To UN Special Rapporteur on Freedom of Expression,
to OSCE and to  International organizations for the
protection of the rights of journalists

Uzbekistan is a country with an authoritarian regime where the human rights are systematically violated. The government uses all methods of control, such as psychological pressure, blackmailing, the use of local institutions (Mahalla) to hinder the work of human rights defenders, deprivation of basic living sources, threats and arrests on trumped-up charges.

In 2016, Reporters without Borders (RWB) has published a new edition of the World Press Freedom Index, which shows increased number of government attacks against journalist, certain ideologies and particular groups of interest. This chart reflects the degree of freedom of actions of local journalists and represented by 180 different countries of the world. According to the regional index, Europe (19.8 place) is the area where the journalists are free.

The lowest place in the Index belongs to Turkmenistan (178th place), North Korea (179th place) and Eritrea (180 place). Kyrgyzstan is in the 85th place, Tajikistan is 150th, Kazakhstan is 160th, and Uzbekistan is 166th. “Unfortunately, this started to be common: in so many countries national leaders started to have something like paranoia against the legitimate work of journalists,” – said Christoph Deluar, Secretary General of RWB.

The World Press Freedom Index is published by RWB every year since 2002 and it became the main tool for the protection of journalists. Its reputation ensures a noticeable impact on the media, on the government and international organizations. The index reflects the situation of the press freedom and pluralism based on the evaluation of the independence of the media, the rule of law and protection of journalists in 180 countries.

In Uzbekistan, the authorities exercise all-encompassing control, which had its impact on the information flow. After the tragedy in Andijan in 2005, it became particularly difficult to receive accreditation for journalists in Uzbekistan. The factor which determinates the oportunity to work in Uzbekistan is the loyalty to the political regime in the country. In 2008, according to official statistics, Uzbekistan has accredited only three correspondents of foreign media, and only about 25 foreign journalists.

The government uses the mechanisms of containment of critical materials on the activities of the authorities. The journalists are persecuted if their materials express an independent opinion on the situation in the country. For this reason, an important number of international agencies stopped working in Uzbekistan because they were covering the events in Andijan in 2005 differently from the official version of the events. The main source of objective information about the political and socio-economical situation in Uzbekistan for the population are online resources and radio stations based abroad.

The International human rights organization “Fiery Hearts Club” in Paris, works with the violation of human righst of the citizens of Uzbekistan in the country and abroad. We document and disseminate information on violations of the rights of human rights defenders, journalists and civil society activists, and today we are writing to you with a statement on the case of journalist Barno Hudayarova.

Uzbek government has violated Mrs. Hudayarova’s right to journalistic inviolability during performance of her professional duties. The right to inviolability is guaranteed by Article 8 of the Law “On protection of Professional Activity of Journalists” (adopted on 24.04.1997), which says that a journalist during  the execution of his professional duties has an immunity and any prosecution of journalists for publishing critical material is not allowed.

After the Andijan events of 2005, the restrictions on freedom of expression became even more intensified and a campaign of intimidation and harassment of journalists started. As a result, some journalists, fearing for their lives, were forced to leave the country (more details in the application, 1-17). The journalists were not only intimidated, but also subjected to fabricated administrative and criminal charges against them. The law enforcement officials plant drugs, weapons, or even ammunication into personal belongings or cars. The criminal cases were initiated based on fabricated charges of defamation, causing injury, disobeying legitimate demands of the authorities, etc.

There is a common practice when for the views or public criticism, journalists, writers and human rights activists are imprisoned on fabricated charges for many years. Unfortunately, every day the situation gets worse. Because of their professional activities, today in Uzbek prisons there are more than 10 journalists. Among them Yusuf Ruzimurodov and Muhammad Bekzhon, who were deported from Ukraine in March 1999. They are the journalists who stay in prison for the longest period in the world.

In addition to these journalists, the following journalists also remain in prison Gayrat Mihliboev, Solijon Abdurahmonov, Shavkat Ismailov, Davron Tadjiev, Bahrom Ibragimov, Botirbek Eshkuziev, Dilmurod Saidov. All of them are political prisoners and they continue to fight for their freedom. Unfortunately, the situation is not changing for the better and none of these journalists were released. The list continues to grow.

The story of Barno Hudoyarova Barno and her daughters, whose case requires urgent attention

Barno Hudayarova is a journalist who published an article entitled “Why the rights of a businessman are being violated?” This article was released in 8 (59) issue of 24 April 2015 of the socio-legal, artistic and media newspaper titled “Huquq dunyosi” – “World of rights,” which is printed under the Foundation “Huquq qomusi” NTM.

Editorial board of the newspaper received a complaint from the entrepreneur Mavlyuda Akhmedova. On the basis of the complaint and on the basis of the President reports under the title “The most important sustainable economic trends planned for 2015,” “On the elimination of all restrictions and obstacles to full freedom of private property development and stewardship,” the author conducted a journalistic investigation and wrote an article.

The publication of this article caused the excitement not only in the district but also in the region because the article mentions the involvement of the government officials of Norin district, governor Azam Sultanov, deputy governor Valisher Nuraliev and district prosecutor Bahram Yuldashev. The article says that they abused their duties and initiated destruction of a shop belonging to a businessman before the decision of the Economic Court of Namangan Region entered into force. This building was built in two years and belonged to an entrepreneur Mavluda Akhmedova and her company “Mavlyudabonu.” She sold her house, her land and took the credit, she spent more than 400 million sum to build the shop called “Household.” She received moral and material harm and because of these developments Mavlyuda Ahmedova  lost her eyesight and became disabled.

Barno Hudoyarova was arrested because of this article and on November 16, 2015 the Republican Prosecutor’s Office of Uzbekistan issued a protest to repeal the decision of the Namangan Regional Economic Court of March 13, 2013 and determination of the appeal May 2, 2013. According to the protest, the Republican Supreme Court repealed the decision of the Economic Court.

When Barno Hudoyarova refused to write a refutation of the article, the officials prepared compromising information against her and initiated a criminal case. The heads of kindergartens wrote slanderous complaint against the journalist and submitted it to the law enforcement agencies of the Narin region. They used the article “Betrayal of the Future,” written after the journalist’s investigation with the participation of Barno Hudoyarova. The article was published 5 months before the publication of the article “Why the rights of the businessman are being violated?”, 22 number (49) of 15 November, 2014. The article criticized the activities of kindergartens in Narin region and was signed by Matluba Ismailova.

The slanderous complaints accused Barno Hudoyarova of extortion of $100 from the heads of kindergartens № 24 and № 26 Mukaddas Saidalieva and Munosib Hotamzhonovoy, 200 thousand soms from the head of the kindergarten № 36 Muyassar Abdullayeva, $150 and $200 from the head of the kindergarten № 16 Yangikurgan District Muborak Ibragimova and caretaker Zh.Mirtozhiev. The heads of kindergartens number №3, №12, №23 Nargiza Sarimsokova, Muazzam Soipova and Karomat Juraev also wrote false and contradictory letters. The court in the trial was aware that these “victims” have been forced to write those letters. The sad thing was that the words of those who really suffered in this situation were not heard by the court. The court, based on the testimony of these “victims” sentenced journalist Barno Hudoyarova to 5 years and 4 months in prison.

The signature of Barno Hudoyarova was forged and the case was transferred to the Narin District Court for criminal cases. The first lawyer hired by the investigator, Bahodir Karimov, did not protect the interests of Barno Hudoyarova, and did not complain about the fact that the investigator falsified documents. On November 9, 2015 a judge convicted Barno Hudoyarova under the Criminal Code, paragraph “a”, “b”, the second part of Article 165, and deprived her of liberty for 5 years and 4 months. A letter was written to the President of the Republic by the public representatives who were in the court. It did not give any result.  The lawyer of the family Sirodzhev gave the copies of the case to the daughter of Barno Hudoyarova. Since then a year has passed but the family still did not get the indictment.

The daughter of Barno Hudoyarova appealed to various authorities but did not get any answer. In addition, when she went to the Passport Office at the Department of Internal Affairs, the employee, S. Karimov, tore the passeport of Shohsanam Hudoyarova. The daughter of Barno Hudoyarova is in despair and disbelief. The family situation is very serious. They do not have any news from Barno Hudoyarova. The eldest daughter takes care of her two children and of her fourteen year old sister. Because of all these experiences, the eldest daughter of Barno Hudoyarovoy attempted a suicide on June 11, 2015 by taking 40 units of dimedrol and 30 units of trambopolom, but luckily the doctors came in time to save her.

We condemn the imprisonement of Barno Hudoyarova and encourage international organizations to respond to this and demand the release of the innocent journalist.

The family of Barno Hudoyarov authorized the International Human Rights Organisation “Fiery Hearts Club” to represent her interests and we ask the international organizations and the UN Special Rapporteur on freedom of expression to demand from the government of Uzbekistan to raise the question of the fate of the journalist Hudoyarova Barno and her family.

• We ask international organizations to demand the government of Uzbekistan to open a criminal case against officials who violated the rights of the journalist, illegally put her into the prison and persecuted her family.
• We demand the compensation for moral and material damage caused to Hudoyarov’s family
• We demand the government of Uzbekistan to immediately release the journalist, who was lawfully fighting against corruption.

Mutabar Tadjibayeva
Founder Chairwoman of
IHRA “Fiery Hearts Club”