Uzbekistan – Prolonged detention of human rights defender Mr Ganihon Mamathanov with reduced sentence
On 15 May 2014, in the appeal hearing, the Criminal Court of the Navoi region reduced a recently imposed sentence against human rights defender MrGanihon Mamathanovby three months to two years, three months and six days.
The human rights defender has been in prison since October 2009 as a result of previous convictions, and he was due to be released in March 2014. The new sentence, originally handed down on 29 March 2014, is in relation to charges of disobedience to prison authorities.
Ganihon Mamathanov used to work to defend economic and social rights, particularly farmers’ land rights in the Fergana valley. The human rights defender also collaborated with the Radio Liberty Uzbek Service, which reports on, amongst other things, human rights violations in Uzbekistan.
The appeal hearing took place in absentia of Ganihon Mamathanov. When the human rights defender’s lawyer tried to bring this violation of legal procedure to the attention of the judge, he was himself accused of not respecting the rules of trial procedures. The conviction arose from charges of “disobedience to legitimate orders of penalty institution’s administration” under part 1 of Article 221 of the Criminal Code, as a result of allegations that the human rights defender was involved in a fight with another prisoner and disobeyed orders of the prison authorities on 20 February 2014.
The human rights defender was placed in solitary confinement for 17 days and his family was informed of the new charges on 28 March 2014. The hearing took place the next day in prison 64/47 of the Kyzyltepa settlement of the Navoi region of Uzbekistan. Before the trial, Ganihon Mamathanov was not given any details of the charges, nor was he given the right to examine the results of the investigation into his case. The human rights defender had no legal representation during the proceedings and reportedly had his glasses taken away during the hearing, so that he was unable to read the arguments he had prepared for his defence. Ganihon Mamathanov was convicted and sentenced to two years, six months and six days’ imprisonment.
Ganihon Mamathanov was originally sentenced on 25 November 2009 following his conviction by the Akhunbabaev District Court of Fergana, which found him guilty of violating Articles 168 part 3 (extortion) and 211 part 3 (bribery) of the Uzbek Criminal Code, and imposed a sentence of five years’ imprisonment. Front Line Defenders issued anurgent appealon his case at the time. On 5 January 2010, the regional court of Fergana reduced the sentence to four years and five months of imprisonment in a prison settlement. Under Uzbek law, a prison settlement is a lighter form of prison detention where detainees can benefit from a greater freedom of movement. In April 2010, Ganihon Mamathanov was reportedly transferred once more to a prison, and was due to be released in March 2014.
Front Line Defenders condemns the multiple violations of legal procedure and secrecy under which this new conviction of Ganihon Mamathonov took place. Front Line Defenders believes that his imprisonment is directly linked to his legitimate and peaceful human rights work.
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