Uzbek court found Tursunov dangerous repeat offender and sentenced him to 16 years

Journalists of “Jarayon” were able to get through their sources in Uzbekistan a copy of the verdict in relation to refugee Khairullo Tursunov, who was extradited from Almaty, Kazakhstan, to Uzbek capital Tashkent in spring of 2013.

From the copy of the verdict “Jarayon” has learned that the trial of the 38-year-old Khairullo Tursunov was held in Kashkadarya Regional Criminal Court. The public court proceeding were presided over by Judge A. Elmurodov. Tursunov sentence was handed down on June 6, 2013.

“To sentence Kh. Tursunov to the final punishment for a period of sixteen (16) years of imprisonment in a colony of special regime. According to Article 34 of the Criminal Code of the Republic of Uzbekistan, to recognize Kh. Tursunov as a dangerous recidivist. Term of imprisonment must start from April 7, 2012”, states the copy of the verdict.

Khairullo Tursunov was formally charged with the following articles of the Criminal Code of Uzbekistan: Article 155, part 1; Article 156, part 3, paragraph “d”; Article 159, part 3, paragraphs “a, b”; Article 216; Article 223, part 2, paragraph “b”; and Article 244/2, part 1.

In 2003, in Uzbekistan, Tursunov was charged with terrorism and attempting to overthrow the constitutional order. Then the Uzbek authorities accused him and other eighteen Muslim believers in participating in the activities of a terrorist organization and sentenced to twelve years in prison.

However, in February 2004, Khairullo Tursunov was released under amnesty.

This time Tursunov was accused in criminal conspiracy with a group of people after joining an organized criminal group, whose aim was to create and participate in the activities of religious extremist, separatist, fundamentalist organization. Tursunov was also accused of attempting to overthrow the constitutional order of Uzbekistan and illegally travel abroad.

It should be noted that the copy of Tursunov’s verdict also mentions several of the twenty-nine Uzbek refugees and their wives, who were extradited from Almaty to Tashkent in 2011. According to the Uzbek side, Kh.Tursunov, L.Nazarov, U.Tursunov, M.Gulyamov and others created a Jamaat in Almaty, which aimed to establish an Islamic caliphate in Central Asia. This Jamaat, as stated in the verdict, was divided into two parts: male and female.

In particular, the sentence refers to the testimony of one of the twenty-nine refugees extradited from Kazakhstan – S.Hurramov, who in the course of investigation confessed that he, along with Ostonov Ulugbek, Gulyamov Muhiddin, Tursunov Khairullo and others, created Jamaat in the city of Almaty.

“Men’s Jamaat” was led by Khairullo Tursunov, and “Women’s Jamaat” was headed by a woman named Umida. At meetings of the Jamaat we discussed that Islamic state must be established in the Republic of Uzbekistan and that the political regime in the country is wrong, that there is no religious freedom, and the regime in the country is against the religious. Therefore, we called on all members to travel to other countries and always be ready for jihad,” said in his testimony S.Hurramov, one of twenty-nine Uzbek refugees detained in Almaty in 2010 and extradited to Tashkent after a year.

However Khairullo Tursunov denied in court all the charges against him.

The head of the International Human Rights Organization “Fiery Hearts Club”, Mutabar Tadjibayeva, referring to Tursunov’s relative, says that during the trial Khairullo did not even try to defend himself and was completely indifferent to his fate.

– He did not listen to the advice of a lawyer and his family, who asked him to talk about everything openly. It did look like Khayrulla, who, while being in custody in Kazakhstan, continuously fought for his rights trying to prove his innocence. As a former prisoner, victim and witness of torture used in Uzbek prisons, I can say with confidence that Khairullo Tursunov’s such behavior can be explained only with one thing – he was brutally tortured in custody, – says Mutabar Tadjibayeva.

However, Ms.Tadjibayeva, expressing deep regret, says that today many people subjected to persecution and torture for their religious beliefs at the hands of the current regime in Uzbekistan are ignored and deprived from support and assistance of international organizations.

– Let me cite one case as an example. I appealed to organizations that support people subjected to persecution for their religious beliefs asking for help. However, it has not given any results. So far I have not received any response from them – neither negative, nor positive. Exactly the same thing happened with twenty-nine Uzbek refugees extradited from Almaty two years ago. And it’s very sad, – says Mutabar Tadjibayeva.

A native of Yakkayogoch village in Karshi district of Kashkadarya region, Khairullo Tursunov, was detained in Aktobe city of Kazakhstan in April 2012. He was traveling by train from Kazakhstan to Russia. About a year Tursunov held in temporary detention in Aktobe and Almaty, and then was extradited back to Uzbekistan.

Tursunov had lived in Kazakhstan for several years as a refugee. Previously, he appealed to the Kazakh representative of the Office of the UN High Commissioner for Refugees with the request to protect him and his family from persecution of the Uzbek security services.

The Uzbek authorities have accused Tursunov of terrorism, attempting to overthrow the constitutional order, and membership in a Jamaat, established in Almaty, and asked the Kazakh side to extradite the Uzbek refugee.

On February 28, 2013, the UN Office of the High Commissioner for Human Rights stated in written form that the individual complaint of Tursunov, prepared by the international human rights organization “Fiery Hearts Club”, based in France, would be considered by the UN Committee against Torture for six months.

The Office asked the Kazakh authorities not to extradite Khairullo Tursunov to Uzbekistan during this time period. However, the Kazakh side has not fulfilled this request and, contrary to its international obligations, extradited Khairullov Tursunov to Tashkent on March 13, 2013.

Asad BAYMURADOV

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