing for most of them to return to
their families.
Over the last years, enormous attention is being
paid to reeducation of minor criminals without isolating them
from society. If in 1998 56.5% of total number of convicted minors
were imprisoned, then in 1999 this number made up 42.5%, in 2000—32.4%,
as well as in the first half of 2003—23.6%.
Sixth, the Chapter, namely "Processes on
reconciliation" has been added into the Criminal-Legal Code,
which envisages the release of legal responsibility due to the
reconciliation. This is an absolutely new institution in the legal
science as well as legislature.
Since 2001, due to the reconciliation pact with
plaintiff 13,520 defendants were released of legal liability.
Seventh, the amendments introduced into a number
of articles of the Criminal Code envisage the cutting of terms
with probation release of punishment, and alternating it with
softer punishment. In its turn, such move serves as an encouraging
step with regard to the imprisoned and promotes the fastest return
of them to the right track.
Henceforth, the new edition of articles 73 and
74 of the Criminal Code of the Republic of Uzbekistan expanded
the application of probation terms with regard to convicted to
imprisonment, or alternating the punishment with a softer one.
The given norm has been applied to 10,000 convicted persons.
At the same time, the cutting of terms of being
under arrest and preliminary investigation of crimes, as well
as limiting the terms of hearing the cases in the court of law
prevented the cases of red tape at the stage of preliminary investigation
and court hearings. Also, these procedures raised the level of
responsibility among investigators and judges, allowed the on-time
solution of criminal cases, as well as prevented the cases of
groundless and long detentions.
According to data, in 2001 the number of cases
investigated within a timeframe of more than three months made
up 939, and in 2003 the following figure went down to 69 criminal
cases, particularly, those considered to be grave and heinous
crimes.
On September 26, 2003 the President of Uzbekistan
has signed Decree "On liberalization of prison conditions
of first-time convicts". According to this Decree the persons
imprisoned for non-serious crimes will serve the sentence in the
special settlements that provide them the possibility for normal
contacts with families.
Moreover, due to mistakes by prosecutors and
investigators in choosing of the type of punishment, 3,744 persons
detained during preliminary investigations were released from
custody and other type of punishment with no imprisonment was
applied to them.
Over the space of 2002 and the current year,
based on the protest by prosecutors, the groundless court sentences
envisaging the severe penalties have been amended, and measures
of punishments with regard to 3,371 persons—mitigated.
Over the one and a half years, based on the
principle of equality of all before the law, a number of disciplinary
punishments were imposed on 74 judges who had come at groundless
decisions while considering the criminal cases. Five judges were
charged with bribery for application of the softer punishment,
envisaged in the law.
Closer attention is paid to the issues of human
rights of detainees and prisoners. Additional measures were undertaken
for fair resolution of appeals by detainees and prisoners, and
almost half of 1,600 complains were resolved by Prosecutor's Office.
Direct communication and personal talks of prosecutors with prisoners
now proves to be effective, which leads to measures against illegal
acts committed by officials. For example, over the last one and
a half year, 3,433 acts by prosecutors eliminated the infringements
of law.
4. Issue raised: "Opposition parties
are banned are banned. The right of opposition figures, human
rights activists and journalists to express freely their opinions
is severely curtailed by the authorities". (p.29)
Measures undertaken by Uzbekistan: The
registration of political parties is carried out in accordance
with the Law on Political Parties (with amendments and additions)
dated December 26 1996. In accordance with this Law, the registration
procedure of political parties by the Ministry of Justice shall
last not longer than a month starting from the submission date
of application. According to the Article 5 of this Law the state
guarantees the protection of rights and legal interests of political
parties, and creates equal opportunities for them to fulfill their
aims and tasks mentioned in their charters.
Article 9 includes exhaustive list of reasons
of rejection to register political parties. In addition, in case
of rejection the Ministry of Justice of the Republic of Uzbekistan
shall inform the leadership of the party about it with the reference
to submitted documents contradicting the provisions of state legislation.
The rejection may be appealed in the Supreme Court of the Republic
Of Uzbekistan.
Nowadays, there are five registered political
parties in Uzbekistan (People Democratic Party of Uzbekistan,
"Fidokorlaar", "Milliy Tiklanish", "Adolat",
Movement of entrepreneurs and businessmen—liberal Democratic
Party of Uzbekistan).
Currently over 300 national and international
NGOs in the sphere of human rights and over 3,000 domestic public
organizations have been registered in the Republic.
There are 900 (351 in 1991, 784 in 2001) media
services in Uzbekistan including 560 newspapers, 165 magazines,
4 information agencies, 70 radio and TV stations, and more than
100 electronic information providers.
The press is published in Uzbek, Russian, English,
Kazakh, Tajik, Bukhara-Jewish and Korean languages.
About 30 private TV stations are working in
the country. Moreover, there are 10 private FM radio stations
broadcasting on Uzbek, Russian and English.
Internet is becoming more accessible for the
population. Today there are more than 354,000 of Internet users
in Uzbekistan. In 2001 the users accounted for 137,000. It is
worth to mention that there are no restrictions on the use of
the Internet in Uzbekistan.
In addition there are 44 accredited representatives
of foreign media in the Republic.
The laws passed in 2002-2003 envision a transition
to a bicameral parliament and electing the candidates nominated
just by political parties and movements will boost a public political
activity, the role of political parties, non-governmental and
civil institutions, as well as true implementation of the principle
"From the strong state onto a strong civil society".
5. Issue raised: "The UK appreciates
the real security threats that Uzbekistan faces from terrorism
and drugs trafficking. However, we have consistently urged Uzbekistan
not to exploit the international fight against terrorism. . .Uzbekistan
should not use it as an excuse for the persecution of those who
pursue their views by peaceful means". (p.29, p.254, Speech
by UK Ambassador to Uzbekistan at the Freedom House reception
in Tashkent, October 17, 2002)
Measures undertaken by Uzbekistan: In
this regard the Uzbek side would like to draw the attention of
the British government on the following: being participating in
the international antiterrorist coalition, Uzbekistan not only
assists to combat international terrorism and to strengthen regional
security but also upholds generally accepted values of freedom
and democracy, that have become "targets" of international
terrorism and religious extremism.
6. Issue raised: "Torture is a serious
problem in Uzbekistan, and we lobbied on numerous cases at senior
levels. The cases of Muzafar Avazov and Husnidin Alimov, two members
of banned Islamist party Hizb ut-Tahrir who were apparently tortured
to death in Jaslyk Prison with boiling water, rightly attracted
significant attention. . ."(p.29)
Measures undertaken by Uzbekistan: In
August 6, 2002 approximately at 15.50 in the cell of brigade #15
UY-64/71 located in Jaslyk, the Republic of Karakalpakstan, there
was a disputed incident between convicted persons of the following
character.
As of August 6, 2002 there were the following
convicted in the brigade #15 UY-64/71 contained: AVEZOV Muzaffar
Mirzaahmedovich, ALIMOV Husniddin Sirojiddinovich, RUZIEV Yoldosh
Ismailovich, ABDULLAEV Anvar Allayarovich, BOBOEV Kamol Hasanovich,
HASANOV Uktam Sadullaevich.
In August 6, 2002 approximately at 15.50 between
convicted Alimov, Avezov on the one part and Abdullaev, Ruziev
on the other part there was a disputed incident on ground of mutual
hostility. In a course of suddenly arisen quarrel both sides had
inflicted each other various body injuries by hand strikes, improvised
subjects and boiled water which were in the cell for household
purposes.
The incident between four convicted at the presence
of two convicted-eyewitnesses proceeded no more than three minutes,
thus there was not a much noise of it. As Avezov got burns, convicted
Hasanov called officers of the establishment, who called for the
medical servicemen. The chief of the establishment's medical service
and his assistant had rendered urgent medical aid for the victims.
In view of their heavy burns, Avezov and Alimov were transferred
to the aid station where intensive therapy was carried out.
Physical condition of Avezov was as following:
pallor of integuments, in areas of thermal burn (both hands from
brushes on elbows, from area of a stomach up to a knee joint)—reddening
with bubbles and tearing away of integument, a burn of 26-27 %,
temperature of 38,8oC, blood pressure lowered—60/40, pulse—60
b/m, complaints to pains in an areas of burn and heart. From the
moment of detention in the establishment Avezov was registered
and clinically observed with the diagnosis: cardiac ischemia,
hypertension illness of 2-3rd degrees, adiposity of 2nd degrees,
varicose veins of the bottom extremities. He repeatedly was on
treatment earlier, there were complaints to pains in heart and
headache, and the general physical condition was "relatively
satisfactory".
Physical condition of Alimov was as following:
pallor of integuments, in a areas of thermal burn (the left part
of breast area and the left area of scapula)—reddening with
bubbles and tearing away of integument, a burn of 17-19%, high
temperature, lowered blood pressure and pulse, the pressed graze
in the size about 2sm on the face between eyebrows with partial
damage of integument, complaints to pain in areas of burn, headache,
pain in lumbar area, and later—strangury. From the moment
of detention in the establishment Alimov was registered and clinically
observed with the diagnosis: Acute nephritic deficiency, cardiovascular
deficiency, rheumatic polyarthritis, chronic polynephritis, rheumatism,
latent maxillary-brain injury. He repeatedly was under treatment.
Complaints to pains in heart and kidneys, the general physical
condition was "relatively satisfactory".
About 17.30, taking into account the condition
of patients, the chief of the medical service had addressed to
the head of establishment with the petition for necessity of patients'
transportation for rendering the qualified treatment in SI-9 (located
in Nukus city). In view of that transportation in the evening
time is prohibited, the patients were transported by special vehicle
about 8.30 am in August 7, 2002 with support of the chief-doctor.
Taking into consideration that the road up to SI-9 makes 380 km,
200km of which through the steppe, and the temperature that day
was high, special vehicle had highly heated up. Besides it, in
view of tyres' damage along the road because of high temperature,
the transportation took in total more than six hours. Thus the
condition of patients along the way had considerably worsened.
And it was not possible to rescue Avezov and Alimov by the provided
medical aid, as soon as they were delivered in SI-9.
As a result of heavy physical injuries during
the conflict between cell-mates, burdened by heavy conditions
of transportation, chronic cardiac diseases of both (Alimov—also
kidneys) in August 7, 2002 at 16.20 the death of Alimov with the
indication of the reason of death ("acute cardiovascular
deficiency, nephritic deficiency"), and in August 7, 2002
at 17.40 the death of Avezov with the indication of the reason
of death ("acute cardiovascular deficiency") were ascertained.
The Ministry of Internal Affairs of the Republic
of Karakalpakstan carried out administrative investigation on
the fact of death of convicted Alimov H. and Avezov M. According
to the investigational findings, in August 18, 2002 Minister of
Internal Affairs of Karakalpakstan affirmed the report on the
basis of which 10 employees of establishment, including the head
of settlement, were punished in the disciplinary order, two of
them were discharged. The Office of Public Prosecutor of the Republic
Karakalpakstan initiated a criminal case against sergeant Mansurov,
controller of military unit # 7553, who was in duty of the chief
of detachment.
In August 9, 2002 the Office of Public Prosecutor
of Republic Karakalpakstan initiated a criminal case # 50715 on
the basis of Article 105/1 of the Criminal Code of the Republics
of Uzbekistan (deliberate body injury of medium degree) against
convicted Abdullaev A. and Ruziev Y. on the fact of making physical
injuries to Alimov H. and Avezov M.
After proper investigation, the case was delivered
to the court. As a result of trial, in February 9, 2003, Court
of the Mujnak district of the Republic Karakalpakstan made a verdict.
According to verdict for beating and scalding with boiled water—Abdullaev
A. was convicted to punishment by Articles 105/2 and 60 of the
CC of Uzbekistan for three years of six months of the imprisonment,
Ruziev I. Was convicted by Articles 105/2 and 60 of the CC of
Uzbekistan for 13 years of imprisonment.
Besides, it is necessary to note, that after
the fact described above, the administration of the Jaslyk settlement
undertook all measures, in case of critical situations demanding
surgical intervention. It was decided to transport convicted patients
to Nukus by the plane of sanitary aviation. There were 8 convicted
patients were transported to Nukus by the plane of sanitary aviation
during 2003.
7. Issue raised: "The work of the ICRC
is suspended `due to difficulties securing the co-operation of
prison officials'". (p.29)
Measures undertaken by Uzbekistan: In
2001 the government of the Republic of Uzbekistan and the International
Committee of the Red Cross concluded the agreement on humanitarian
activity with regard to the detained and imprisoned.
Based on the Agreement, in 2001 the group of
the ICRC representatives paid four visits to detention places
(including the penitentiary facility "Jaslyk"—two
visits), in 2002—five visits, as well as during 2003—more
than 30 visits.
For over the past three years the ICRC delegates
visited 12 colonies, 12 detention places and seven jails out of
total 21 colonies (with common, strict, and special regimes).
In May this year the group of delegates from
the Co-operation commission "Uzbekistan-EU" visited
facility UY 64/1 (Zangiota district of Tashkent province).
The representatives of the EU member-country
embassies (such as Italy, Germany, Netherlands, France and Great
Britain) paid a visit to facility UY 64/18 (the city of Tashkent)
and facility UY 64/71 (the settlement of Jaslyk). They have confidentially
conversed with prisoners, serving their sentences for the crimes
against Constitutional order and public safety (such as Begjanov
M., Khudaiberdiev I., Rakhmonov A., and others).
In October this year another visit took place
to facility UY 64/71 (in Jaslyk) with participation of the Ambassadors
of Italy (A. Persiani) and Germany (M. Hecker), the UK Embassy
Charge d'Affairs (A. Noble), counselor of the Netherlands Embassy
(T. A. Kouvenaar), attache of the Embassy of France (J. Gali)
and Germany (R. Richter).
Given the realization of the OSCE Center project
in Tashkent on the study programs among the personnel, the regional
international seminars were held in August this year for the personnel
of the penitentiary system in Tashkent, Navoi, and Karshi. Along
preparation and holding these seminars, the representatives of
the OSCE Center in Tashkent and ODIHR/OSCE experts visited six
facilities of the penitentiary system—these are UY 64/1
and UY64/ZMC (Zangiota district of Tashkent province), UY 64/IZ
[en rule]7 (town of Kattakurgan), UY 64/46 (city of Navoi), UY
64/51 (town of Koson), and UY 64/33 (city of Karshi).
Within the framework of study of the Concept
on the fight against tuberculosis in penitentiary facilities,
the WHO and KFW-Bank resident offices in Tashkent are said to
have employed bank's delivery experts. With such an aim the WHO
regional representative in Central Asia and other foreign representatives
visited the facility UY 64/18 (Tashkent city) three times vis-a-vis
evaluating its readiness for launching the project.
In 2003 the Konrad Adenauer Foundation jointly
with the Ministry of Internal Affairs, the Authorized of the Oliy
Majlis for Human Rights (Ombudsman) and National Center of the
Republic of Uzbekistan for Human Rights held two international
seminars at the facilities UY 64/46 (Navoi city), and UY 64/3VK
(Zangiota district of Tashkent province).
During regional seminars on human rights the
representatives of the Konrad Adenauer Foundation visited facilities
such as UY 64/71 (Jaslyk settlement), UY 64/73 (Zafarobod district
of Jizzakh province), UY 64/3 (Bustonlik district of Tashkent
province). The visit to facility UY 64/IZ-8 (Termez city) is expected
to take place during the regional seminar to be held in Surkhandarya
province in December 2003.
During this year correspondents and journalists
of international agencies accredited in Uzbekistan such as France
Press, Associated Press, BBC, Reuters, Liberation and others visited
correction facilities (UY 64/18, Tashkent city, UY 64/7, Tashkent
city, UY 64/71 Jaslyk settlement, 64/3 Bustonlik district of Tashkent
province and others).
Within the framework of implementing the pilot
project on prevention of HIV/AIDS among the sentenced drug addicts,
the representatives of the Open Society Institute Assistance Foundation
(Soros Foundation) visited the facility UY 64/6 (town of Chirchik),
while the representatives of Counterpart visited the facility
UY 64/7 (Tashkent city) within the framework of training project
for sentenced women (computer literacy, knitting, haircutting,
and sewing skills).
Upon the special request of the US Embassy,
its representatives visited facilities UY 64/46 (Navoi city),
UY 64/33 (Karshi city), UY 64/7 (Tashkent city), UY 64/TVK (Tashkent
city).
As a part of preparation and holding the Co-ordination
Council meetings on the prison health care, the employees of the
London-based international non-governmental organization headquarters,
namely "International prison reform", and its regional
offices in Almaty (Baroness Vivienne Stern, Eleanor Lou, Vera
Tkachenko, Gulnara Kaliakbarova, and others) visited the UY 64/1
(based in Zangiota District of Tashkent Province), and others.
Thus, according to the aforementioned facts,
there are unhampered visits in Uzbekistan by the ICRC and foreign
country embassy representatives to all detention places.
8. Issue raised: "In December 2002 the
EU protested against the death sentence handed to Iskander Khudaiberganov,
despite strong allegations that torture was applied to secure
his and others' confessions. The allegations were dismissed without
further investigation". (p.29)
Measures undertaken by Uzbekistan: According
to the information provided by the Office of the Prosecutor General
of the Republic of Uzbekistan and the Tashkent City Court, criminal
proceedings against I.Khudoibergenov were instituted on the charges
of committing a series of terrorist acts in Tashkent on February
16, 1999. Immediately after the terrorist attacks, Khudoibergenov
and his accomplices (148 people in total) went into hiding and
were declared at large.
On January 31, 2002 Khudoibergenov was arrested
by the law-enforcement agencies of Tajikistan, and on February
5, 2002 handed over to the Ministry of Internal Affairs of the
Republic of Uzbekistan.
The subsequent investigation has determined
that in February, 1998 Khudoibergenov joined the so-called "Islamic
Movement of Uzbekistan" (IMU), extremist religious organization
created by T.Yuldashev and J.Namangoniy.
From February through August, 1998 he was trained
in military terrorist camps in Chechnya under the direct supervision
of Khattab, notorious international terrorist. The investigation
further revealed that nearly 35 citizens of Uzbekistan took terrorist
training in two Chechen camps at Serjantyurt and Shali from spring,
1998, through January, 1999.
Having returned to Uzbekistan in the Autumn
of 1998 Khudoibergenov, in fact, established a Tashkent branch
of the IMU with other members of the criminal group O.V.Kadirov,
A.B.Abdullaev, B.T.Kasimbekov, N.A.Khakimov, A.Kh.Sharifov, A.Akhmedov,
etc. The group was aiming at the forceful overthrowing the constitutional
order by declaring "Jihad" and creating an Islamic state,
destabilizing social and political situation in Uzbekistan. Pursuing
the goal of getting hold of necessary means for its activities,
the criminal group led by Khudoibergenov committed a series of
grave crimes, including murders and robberies.
On the eve of terrorist attacks of February
16, 1999, the accomplices telephoned Khudoibergenov and warned
him to hide and await further instructions.
On March 4, 1999, having armed themselves with
a sawn-off rifle and other weapons, Khudoibergenov and others
robbed the entrepreneur K.Obidov's house, located in the Trade
Center of Tashkent region, and stole large sum of local and foreign
currency along with the victim's personal vehicle "Nexia".
On August 6, 1999, having committed robbery
assault on local entrepreneur K.Jalolov, Khudoibergenov and others
caused him severe bodily injuries that subsequently led to his
death. While trying to escape the crime scene, they murdered B.Rizaev
and O.Mukhamedov, Patrol Police officers of the Tashkent City
Department of Internal Affairs.
In August, 1999 Khudoibergenov fled to Tajikistan,
where he ended up in a Tavildara Gorge military terrorist camp
established by J.Namangomiy. From August through November he participated
in the incursions of the IMU militants into Batken region of Kyrgystan.
In June, 2000 Khudoibergenov took special training
course on explosive operations at an IMU camp in Tajikistan under
the supervision of a Pakistani instructor. By J.Namangoniy's personal
instruction, I.Khudoibergenov arrived in Tashkent in July, 2000
to set up explosives at a railroad station or other large facilities.
These carefully planned terrorist attacks failed due to the arrest
by law enforcement officials of Uzbekistan of a group of his accomplices,
who were attempting to break into Bostanlik region of Uzbekistan
from Tajikistan with the explosive's detonator and match.
From September, 2000 through July, 2001 Khudoibergenov
was hiding himself in his relative's house in Tashkent. While
searching the B.Karimov's house, where Khudoibergenov once lived
temporarily, the investigators found 4 kg. of niter and 0.6 kg
of aluminium powder for a self-made explosive device.
Based on their own confession, corroboration
at crime scenes, testimonies of the victims, confrontation protocols,
forensic evidence, ballistic and chemical examination of the sawn-off
rifle and 79 5.6-calibre cartridges found during the search, Khudoibergenov
and the criminal group's other members were proven guilty of committing
the aforementioned crimes.
The investigation on the group has not been
closed and the rest of its members, including A.Bekmirzaev, are
still at large.
In accordance with the law and appeals of the
UN Human Rights Committee under its Rule 86, execution of sentence
for I. Khudoyberganov has been suspended until the Clemency Commission
under the President's Office of Uzbekistan and the Human Rights
Committee will consider it.
9. Issue raised: "The death in custody
of Orif Ershanov on 15 May 2003, who was detained on suspicion
of belonging to Hizb ut-Tahrir, was condemned by the international
community. Despite EU requests for an independent investigation
into the death, the Uzbek authorities declined any offers of assistance".
(p.29)
Measures undertaken by Uzbekistan: Penitentiary
institutions are visited on a regular basis by the representatives
of the International Committee of the Red Cross, as well as of
other international organizations and embassies of foreign countries
in Tashkent. The condemned persons treatment conditions in these
establishments have been substantially improved.
Each case of death of the imprisoned person
in these establishments is being carefully investigated with obligatory
procedure of judicial medical examination for the death-causing
reason clarification, and the decision made on the grounds of
this investigation is strictly based on letter of law.
We have following information regarding death
of O.Eshonov.
On May 6, 2003 O.Eshonov was detained as a suspected
in committing a crime stipulated by an article 159, part 1 of
the Criminal Code of the Republic of Uzbekistan (an encroachment
on the existing constitutional system) and from May 9, 2003 was
held in custody.
On May 10, 11 and 13, 2003, being at the temporary
isolator of Karshi-city internal affairs unit, Eshonov had harsh
rise of the blood pressure and for this reason he was hospitalized
to the Kashkadarya region branch of the Republican science center
of first aid.
On the basis of medical inspection his diagnosis
was formulated as following: "Hypertensive illness of 2nd
level, hypertensive crisis of 1st level, heavy form of pulmonary
asthmas, chronic kidney insufficiency, anemia of heavy level,
chronic bronchitis and pneumonia."
Despite of all undertaken medical treatment
measures, O.Eshonov died in the named medical institution on May
15, 2003.
The Office of Prosecutor of Karshi prescribed
to carry out a judicial-medical examination of the death of O.Eshonov,
which concluded, that his death was caused by hypertensive illness,
infringement of brain blood circulation and a hemorrhage in a
brain, physical injury indications were not revealed.
Conclusions of death-cause examination were
confirmed by doctors, who had treated Eshonov and other collected
documents, and in this regard the Karshi-city Prosecutor Office
on May, 31, 2003 refused in excitation of criminal investigation
on the fact of Eshonov's death. This decision on June, 11, 2003
was cancelled by Kashkadarya region Prosecutor Office and presently
O.Eshonov's death fact is being investigated.
10. Issue raised: "The journalist and
human rights activist Ruslan Sharipov was arrested on 26 May 2003
in Tashkent on suspicion of having committed homosexual acts .
. . we believe that the accusations may be politically motivated
as well as being intrinsically unjust and are linked to Sharipov's
criticisms of the Uzbek government and revelations about police
corruption". (p.30)
Measures undertaken by Uzbekistan: Ruslan
Alexandrovich Shripov, born in 1978, a citizen of the Republic
of Uzbekistan, on August 13, 2003 was condemned by Mirzo-Ulugbek
district court for on criminal cases of Tashkent under the charges
of articles of Criminal Code of Uzbekistan 120 (sodomy), 127 part
3 para b (involving in criminal activities of two and more minors),
128 part 2a (repeated sexual intercourse with the person under
16 years) and was sentenced for five years and six months of imprisonment.
During investigation and litigation on R.Sharipov's
case it is revealed, that in night of May 22 and 23 2003, involving
minors Otabek Ortykov, born on 22.06.1987, and Otabek Tahirzhonov,
born on 19.07.1987, into sexual relations for compensation, he
committed with them acts of sodomy (satisfaction of sexual needs
in unnatural form without violence).
In night of May 26 2003 he committed the same
actions with minors O.Ortykov and A.Muminkulov.
On the basis of petition of victims' parents
(O.Ortykov and O.Tahirzhonov), R.Sharipov was detained. Detention
procedure and preliminary investigation were carried out in accordance
with criminal procedure legislation of the Republic of Uzbekistan.
Law enforcement structures representatives had not used any physical
force application, psychological pressure or other unlawful methods.
It was confirmed by the results of special inspection of R.Sharipov
carried our two days after his detention, ie on May 29 2003.
At detention, during investigation, and hearing
the case R.Sharipov completely admitted his own guilt.
The closeness of litigation on R.Sharipov's
case is explained by the ethical reasons, because minors participated
in the process as victims. Besides upon request of R.Sharipov
himself, who did not want disclosure of criminal case details,
his relatives were not admitted to the judicial session.
R.Sharipov's interests during the investigation
and litigation were defended by two independent lawyers.
The court, having studied materials of the case,
having listened to the victims, witnesses, the defendant, as well
as statements of prosecution and defense, has found R.Sharipov
guilty and has sentenced him for punishment as imprisonment for
five years and six months.
On September 25, 2003 the Tashkent city court
on the basis of R.Sharipov's appeal examined his case anew and
made a decision to reduce the term of punishment from five years
and six months to four years of imprisonment.
Presently condemned R.Sharipov provided with
conditions and treatment of imprisonment in full accordance with
requirements stipulated in international legal documents. Conditions
of treatment of R.Sharipov are satisfactory, his physical and
intellectual condition is under protection of the Law.
The Uzbek side again declares, that R.Sharipov
is condemned to imprisonment not for his professional activities
and not for his non-conventional sexual orientation, but for paedophilia,
which is considered to be a serious crime in many countries.
11. Issue raised: "It is not only Muslims
who suffer and being prosecuted for pursuing his/her beliefs"
in Uzbekistan. (p.255, Speech by UK Ambassador to Uzbekistan at
the Freedom House reception in Tashkent, October 17, 2002)
Measures undertaken by Uzbekistan: Representatives
of various religions live in Uzbekistan and all the citizens are
free to profess their religious beliefs. It is guaranteed by the
Constitution and country's laws.
The adoption of the Law on "Freedom of
conscience and religious organizations" in 1991 and its new
edition in 1998 resulted in qualitative change of role and legal
status of religious organizations. The aim of this Law is to secure
and guarantee the freedoms and rights of consciousness and belief
for every one, to maintain equality of citizens regardless to
their religious beliefs, and to regulate issues related to the
activities of religious organizations.
It is worth to mention that in 1990 only 211
religious organizations were registered in Uzbekistan. Currently,
2096 religious organizations are registered in Uzbekistan, 1918
of them—Islamic, 160—Christian, seven—Jewish,
seven-Bakhai communities, two—Krishna consciousness communities
and one Buddhist temple. All believers and religious organizations
are free to set up and maintain international links and direct
private contacts including trips abroad for pilgrimage, participating
in seminars and conferences.
Since Independence about 40,000 citizens of
Uzbekistan have performed pilgrimage to Mecca (big Haj) and 20,000—to
small Haj (Umrah). It should be mentioned, that during the whole
period of Soviet rule the number of pilgrims from Uzbekistan was
only 86 men. Over this period the number of mosques has increased
from 89 to more than 2,000.
There are Islamic University, Higher Clerical
Institute, 10 Islamic madrasahs and two seminaries in Uzbekistan,
where representatives of new generations pursue their education.
Moreover, on 22 August 2003 the Cabinet of Ministers
of the Republic of Uzbekistan issued a Decree No 364 on rendering
of social assistance and privileges for further improvement of
spiritual and educational work in religious sphere and realization
of action plan on protection of the people, especially the youth
from the threat of religious terrorism.
12. Issue raised: "In August the government
embarked upon a series of closures of major bazaars in Tashkent,
and subsequently across Uzbekistan. It directly affected the livelihood
of an estimated 50,000 people . . . the IMF have recommended that
thes issues be reversed". (p.255, Speech by UK Ambassador
to Uzbekistan at the Freedom House reception in Tashkent, October
17, 2002)
Measures undertaken by Uzbekistan: In
18-27 June 2003 an International Monetary Fund delegation visited
Uzbekistan the country's recent economic performance and progress
in market economy, and to discuss conditions for resuming financial
co-operation. The delegation acknowledged a significant progress
made in 2002 and the first quarter of this year.
The IMF's mission considered the implementation
of the budget, lowering of the inflation rate, and the considerable
reduction of the difference between the exchange rates as a success.
According to the Mission's assessment, positive
results have been achieved in implementing structural reforms.
In particular, they have noted measures taken on increasing the
role of the private sector, improving market relations in agriculture,
reforming the construction sector, improving healthcare system.
As a result of the visit of the IMF delegation
in June 2003, in order to liberalize foreign economic activity
and expand the role of the private sector, the Government and
Central Bank expressed to the IMF their intention to abolish all
current restrictions on currency exchange and the application
of multiple exchange rates by the end of this year.
In this regard, the Government, in consultation
with IMF, developed an Action Plan which foresees current account
convertibility by the end of 2003. On 15 October 2003 Uzbekistan
joined the Article 8 of the IMF and the convertibility of the
national currency on current account transactions was provided.
During the second half of the year we managed to equalize exchange
rates.
According to the Report to the Permanent Council
of the OSCE by the Head of the OSCE Centre in Tashkent (CiT) Ambassador
Ahmet Erozan "the Uzbek Government has recently taken a number
of steps to stimulate the activity of private enterprises, simplifying
the tax structure, limiting the number of inspections by authorities,
and reducing procedures for SME registration".
At the current stage of reforms we are implementing
a Comprehensive Program on the liberalization of the currency
regulation system and the financial sector's foreign economic
activities, acceleration of the development of small and medium
enterprises, strengthening private sector.
Reforms of governmental agencies are also under
way. We have significantly reduced the Government's and regulating
agencies' interference into economic activities of enterprises.
For instance, the number of illegal audits went down dramatically:
in 2002 there were 157 cases of illegal audits of enterprises
set against 1,450 cases in 2001.
The establishment of the Department of legal
protection of foreign investments within the Ministry of Justice
in May, 2003 has provided an effective mechanism for the legal
protection of foreign investors' rights and interests.
In short period since the Department's establishment,
there have been five cases when the decisions of regulating agencies,
that have violated the rights of foreign investors, were called
off.
For example: The 83 million som fine against
"UzBAT" Uzbek-Britain joint venture was abolished.
We are now witnessing positive developments
in reforming our banking system and commercial banks.
Our gold and hard currency reserves have expanded
significantly. This year alone gross capital of commercial banks
has grown by 32%. Improvements in credit repayment have led to
a 36% increase of commercial bank loans.
The general public's trust to the banking system
is getting stronger: deposits to private accounts have grown by
44%.
We are liberalizing and bringing our legislation
on foreign economic activities into accordance with international
standards: import customs duties have been unified, import contract
registration procedures have been simplified, system of certification
of imported goods as well as the norms and standards of the World
Customs Organization have been introduced.
Based on the world market prices, we have introduced
a more advanced and modern system of pricing for major agricultural
commodities—raw cotton, cotton fiber, and grain.
We have taken measures to reduce tax burden
on enterprises and to unify taxation system. As you know, in 2003
profit tax rate was reduced from 24% to 20%, deductions into social
insurance funds for juridical persons went down from 37,3% to
35%, while some types of taxes have been abolished.
These measures have contributed significantly
to the improvement of financial status of manufactures and enterprises
and extended their investment activity. For the first half of
2003, private investment has increased by 18% and reached 46%
out of the total amount of investment into the economy.
The key issue of reforms at the current stage
is to deepen the processes of privatization and to create on its
basis a widespread network of private enterprises. It is necessary
to acknowledge that these processes are going more dynamically
this year.
On August 26, 2003 the Cabinet of Ministers
issued a Decree "On additional measures on accelerating the
privatization of unprofitable and bankrupt state-owned enterprises
and entities".
According to the Decree, unprofitable and bankrupt
state-owned enterprises and entities will be sold to investors
at their zero redemption value on the basis of competition and
acceptance by an investor of certain investment obligations.
State-owned enterprises and entities will be
sold at their zero redemption value to those investors who would
offer best investment projects and take widest commitments, including
full repayment of outstanding credit indebtedness.
Enterprises sold at their zero redemption value
will be excused from the repayment of longstanding and unpayable
debts to budgetary and non-budgetary funds, including imposed
fines and penalties.
An investor, who would have purchased an enterprise
or entity, will be exempted from income (profit) tax.
Measures on stimulating and encouraging small
businesses, considerable simplification of their registration,
and, most importantly, the introduction of an effective mechanism
of the protection of their rights and interests, have contributed
to the development and strengthening of this important sector
of our economy.
There are more than 240,000 small and medium
size enterprises in Uzbekistan today. Last year alone 370,000
new workplaces were created. As of the first half of 2003, over
5.3 million people, which is 52,7% of the country's total workforce,
have been employed in this sector of the economy. Small and medium
size enterprises produce 33,2% of the gross domestic product.
In 2002 foreign trade turnover of small and
medium size enterprises reached 725 million USD. Loans worth 114,9
billion soms were provided in the first half of 2003 to small
and medium size enterprises for the purchase of technology, equipment
and production materials.
In general, in the first half of this year the
amount of domestic investment has increased by 2,6% and reached
one third of GDP. Over 60% of total investment went to the development
of the manufacturing industry.
There have been positive changes in the structure
of investment itself—the proportion of decentralized sources
of investment, be it enterprises' own resources and funds, commercial
bank loans, or direct foreign investment, has grown from 56% to
67%.
During the first half of 2003, foreign investment
worth 200 million USD was attracted. Out of this amount 65 million
USD were direct foreign investment, which is 1,9 times more than
it was last year.
As a logical result of the measures on deepening
reforms and liberalizing economy, we have achieved the stable
and well balanced growth of production: gross domestic product
increased by 4,2% in 2002, and by 3,8% in the first half of 2003.
With the view of ensuring stability of the national
currency, this year the Central Bank has taken a number of measures
to significantly toughen monetary and credit policy. Besides the
cessation of the state budget deficit crediting, control over
cumulative monetary aggregates and others, the Central bank has
considerably expanded the use of indirect means of monetary and
credit policy and adopted a flexible mechanism of control over
the interest rates.
Since September 10, 2003 the Central Bank has
lowered the rate of refinancing from 24% to 20%.
Gradual reduction of the rate of refinancing
(in the beginning of the year the rate of refinancing of the Central
Bank was 30%) became possible as a result of positive changes
in macroeconomic indicators and the considerable decrease of the
inflation rate.
Steps taken to toughen monetary and to increase
financial disciplines as well as specific measures to fill the
home market with competitive domestically manufactured product
have positively effected the inflation rate.
While in the first half of 2002 the rate of
inflation was at 14,4%, than in this year it came to 4,2%, which
in turn could not but strengthen our national currency. At the
same time it is important to note, that in January through August
2003 there was a deflation of the consumer price index at the
rate of 0,7%, which means the reduction of consumer prices in
comparison with their growth at 14,1% rate in the same period
of 2002.
Foreign trade turnover for the first half of
the year has grown by almost 23%, while export has expanded by
41%. At the same time, the export of finished goods has grown
by 1,6 times, and its share in the total export has increased
to 41% set against 35% in last year. We have achieved a positive
balance of payment at 530 million USD.
All measures on the bazaars (megamarkets) activity
regulations undertaken by the Government were aimed to suppress
smuggling and entering counterfeit products into the Uzbek market
and as well as for prevention shadow and off bank-assets turnover.
At the present time all the bazaars in Uzbekistan
are open and continuing their activity with the legal assets.
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