The Uzbek court agreed to allow Russian lawyer to access the case of Mirsobir Khamidkariev
On 21 October, Illarion Vasiliyev, Russian lawyer of Uzbek refugee Mirsobir Khamidkariev, who was kidnapped this summer in Moscow, told “Jarayon”that the Uzbek court agreed to allow him to access Mirsobir Khamidkariev’s case.
“The judge has agreed to allow me to access Khamidkariev’s case. I’m going to fly to Tashkent in the near future to participate in the court sessions,” said lawyer Vasiliyev.
Recently “Jarayon” found out that the Uzbek authorities accuse Mirsobir Khamidkariev according to Article 216 (Illegal organization of public associations or religious organizations) and Article 244 (Production or distribution of materials containing threat to public security and public order) of the Criminal Code of Uzbekistan.
“Mirsobir Khamidkariev is prosecuted in Uzbekistan. Six people have already testified against him. However, his family members said that the testimony of these people have no serious charges,” Mutabar Tadjibayeva, the head of “Fiery Hearts Club” International Human Rights Organization,told “Jarayon”, who managed to contact Khamidkariev’s family members by telephone.
In August 2014 “Jarayon” reported that allegedly Mirsobir Khamidkariev voluntarily refused services of a lawyer hired by his family to protect him. After thatthe government provided a lawyer for him. However, Tadjibayeva says that the lawyer does not provide any details to Khamidkariev’s relatives about him.
“Mirsobir Khamidkariev’s family members participate in court proceedings, but they are not allowed to visit him. According to them, he was very thin and it was difficult for him to sit. During one of the court sessions, Mirsobir hinted to them that he was tortured,” said Tadjibayeva.
Mirsobir Khamidkariev, a 37-year-old producer and entrepreneur from Uzbekistan, was kidnapped in the center of Moscow on 9 June, 2014. In Russia, he and his common-law wife Eleanora Isayeva had been seeking asylum. A few days after the Uzbek refugee disappeared on the territory of Russia, his lawyer Illarion Vasiliyev told “Jarayon”that first Khamidkariev was taken out by Uzbek security services from Russia to Kazakhstan, and then he was taken to a prison in Uzbekistan.
Since 2011,Mirsobir Khamidkariev was wanted by the Uzbek government. He was charged with establishment of terrorist organization “Islomzhikhodchilari”, which allegedly comprised well-known Uzbek athletes, intellectuals and businessmen.
However, Russian human rights activists, who provided legal assistance to Uzbek refugee Mirsobir Khamidkariev, asserted that those charges were fabricated.
Prior to his abduction in Moscow, Mirsobir Khamidkariev had told “Jarayon” that he started having problems in 2010 because of his business in Uzbekistan. The entrepreneur owned “Electronics World” store in the center of Tashkent, which the authorities tried to seize.
“It is difficult to say what the reasons of his problemsare. Maybe his movies or friendship with Farrukh Saipov (Mirsobir Khamidkariev produced the movie titled “Nafs” [Temptation] made by Uzbek actor Farrukh Saipov. This film was banned for public display in Uzbekistan 2.5 years. Later, Saipov was arrested by Uzbek security services, which accused the actor that allegedly he became religious – “Jarayon”). Maybe it is about his seized business, but certainly not his religious beliefs because Mirsobir Khamidkariev did not make an impression of a deeply religious man. Uzbek security service agents completed the task.
They say they received bonuses. Therefore it does not matter due to what reasonsthe Uzbekistan citizen was wanted by the government. All wanted people, who are provided protection by Russian or European Courts, may be kidnapped by the Uzbek government,” Mirsobir Khamidkariev’s Russian lawyer Illarion Vasiliyevtold “Jarayon”.
After Mirsobir Khamidkariev left Uzbekistan, his younger brother Miraziz as well as many of his acquaintances and friends were arrested by Uzbek security agents and sentenced to many years in prison. According to Jarayon’s sources, these people are still subjected to severe torture in Uzbekistan.
Currently, Mirsobir Khamidkariev’s younger brother Miraziz is serving a sentence in the penal colony in the city of Karshi. Recently, Marguba Khamidkarieva, the Khamidkarievs’ mother, told human rights activist Tadjibayeva that she visited her youngest son in prison.
“Mirsobir Khamidkariev’s mother told me over the phone that the conditions in the Karshi prison have become even tougher. The prison administration told relatives of prisoners that the maximum weight of parcels should not exceed 10 kilograms. According to her, Miraziz has problems with his gallbladder, so she wanted to pass him medicines, but prison officials did not allow doing thatthus depriving the sick man of vital medicines. This is how religious and political prisoners are treated and tormented in Uzbek prisons,” the human rights activist said.
I would remind that after Mirsobir Khamidkariev was abducted by the Uzbek security services in Moscow, his lawyer Illarion Vasiliyev notified the European Court of Human Rights in Strasbourg that the Uzbek refugee disappeared on the territory of the Russian Federation and asked the court to apply Rule 39 of the Rules of Court to suspend extradition of Mirsobir Khamidkariev from Russia to Uzbekistan.
On Tuesday, lawyer Vasiliyev told “Jarayon” that at the end of August 2014 the Strasbourg court declared that the complaint in regard to the case of Uzbek refugee Mirsobir Khamidkariev will be examined, and the court asked the Russian government questions about the case.
“In fact, this is the beginning of the court trial in Strasbourg in absentia,” lawyer Illarion Vasiliyev told “Jarayon”.
The trial against Uzbek refugee Mirsobir Khamidkariev continues in Tashkent. “Jarayon” will closely monitor the case and report its readers about it.
Sofia DAVRONOVA
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