We are addressing you on behalf of IHRA (International Human Rights Association) “Fiery Hearts Club” which is recognized as one of the leading human rights NGOs addressing the problems of prevention of torture, fair trial practice and situation in detention places in countries of Central Asia, including Uzbekistan. IHRA “Fiery Hearts Club” focuses on protection and promotion of the core civil and political rights and freedoms, namely freedom from torture or similar ill-treatment, freedom of religion, the right to fair trial and others.

Mr.Greg Hands M.P.
House of Commons
London SW1A 0AA
United Kingdom
Tel: 020 7219 5448
E-mail: mail@greghands.com
Subject: In the Matter of Mr. Erkin Musaev – Uzbekistan

Dear Mr.Greg Hands, Members of the Parliament, House of Commons:

We are addressing you on behalf of IHRA (International Human Rights Association) “Fiery Hearts Club” which is recognized as one of the leading human rights NGOs addressing the problems of prevention of torture, fair trial practice and situation in detention places in countries of Central Asia, including Uzbekistan. IHRA “Fiery Hearts Club” focuses on protection and promotion of the core civil and political rights and freedoms, namely freedom from torture or similar ill-treatment, freedom of religion, the right to fair trial and others.

On the eve of June 26th the International Day in Support of Victims of Torture we are writing to you to follow up in the matter of Mr. Erkin Musaev, the former Uzbekistan Defense Ministry employee, who has been convicted under a trumped up criminal case in Uzbekistan in 2006 involving treason and divulging state secrets to the western countries, including the NATO and United States.

There are several valid reasons why we are writing to you today again in the matter of Mr. Musaev. One of them is of course the Uzbek government’s rapprochement with its western partners, including the United Kingdom, including the British Parliament for the last several years. The exchange of high-level official delegations between Uzbekistan and the United Kingdom for the last several years has been intense and we believe there is a room for raising Mr. Musaev’s situation and the issue of his earlier release from prison on humanitarian concerns during the official discussions. We believe the United Kingdom has enough leverage right now to raise its concerns on Mr. Musaev’s case.

Another valid reason in support of our call is the significance of Mr. Musaev’s case in the western nations’ relations with the Uzbek government. Mr. Kayum Ortikov – a former security guard at the British Embassy in Tashkent who has been arrested and tortured by the Uzbek National Security Service for almost six months to coerce him plead guilty in espionage in favor of the United Kingdom and United States also recalls that in March 2009 he has been tortured for almost a week to coerce him provide testimonies against Mr. Erkin Musaev whom he didn’t know. It is clear now that both Mr. Musaev and Mr. Ortikov were part of the Uzbek government’s post-2005, post-Andijon events purge of the western friends, because in cases of both Musaev and Ortikov the Uzbek National Security Service tortured them and threatened them to cast them as western-paid organizers of the Andijon uprising in 2005.

Another similar case to that of Mr. Musaev’s is Mr. Sanjar Ismailov’s case – Mr. Sanjar Ismailov, a former deputy head of the Main Intelligence Directorate of the Uzbek Ministry of Defense, who was sentenced to 15 years in 2006 for espionage in favour western countries following Andjion events. There is a big irony now when the western partners are again discussing with the Uzbek government the partnership issues on withdrawal of western troops from Afghanistan by the end of 2014.

Therefore, we believe the United Kingdom has an effective leverage in raising Mr. Musaev’s case with the Uzbek government. The United Kingdom wasn’t effective in raising its voice in defense of Mr. Kayum Ortikov, the former British Embassy staff, even after he and his family members left Uzbekistan in 2011 and applied for asylum. We think the United Kingdom must act now in the matter of Mr. Musaev and call the Uzbek government to release Musaev from prison on humanitarian concerns.

Third reason why United Kingdom could effectively raise Mr. Musaaev’s issue right now with the Uzbek government are decisions by the two UN human rights monitoring bodies in favour of Mr. Musaev: a) the Opinion of the UN Working Group on Arbitrary Detentions adopted in 2008, b) and the Decision of the UN Human Rights Committee adopted on 21st March 2012. According to the both decisions by the UN bodies, Mr. Musaev’s case was trumped up and his constitutional and procedural rights were grossly violated. The UN has also concluded that Mr. Musaev’s trial was unfair, and his case must be reconsidered in the court.

The UN has also urged the Uzbek government to thoroughly scrutinize cases of brutal torture applied against Erkin Musaev during pre-trial investigation. However, as of today the Uzbek government hasn’t still implemented the decisions by the UN bodies. On the basis of these UN decisions Mr. Musaev’s father Mr. Aidjan Musaev appealed to the Presidential Administration, the Prosecutor General, the Supreme Court and other relevant authorities of Uzbekistan to requesting reconsideration of his son’s case.

Unfortunately the Uzbek authorities continue refusing to implement the UN decisions. On the contrary the Uzbek law enforcement agencies increased their pressure and threats against Mr. Musaev and his father Aidjan after the UN decisions. We believe the decisions of the UN human rights monitoring bodies in favour of Mr. Musaev provides additional leverage for the United Kingdom to act on this matter and urge the Uzbek authorities to release Mr. Musaev from prison.

Last reason why we think the United Kingdom should act on Mr. Musaev’s matter is his alarming health conditions. His health deteriorated because of severe torture and ill-treatment he has been subjected to during pre-trial investigation and trial and also by new diseases he developed after imprisonment. He has been diagnosed with “active bronchitis”, “chronic pyelonephritis in partial remission”, “chronic gastritis in remission”. According to Mr. Musaev’s father who visits him in prison from time to time Mr. Erkin Musaev needs serious medical examination. In the prison, if he has pain, the doctor gives him either an aspirin or drives him away. Because of the dampness in the prison, Mr. Musaev’s legs started aching; sometimes it is very difficult for him to walk. He suffers blood pressure, headaches, and pain in the stomach. He often asks for sedatives or pain killers.

Without timely international intervention and assistance we think the chances that Mr. Musaev ever comes out of prison in a normal health is indeed unrealistic and he might definitely repeat the fate of the most political prisoners in Uzbekistan who are released from prison only when they are dying because of diseases or tortured to death. Numerous similar cases are well documented. Mr. Musaev is sentenced to 20 years imprisonment and his prison term ends only in 2026. The Uzbek authorities are continuing subjecting him to torture and ill-treatment even in prison. The prison authorities are doing everything to make Mr. Musayev ineligible for annual amnesty acts or pardon.

According to the Uzbek government’s response to the UN inquiries while serving his sentence, Mr. Musaev has repeatedly breached the penitentiary regime and was found as a persistent violator of prison rules, as punishment for which he has received disciplinary sanctions on 12 occasions, including three periods of confinement in a punishment cell. This cannot be true because nobody in Mr. Musaev’s situation would consciously violate prison rules and thus deprive himself / herself of annual amnesty acts, pardons and chances of being released earlier. The Uzbek authorities are well known for labeling political prisoners as persistent violators of prison rules so that they are never released from prison and their sentences are prolonged unlimited times.

In your communications with Musaev’s father Mr. Aidjan Musaev and Foreign & Commonwealth Office in 2010 you have mentioned that you will continue to monitor Mr. Musaev’s case and look for opportunities to encourage progress on that issue. We hope you still share Musaevs family’s concern about Erkin Musaev’s physical and psychological well-being and about lack of response thus far from the Uzbek authorities.

Dear Mr. Hands, we urge you to push the United Kingdom’s Parliament and Government to act on the matter of Mr. Erkin Musaev immediately before it is not too late to help him. Mr. Musaev’s case has developed a very good international profile and been published widely in international media. We believe the United Kingdom has an effective leverage in influencing the Uzbek government’s position on this case and achieve Mr. Musaev’s early release from prison on humanitarian concerns.

Please do not hesitate to contact us if you need more information on this case or have questions.

Thank you in advance for your consideration.

Sincerely,

Mutabar Tadjibayeva

Founder & Chairwoman of IHRA “Fiery Hearts Club”

Mohira and Kayum Ortikovs

A family of the former British Embassy security guard in Tashkent,

representatives of the Citizens’ Initiative Group “Life Without Torture”

Additional information:

IHRA “Fiery Hearts Club” was founded by Mrs. Mutabar Tadjibayeva – a prominent human rights activist and independent journalist from Uzbekistan. Mrs. Tadjibayeva herself has been a victim of torture and similar ill-treatment during her imprisonment under a trumped up criminal case in Uzbekistan. On May 15, 2008, when she was still in prison, Mutabar Tadjibayeva was awarded with the Martin Ennals Award. For the 60th anniversary of the Universal Declaration of Human Rights, the ‘’Fiery Hearts Club’’ was awarded with the French Republic’s “Liberty, Equality, Fraternity” Prize. In 2008 Mrs. Tadjibayeva was announced top 10 list of the women who had played the most significant role in human rights protection. In May 2014 Mrs. Tadjibayeva was included by Reporters Without Borders into the list of 100 most influential journalists of the world. IHRA “Fiery Hearts Club” has been a member of the FIDH (International Federation for Human Rights) since 2013.

Musaev Aidjan letter addressed to Greg Hands.