The application for a grant “Building a Coalition Against Torture in Uzbekistan” was refused in financing in 2014.
Application Date: August 28, 2014
Project Title: Building a Coalition Against Torture in Uzbekistan
Eurasia Program Project Application
Main Application
Executive Summary
This project will strengthen the capacities of the International Human Rights Association “Fiery Hearts Club” (FHC) to measurably diminish the occurrence of torture at the hands of authorities in Uzbekistan, provide legal aid to victims and raise awareness of the issue at the national and international levels.
Applicant organization
The International Human Rights Association “Fiery Hearts Club” (FHC), protects and promotes civil and political rights and freedoms in Central Asia, particularly in Uzbekistan, and is recognized as one of the leading human rights organizations in the region. FHC focuses on issues such as the right to a fair trial, freedom from torture and other ill-treatment and works to monitor, document and report on the state of human rights in Central Asia. FHC provides legal aid to those in need while raising awareness and advocating for human rights causes at the international level.
Combating torture and providing legal aid for alleged torture victims has been one of the key programs of the FHC since its creation. The organization, despite operating in exile, maintains a significant network of contacts in Uzbekistan, particularly in rural, Uzbek-speaking areas, where the majority of the politically motivated persecutions take place.
Through this network the organization has carried out a variety of activities addressing the problem of torture and similar ill-treatment in Uzbekistan, including monitoring, documentation and reporting on cases of torture, studying the implementation of recommendations made by international human rights treaty monitoring bodies, providing legal aid and counsel for alleged victims of torture, and researching broader issues of the national criminal justice system related to the problem of torture and its investigation.
The “Fiery Hearts Club” was founded by Mrs. Mutabar Tadjibayeva, a prominent human rights activist and an independent journalist in Uzbekistan; it is currently based in France and registered as an international human rights association. Mrs. Tadjibayeva has particular insight into the issues addressed in this proposal, having suffered torture herself at the hands of Uzbek authorities while imprisoned under false charges in 2005. Mrs. Tadjibayeva has received international recognition for her tireless efforts to promote human rights, including the Martin Ennals Award (2008), the French “Liberty, Equality, Fraternity” Prize (2008) and she was recently named one of the “100 Information Heroes of the World” by Reporters without Borders. FHC has been cooperating for several years with various international donors and partners to address the problem of torture in Uzbekistan. Donors who have supported FHC and its activities include Internews, the Central Eurasia Program of the Open Society Foundations, Open Society Justice Initiative and the National Endowment for Democracy.
The IHRA “Fiery Hearts Club” engages a network of independent journalists, activists and supporters in the Central Asian region who provide direct information about torture and other human rights developments in Uzbekistan. It has a solid network of experts working inside the country who regularly monitor human rights implementation and provide assistance to victims via legal, medical or material support. In recent years, FHC has guaranteed the provision of direct legal aid and counsel to more than 40 victims of torture in Uzbekistan. In addition, the organization submitted individual complaints on behalf of 10 victims of torture to the United Nations Committee on Human Rights. Many families of torture victims facing persecution and political charges in Uzbekistan have relied on the organization’s assistance to relocate to safe countries and apply for asylum.
In addition to the achievements outlined above, FHC maintains a website, www.jarayon.com, which is available in English, Russian and Uzbek language versions. The Jarayon website has editorial independence and is run by its chief editor and a number of associate journalists who generally provide information on a volunteer basis. The website has become an important media fixture in the human rights field and closely covers issues related to torture in Uzbekistan and other Central Asian countries. The proposed project will build the capacities of FHC, thereby ensuring that this important media forum is able to engage qualified journalists and continue providing crucial coverage of the state of human rights in Uzbekistan and more broadly.
FHC has been cooperating with a number of international partners on addressing the problem of torture in Uzbekistan. Among these partners are the Central European Program of the Open Society Foundations, International Federation for Human Rights, ACAT-France, NED, Open Society Justice Initiative, Human Rights Watch, Amnesty International, “Memorial” Human Rights Center (Russia), CIVICUS, Center for Political and Civil Rights (Geneva), Frontline (Ireland), Kazakhstan International Bureau for Human Rights, the social fund “Aman-saulyk” (Kazakhstan), the Human Rights Centre “Citizens against Corruption” (Kyrgyzstan), and the Human Rights Centre “Kylym Shamy” (Kyrgyzstan). Groups from within this network will be mobilized for the purposes of the project.
In spite of its many achievements, FHC functions mostly as a volunteer network of professionals dedicated to the eradication of torture in Uzbekistan. Given the challenges in establishing an NGO as an activist in exile, to date FHC has heavily drawn from unpaid contributions or small consultancy assignments to implement its actions. The recognition Mrs. Tadjibayeva enjoys in the human rights scene has enabled an optimal use of the very limited resources available, with the overwhelming majority of funds directly channeled to victims of torture inside Uzbekistan and asylum seekers in Europe. As a result, it has been difficult to fund permanent staff positions to secure sustainable funding and the development of the organization.
The proposed project will strengthen FHC’s capacities and build upon the successes of the organization and its network by strengthening its institutional capacity to bring the issue of torture and ill-treatment in Uzbekistan into sharper focus at the international level and achieve a marked decrease in the incidence of torture and impunity for perpetrators.
FHC will be supported in this action by International Partnership for Human Rights (IPHR). IPHR is a non-profit organisation with its seat in Brussels. It was founded in 2008 with a mandate to empower local civil society groups and assist them in making their concerns heard at the international level. IPHR works together with human rights groups from different countries on project development and implementation, research, documentation and advocacy. Its team members have long-term experience of human rights work at the international level and IPHR has assisted local human rights groups to engage with the international community. In 2010, IPHR carried out a one-year project in collaboration with nine Central Asian groups on the documentation and publication of human rights concerns, along with several advocacy activities primarily targeting EU institutions.
Background Information
Overview of issues to be addressed
(a) Torture as a systematic practice in Uzbekistan
Torture pervades the criminal justice system of Uzbekistan. The majority of cases occur during the first 72 hours of detention prior to any court review. During this period, detainees are held incommunicado and denied access to a lawyer of their own choice. It is not uncommon for individuals to be detained on trumped-up administrative charges and sentenced to arrest for up to 15 days, during which they are tortured and forced to confess to additional criminal offenses. This is particularly common in criminal charges involving murder, rape, robbery and membership in banned religious extremist groups. Similar methods are also applied to political prisoners, including imprisoned representatives of civil society and political prisoners held on religious grounds. Family members of these categories of torture victims are also often subjected to psychological pressure and threats by law enforcement officers.
In most cases, courts fail to pay attention to allegations of torture and permit confessions based on self-incriminating testimonies obtained under torture. Torture and ill-treatment are also widespread in prison, in particular in relation to political prisoners (see more below). Despite official statements, Uzbekistan lacks effective national mechanisms of investigating torture and similar ill-treatment. Those law enforcement officers whose names appear in the complaints of torture victims are not dismissed from their offices but remain in charge and sometimes even get promoted. The country also lacks a national rehabilitation and compensation system for torture victims. Most cases of torture and ill-treatment are never investigated. As a result, there is widespread impunity for torture.
In 2009, the Uzbek government adopted a new law allowing defense lawyers access to their clients in prisons or pre-detention facilities without written approval from the administration of the detention place and/or a written request from the client. However, monitoring has shown that this requirement is often ignored by the administration of detention facilities, as well as prosecutors and law-enforcement authorities involved in pre-trial investigations. In addition to difficulties with access to legal counsel, detainees also face problems with regard to other key guarantees for the protection from torture or ill-treatment, such as access to medical assistance and access to family members.
Despite the adoption by the Uzbek authorities of “Rules on arranging visits of local and international NGOs, journalists and foreign diplomats to penitentiary institutions” in 2004, little improvement has been achieved. After carrying out prison visits in Uzbekistan in 2009-2012, the International Committee of the Red Cross halted its visits in 2013 because it was unable to carry out its work in the country in accordance with its standard working procedures, such as meeting privately with prisoners. As previously, Uzbek human rights defenders are routinely denied access to detention facilities, although access has been granted in a few, isolated cases.
(b) Vulnerable groups
Individuals arrested and charged on politically motivated grounds such as political opposition activists, civil society activists and individuals accused of religious “extremism”, are at particular risk of torture and ill-treatment – both in pre-trial detention and in prison.
In prison, this category of individuals are often placed in solitary confinement for prolonged periods of time and subjected to abusive treatment by both prison administration officials and other inmates who cooperate with the prison administration. In addition to direct physical abuses, these prisoners are also the targets of indirect forms of torture and ill-treatment, for instance, placing them together with other inmates who have infectious diseases like HIV/AIDS or TB, depriving them of visits by family members, or involving them in exploitative or degrading types of labour in the prison facility.
In another practice that reinforces the vulnerability of political and religious prisoners to torture and ill-treatment, their sentences are often prolonged when their initial ones are about to expire, on dubious charges of disobeying prison rules (Art. 221 of the Criminal Code). This is a common method for Uzbek authorities to “neutralize” these categories of prisoners and keep them in prison for lengthy periods. In these cases, court hearings typically take place swiftly inside prison facilities, which makes it almost impossible for the prisoners and their family members to hire independent lawyers or for independent observers to attend the trial. In most cases, the prisoners, their lawyers and family members do not have access to the documents of the criminal case, including the final verdict.
There are cases of Uzbek human rights defenders, journalists and opposition activists who have faced charges of disobeying prison rules. Under the existing Uzbek legislation inmates who have been charged with violating prison rules are also not eligible for annual amnesties.
Uzbek asylum seekers who are detained abroad on the extradition requests of the Uzbek law enforcement agencies and sent back to Uzbekistan are also subject to torture and ill-treatment. Sometimes law enforcement officers travel abroad to the countries of temporary residence of Uzbek asylum seekers to arrest them and bring back to Uzbekistan. The Uzbek secret services have been actively involved in either the direct arrest and return of Uzbek asylum seekers or in initiating their arrests and extradition to Uzbekistan in such countries as Russia, Kazakhstan, Kyrgyzstan and Ukraine. Sometimes the Uzbek secret services act in the Uzbek asylum seekers or migrants’ communities abroad through their own informants and undercover agents. Most Uzbek asylum seekers forcedly brought back to Uzbekistan face trumped up criminal cases, illegal arrests, torture and lengthy imprisonment.
(c) International response
In a country like Uzbekistan it is dangerous to report about torture and ill-treatment, to criticize such practices and to identify the alleged perpetrators. Victims of torture, their families, human rights activists, journalists and involved lawyers face serious pressure and are subject to persecution. Several human rights defenders addressing problems such as torture have been forced to leave the country due to persecution. In such an environment, human rights defenders have very limited leverage to influence the government’s practices from inside the country. Given the virtual inexistence of a space for dialogue with national authorities, international mechanisms for human rights protection and human rights promotion coming from third countries have become the main channel to pressure the government to act on these matters.
Civil society groups have used these mechanisms over the last years to bring light to abuses by the government and have succeeded in obtaining important recommendations from expert bodies on torture-related issues. The UN Special Rapporteur on Torture visited the country in 2002, the Human Rights Committee reviewed Uzbekistan’s compliance with the International Covenant on Civil and Political Rights (ICCPR) in 2009, the Committee Against Torture revised Uzbekistan’s compliance with the Convention Against Torture in 2013, and the second UN Universal Periodic Review of Uzbekistan likewise took place in 2013. In all these cases, important recommendations have been made to the government of Uzbekistan for how to address the problem of torture and ill-treatment.
However, most recommendations made by international bodies are yet to be implemented. The lack of follow up by the Uzbek authorities is aggravated by the continuous denial of access of international human rights experts to Uzbekistan over the last ten years. The UN Special Rapporteur on the issue of torture has a standing request to the Uzbek government for a re-visit to the country in order to follow-up on the recommendations made in 2002.
In view of the above, international advocacy and public pressure on Uzbekistan to comply with the agreed upon human rights treaties and conventions remains of key importance. There is a pressing need for continued pressure on the Uzbek government to allow international oversight and access to the country to monitor developments in this area on the ground. Furthermore, there is a strong need to increase the volume of communications addressed to UN bodies regarding the individual cases of alleged torture victims from Uzbekistan.
(d) Challenges facing human rights defenders
The human rights situation in Uzbekistan is extremely challenging and the country’s civil society is subject to wide-ranging pressure. Independent human rights groups, human rights defenders, and journalists cannot operate freely and are obstructed in their work; they face the risk of persecution and imprisonment. Even human rights defenders who have fled their country and are continuing their work in exile face intimidation and harassment because of their efforts to draw attention to human rights violations back home. Activists are forced to operate underground or with a very low profile to avoid government persecution. As a result, they face serious obstacles in creating solid and sustainable organizations and securing funding for their activities.
These highly restrictive working conditions negatively impact both the capacity to influence the Uzbek government and the access to information. Victims of violations and their families are often reluctant to report about abuses due to the pervasive mistrust (characteristic of repressive societies) or because they are subject to direct threats by authorities. These circumstances are further aggravated for torture victims as they are vulnerable to abuses throughout their custody period and independent observers do not have access to detention facilities.
Overall, the strenuous environment for independent civil society inside Uzbekistan, coupled with the lack of access by international observers, has led to a decrease in the number of organizations reporting human rights violations from both inside and outside the country. The limited number of human rights actors in Uzbekistan inhibits the growth of human rights initiatives and undermines the potential involvement of new advocates and youth activists. Despite the visible actions undertaken by FHC and other groups operating in exile, there is a need to not only maintain public awareness but also to prepare and develop a wider network of activists to ensure that human rights abuses in Uzbekistan, and torture in particular, are not swept under the carpet.
The proposed project will strengthen the capacities of FHC to better administer, grow and coordinate a network of human rights activists focused on ending torture and ill-treatment in Uzbekistan. The project will enhance the existing structures in order to systematize the collection and transfer of information relating to these issues from within Uzbekistan. It will enable the FHC to ensure that this crucial information is appropriately prepared for both general dissemination and advocacy at all levels of the major international institutions. A strong network, coordinated by a professionalized organization, will lead to more reliable and systematic assistance to beneficiary groups, broader recognition of the project issues by the general public, and more overt and powerful measures taken at the international level to ensure that Uzbek authorities honor the human rights of their citizens.
Project Description
Goals and Objectives
Overall goal: Visible progress on the prevention and eradication of torture and ill-treatment in Uzbekistan, as well as on ending impunity for perpetrators.
Objectives:
To strengthen the institutional capacity of the International Human Rights Association “Fiery Hearts Club” by providing support to establish a functioning board, better defined roles of the director, staff and consultants, and strengthened financial support;
To empower FHC to take a lead in raising awareness about torture-related issues in Uzbekistan;
To systematize the FHC’s reporting mechanism on issues of torture and ill-treatment in Uzbekistan;
To assist victims of torture in Uzbekistan in obtaining redress and rehabilitation;
To mobilize the international community, through targeted advocacy, in concerted efforts to expose and address torture and ill-treatment;
To increase the capacity of FHC to grow the achievements of the existing human rights network and lay the foundation for a professional coalition.
Project Design and Activities
The project will be implemented in collaboration with the Brussels-based International Partnership for Human Rights (IPHR), as well as in cooperation with a broader number of NGOs and human rights defenders committed to counteracting torture and ill-treatment in Uzbekistan (see section on “partners” below).
The project will include the following activities:
a) Capacity development of the Fiery Hearts Club
b) Monitoring, documenting and reporting on cases of torture and ill-treatment in Uzbekistan;
c) Provision of legal aid and counsel to victims of torture seeking national and international remedies, including by submission of individual communications to relevant UN bodies;
d) International advocacy with a focus on the United Nations, the Organization for Security and Cooperation in Europe and the European Union;
e) Awareness raising about torture violations in Uzbekistan both nationally and internationally with the purpose of strengthening a network of NGOs and human rights friendly citizens to counteract torture in the country;
(a) Capacity development of the Fiery Hearts Club
Description:
FHC currently operates thanks to the tireless dedication of its director and relies extensively on the support of volunteers and an informal network of human rights activists and journalists. Currently, the organization is operating without fundamental operational needs, such as office space, consistent technical support and basic equipment. It also lacks permanent staff members who work on a regular basis on program and organizational issues.
Due to these institutional challenges, FHC is limited in its ability to efficiently and systematically meet the needs of its beneficiary groups. Although the organization has extensive experience in a range of areas, a lack of sustained support has prevented it from taking full advantage of the skills and knowledge of its network of experts. This project will address short and long term needs of the organization based on the initial assessment conducted by project partners, namely the demand for enhanced management capacity, diversified sources of funding, and sustainability of the organization.
Through this activity FHC will obtain high quality training, tailored to its specific needs, in areas including organizational management, financial management, fundraising development, developing an advocacy strategy and others areas as needed. FHC will also build its team by engaging qualified, experienced professionals (positions described below).
FHC will complement these activities by establishing a professional Board of Directors comprised of relevant experts and invested parties which will be able to engage in strategic planning activities for the organization and maintain oversight of FHC’s various activities.
The systematization and enhancement of FHC’s institutional capabilities will enable the organization to continue playing an active role in the human rights network concerned with issues related to torture in Uzbekistan. It will also provide sustained support to human rights defenders working inside Uzbekistan by ensuring adequate compensation for the work they undertake. This in turn may lead to a greater involvement by young activists, contributing on the long term to the creation of a new generation of defenders in the country.
The knowledge and capabilities gained through this project will allow FHC to begin to formalize existing network alliances and set the groundwork for the creation of a more formal coalition to combat torture and impunity in Uzbekistan and Central Asia. Such an alliance will enable collective outreach to external organizations such as Amnesty International, Human Rights Watch and FIDH at strategic moments in order to bolster certain dimensions of their mandates, such as awareness raising and advocacy.
The main implementing partner, International Partnership for Human Rights, will act in a consultative capacity to provide consistent support to FHC in building the capacities of its staff.
Outputs:
Consultations/Training on organization management;
Consultations/Trainings on financial management and reporting to donors;
Donors mapping and development of a strategy to broaden funding basis;
Development of an advocacy strategy;
Establishment and strengthening of Board of Directors; initiation of strategic planning process;
Strengthening and systematization of existing network alliances with a view to the establishment of a formal coalition
(b) Monitoring, documenting and reporting on cases of torture
Description: FHC and its project partners will monitor, document and report on cases of torture and ill-treatment in Uzbekistan to both national and international stakeholders.
FHC’s local contacts, as well as Ezgulik and its regional branches will be actively engaged in monitoring and documentation activities. Project partners will also interact with other local networks in the conduct of monitoring. Due to the particularly severe lack of transparency within the Uzbek government, access to official documents is highly restricted and problematic. As part of its information gathering strategy, members of FHC’s network active in Uzbekistan will officially request such information from authorities and governmental institutions, in addition to gathering information through informal channels.
Monitoring will be conducted through interviews with victims and their families, contacts with other NGOs, reviews of law-making and the implementation of laws, and reviews of traditional and social media material. Particular attention will be paid to vulnerable groups such as journalists, human rights defenders and political prisoners.. Observers will also monitor issues concerning access to detention facilities by lawyers and families of detainees.
As reference, monitors will use international standards in this area (especially the ICCPR and the Convention against Torture) and recommendations from UN human rights bodies, including the Human Rights Committee, the Committee against Torture, the Special Rapporteur on Torture and recommendations made in the context of the Universal Periodic Review.
On the basis of the information collected through monitoring, FHC and its partners will prepare and publicize press-releases, urgent appeals and reports.
The written outputs will be used for advocacy and awareness-raising, in particular at the international level, but also when relevant and feasible, to reach out directly to national level authorities with requests to address the issues documented.
FHC will take the lead on the preparation of written outputs, engaging its project team, as well as journalists affiliated with its website, to draft press releases and urgent appeals. Ezgulik and other human rights groups within FHC’s network will provide input on material prepared on the basis of its monitoring findings. IPHR will assist FHC with the development/revision of specific publications targeted at international actors as part of their cooperation on international advocacy (see more below).
Outputs: The following written outputs are foreseen:
Four annual press-releases/urgent appeals on torture issues in Uzbekistan, including in particular individual cases.
Annual monitoring report providing first-hand and independent information about problems of torture and ill-treatment, as well as individual cases.
Three reports specifically targeted at international bodies, including a written submission on torture issues to the annual EU-Uzbekistan Human Rights Dialogue; a report on torture issues to the UN Human Rights Committee ahead of the review of Uzbekistan (scheduled for July 2015); and a follow-up report on the implementation of the Concluding Observations and Recommendations of the UN Committee against Torture addressed to Uzbekistan in November 2013.
(c) Legal aid and counsel to torture victims
Description: FHC will provide legal aid to victims of torture and their families; the organization will engage qualified lawyers to provide counsel to victims of torture with the aim of seeking compensation and rehabilitation for victims and their families, and bringing an end to the impunity of perpetrators, including also representation of victims in court cases.
In addition, an emergency fund will be established for the provision of urgent support to victims of torture and their families.
Legal assistance will focus on groups who are particularly vulnerable to torture and ill-treatment and their families, such as human rights defenders, journalists, political prisoners, asylum seekers abroad facing extradition and deportation back to Uzbekistan and missing persons believed to have been abducted by law enforcement agencies on politically motivated grounds. As part of this, legal aid and counsel will be provided to political prisoners who face solitary confinement and prolongation of their prison terms for alleged violations of prison regulations.
Alleged victims of torture inside Uzbekistan will receive legal aid and counsel countrywide. Lawyers from FHC will be engaged in providing legal aid and counsel to alleged victims of torture using e-mail and other internet based communications systems.
In the impossibility of accessing remedies at the national level, partners will present complaints about individual cases to the relevant UN bodies: UN Special Rapporteur on Torture, Working Group on Arbitrary Detentions, and to the Human Rights Committee. Such assistance will be provided in cases that are deemed particularly strong in terms of the merits and evidence. The lawyers of “Fiery Hearts Club” in conjunction with the project team will work on preparing individual communications.
Outputs:
Qualified legal assistance and counsel, including direct representation of their cases by defense lawyers will be provided to six individuals per year. Recipients would include those who have allegedly been subjected to torture and ill-treatment or who are at imminent risk of such treatment in Uzbekistan and/or their family members.
At least six individual communications will be submitted to the UN Human Rights Committee and the UN Special Rapporteur on Torture.
Emergency aid to the victims’ families for survival that will be dispersed for urgent needs.
(d) International advocacy
Description: Through international advocacy, the findings of the monitoring, documentation and reporting will be strategically channeled to international actors to strengthen the fight against torture in Uzbekistan. Given the limited space for civil society groups to operate in Uzbekistan and to influence the government policies, international advocacy has become a crucial element in bringing about human rights change in the country.
FHC and IPHR will continue to call the attention of the United Nations, European Union, OSCE and their member states to the widespread use of torture in Uzbekistan and call for effective measures to pressure the Uzbek government to take action in this area.
At the UN, partners will conduct advocacy in follow-up to written reports presented to UN bodies, including the planned follow-up report to the CAT and the planned report on torture issues to the UN Human Rights Committee (see above). In conjunction with the review of Uzbekistan by the Human Rights Committee in July 2015, partners will attend the Committee session in Geneva. The partners will contribute to the ongoing campaign (co-run by Human Rights Watch and Amnesty International) calling for the establishment of a Special Mechanism in the Human Rights Council with a mandate to review human rights in Uzbekistan.
As for the European Union, partners will regularly inform EU actors about developments on the ground in Uzbekistan by channeling written material prepared as part of the project to relevant contacts. They will also present their concerns in Brussels ahead of the annual EU-Uzbekistan Human Rights Dialogue by submitting written information and taking part at the pre-briefing to the Dialogue. Other bilateral meetings with the European Parliament and the External Action Service will be organized at strategic moments.
The OSCE will be targeted via its Human Dimension Implementation Meeting. Project partners and members of their network will attend this event to call the attention of OSCE member states and the Office for Democratic Institutions and Human Rights (ODIHR) to the issue of torture in Uzbekistan.
Both human rights activists from inside Uzbekistan and based in exile will take part in advocacy visits, depending on their expertise and experience. Likewise, in some cases, the participation of former torture victims and/or their family members will be facilitated.
Drawing on its extensive experience of cooperation with groups from different countries on international advocacy, IPHR will work with FHC on the realization of this activity component. Being based in Brussels, IPHR will in particular assist with outreach to EU bodies.
Outputs:
Dissemination of information on torture issues in Uzbekistan among EU, UN and OSCE contacts, as well as other representatives of the international community on a regular basis.
Advocacy in connection with the EU-Uzbekistan Human Rights Dialogue, as well as on other relevant occasions (1 visit of Uzbek activists/victims to Brussels budgeted (trips from Paris)).
Advocacy in relation to the follow-up to CAT recommendations to Uzbekistan, the UN Human Rights Committee review of Uzbekistan and to promote UN Human Rights Council action on Uzbekistan (1 visit of Uzbek activists/victims to Geneva budgeted).
Advocacy in connection with the annual OSCE Human Dimension Implementation Meeting in Warsaw (1 visit of Uzbek activists/victims to Warsaw budgeted).
(e) Awareness raising and civil society coalition-building
Description: FHC and its partners will conduct awareness-raising and publicity work to increase knowledge about the right to freedom from torture and ill-treatment and call attention to the systematic violation of this right in Uzbekistan, at the national and international level. As part of this, efforts will be made to promote the establishment of a network of NGOs and human rights friendly citizens who can support the struggle against torture in different ways.
International awareness-raising events: FHC will work with activist groups within their network to organize and conduct annual public events, such as demonstrations in different European countries to raise public awareness about torture violations in Uzbekistan. At least two public events will be organized in the two-year span in support of torture victims from Uzbekistan.
Online databases: Online databases containing detailed information about cases of torture and ill-treatment in Uzbekistan, including the alleged perpetrators and victims will be developed/updated and used as tools for awareness-raising. A database with detailed information about 30 torture cases, covering the period 1995-2014 was launched on June 26, 2014 on the occasion of the International Day in Support of Torture Victims and is planned to be updated during the project period. Additionally a data base with detailed information about 15 imprisoned civil society activists who have been subjected to torture and ill-treatment is planned to be launched on December 10, 2014 on the occasion of the International Human Rights Day.
Education for victims and their families: FHC, in collaboration with initiatives within its network, will reach out to victims of torture and their families both inside and outside Uzbekistan and to offer support and consultation to them, including by facilitating their access to legal assistance (as described above) and having their cases raised under the project. FHC will facilitate peer support initiatives to guarantee cooperation against torture and to achieve protection and justice. Such sharing of personal stories has as a powerful awareness-raising function and aids the rehabilitation process.
NGO network building: The project team will cooperate with other human rights NGOs and civil society groups both inside and outside of Uzbekistan on monitoring, reporting and advocacy under the project. This will entail exchange of information, as well as joint efforts to monitor and document developments in this area and coordinated advocacy initiatives at the international level.
Outputs:
At least 2 international-level public awareness-raising events in support of torture victims from Uzbekistan.
A data bases of 30 alleged torture cases and 15 imprisoned civil society activists with detailed information on each case documented in 1995-2014. Digital online databases/archives of FHC, Human Rights Society of Uzbekistan and “Memorial” Human Rights Center. Involvement of victims of torture (in most cases former victims) and their family members in legal awareness raising to better prepare them for standing up against torture and protect themselves from abuses.
Ongoing information exchange and cooperation with Uzbek and international NGOs working to prevent torture.
Expected impact of the project
In the short and mid-term the project will:
enhance and improve the capacity of Uzbek human rights activists and lawyers to conduct independent and timely inquiries into reported allegations of torture and ill-treatment and to communicate this information to relevant national and international stakeholders;
expose torture and other human rights abuses in the penitentiary system in Uzbekistan and increase international pressure on the Uzbek authorities to take effective measures to counteract such problems;
improve the access of victims of torture and ill-treatment in Uzbekistan to legal aid, redress and rehabilitation; and
result in increased civic consolidation and the set the groundwork for a civil society coalition against torture and ill-treatment in Uzbekistan .
In the long term, the project will improve the situation with respect to torture and ill-treatment in the criminal justice system of Uzbekistan
Target group and beneficiaries
Indicate the target group (population and/or institutions) and the beneficiaries of the activities.
The target groups of the planned activities include:
Alleged victims of torture and ill-treatment in Uzbekistan and their family members;
Imprisoned Uzbek civil society activists and other prisoners at particular risk of torture and ill-treatment;
Defendants in criminal justice proceedings, defense attorneys and family members of defendants.
Uzbek human rights activists and national and international NGOs working to counteract torture.
UN, OSCE and EU institutions.
Work Plan
Please see appendix below.
Risks
Alleged torture victims might want to withhold their names, personal identities and facts of torture or other ill-treatment from the project team and defense attorneys out of fear of further repression from law enforcement officials. Similarly, it is particularly difficult to obtain official information from Uzbek authorities. This issue will be largely overcome through informal information gathering, but may create occasional obstacles.
There is also a risk that local activists working on torture cases face increased attention and surveillance by law enforcement agencies where perpetrators work or on the order of which torture and ill-treatment was inflicted on the victim. Law enforcement agencies might take different measures aimed at preventing activists and lawyers from providing legal aid and counsel to alleged victims. The tactics they apply might include, e.g. threats targeted at activists, lawyers or the victims they represent or their family members. Lawyers may be threatened with disbarment from the bar association and activists may be obstructed from representing the victim as a public defender, etc.
To allay the fears of torture victims, secure channels of information will be used and cases will be presented anonymously when necessary for safety reasons. The project partners will focus on working with victims who are open to such cooperation. Activists and lawyers involved in the project will apply relevant security measures in their work and, if necessary, support and assistance will be urgently mobilized.
Partners
In its role as applicant, the International Human Rights Association (IHRA) “Fiery Hearts Club” (FHC) will coordinate the project and have overall responsibility for its implementation. FHC will take the lead on the implementation of the different project activities described above, cooperating closely with its broad network of activists and journalists in Uzbekistan and other countries. In addition, it will cooperate with its main project partner, International Partnership for Human Rights.
Brussels-based IPHR will assist FHC with communicating findings of monitoring and documentation undertaken as part of the project to international actors, including in particular the EU, but also the OSCE and the UN. This will include assistance with channeling information on torture issues to key contacts, conducting advocacy at strategic timing and compiling/revising written material used for joint advocacy efforts.
In addition to facilitating international advocacy, IPHR will also provide support by sharing its experience and strengthening the capacities in different areas. IPHR will assist FHC in the editing of English-language materials; drafting, editing and providing guidance to FHC staff in the preparation of petitions to international bodies; editing and guidance in the preparation of reports, etc. IPHR will also be closely involved in capacity building of FHC. It will maintain a consultative role throughout the project implementation period to conduct and facilitate training events as necessary.
IPHR was founded as a non-profit organization in 2008 with a mandate to empower local civil society groups and assist them in making their concerns heard at the international level. IPHR works together with human rights groups from different countries on project development and implementation, research, documentation and advocacy. Its team members have long-term experience of human rights work at the international level. Several members previously worked for the International Helsinki Federation for Human Rights and cooperated with human rights groups from across Europe, Central Asia and North America on the preparation of publications and the conduct of advocacy within the framework of that organization.
Since its establishment, IPHR has carried out a number of projects aimed at assisting local human rights groups with respect to engagement with the international community. Several projects of the organization have had a focus on Central Asia. Currently IPHR implements a one-year OSF-funded project aimed at promoting enhanced international awareness and action on issues concerning the protection of fundamental rights in Central Asia and is an international partner in two EU-funded projects on this region, where its major role is to coordinate international advocacy activities. One of the EU-funded projects is aimed at promoting freedom from torture in Kazakhstan and Tajikistan through close cooperation with the NGO coalitions against torture in these two countries.
In the implementation of the project, FHC and IPHR will also cooperate with other national and international NGOs and individual human rights defenders who are working on problems of torture and ill-treatment in Uzbekistan and other parts of Central Asia. These will be invited to participate in the informal civil society coalition against torture in Uzbekistan that the project seeks to put in place.
Media Strategy
Press releases and other written outputs prepared as part of the project will be systematically distributed in English and Russian among international and independent regional media. In this way IHRA “Fiery Hearts Club” and its partners will seek to encourage media coverage of issues raised under the project. Previously, media outlets such as the New York Times, Voice of America, BBC, and the Associated Press have cited reports written by the organization.
In addition, FHC will post written material prepared as part of the project on its website www.jarayon.com and promote them through the organization’s social media accounts.
IPHR will likewise post and promote project publications on its website and social media accounts and assist with media outreach, as relevant.
Publications
As described in the activities section above, the following publications and materials will be prepared as part of the project:
At least 8 press-releases/urgent appeals on torture issues in Uzbekistan, including in particular individual cases.
At least 2 monitoring reports providing first-hand and independent information about problems of torture and ill-treatment, as well as individual cases, including the cases of asylum-seekers at risk of deportation in violations of the non-refoulement ban and abducted individuals.
Three reports specifically targeted at international bodies, including a written submission on torture issues to the annual EU-Uzbekistan Human Rights Dialogue; a report on torture issues to the UN Human Rights Committee ahead of the review of Uzbekistan (scheduled for July 2015); and a follow-up report on the implementation of the Concluding Observations and Recommendations of the UN Committee against Torture addressed to Uzbekistan in November 2013.
An updated database of 30 alleged torture cases and a new database on 15 imprisoned civil society activists with detailed information on each case documented in 1995-2014;
Digital online archives of the Club, Human Rights Society of Uzbekistan and “Memorial” Human Rights Center.
Conferences
Project Coordinator – FHC: The Project Coordinator will oversee the overall implementation of the action in its substance and management aspects.
Project Officer – FHC: The Project Officer will assist the Project Coordination in the implementation of the action. S/he will be responsible for contacting partners, preparing written material and facilitating other practical arrangements where necessary.
Legal Expert – FHC: The Legal Expert will advise the project team on the legal dimension of the project through legal analysis and identification of lawyers for specific cases.
Press Officer – FHC: The Press Officer will be responsible for the management of the Jarayon website and promotion of project publications through other medias, including social media.
Financial Manager/Accountant – FHC: The Financial Manager will register, track and oversee expenses of the project, being responsible for the adequate documentation of disbursements and the preparation of financial reports to donors.
Project Manager – Uzbekistan: The Project Manager inside Uzbekistan will coordinate the project network inside the country, contributing to the Legal Aid, Monitoring and Documentation.
Monitoring Officers – Uzbekistan: The Monitors will collect first-hand information on allegations of torture via interviews with victims and collection of other relevant material.
Accountant – Uzbekistan: The Accountant in Uzbekistan will collect financial documents inside the country.
Lawyer – Uzbekistan: The Lawyer will coordinate the Legal Aid Dimension of the project.
International Advocacy Director – IPHR: The International Advocacy Director will coordinate IPHR involvement in the project, namely on publications, advocacy and capacity building. She will also be engaged in advising FHC on organizational development issues.
Project Officer – IPHR: The Project Officer will work on international advocacy and project management with FHC.
Publications Consultant – IPHR: The Publications Consultant will work with the FHC on revision/development of UN/EU HRD reports, selected press releases, appeals etc. She will also be engaged in dissemination/website/social media work on project issues and review of FHC narrative reports to the donor
Monitoring and Evaluation
The evaluation of the present project proposal will include both “process” and “impact” evaluation components:
In process evaluation the project team asks whether the basic activities that were scheduled to take place during the grant project have occurred. The process evaluation indicators here will be accomplishment of the project activities outlined above in the present project proposal {e.g. have the intended policy papers been created; have the monitoring activities been carried out; have the alleged torture victims received legal counsel and aid; have the intended project materials been publicized; have the project executors prepared intended shadow reports and etc.} It also assesses whether or not the project executors reached the intended audience. Additionally, if the project does not work out as expected, a process evaluation will enable the applicant to assess whether the project suffered from poor project design versus poor project implementation, or both. The process evaluation will also address what factors caused the applicant’s project to be implemented differently than planned, or not implemented the same way at all; how might those factors be addressed. The process evaluation will be conducted in month 9of the project to enable learning to be utilized in the second phase of the project.
An impact evaluation of the applicant’s project goes beyond the questions of whether or not the project executors carried out the main activities of the project as planned and reached the intended target audiences. Instead, the impact evaluation tries to assess the impact of the project on the audience. During the impact evaluation the following questions with regard to the applicant’s project will be answered:
– How well did the project achieve its goals and objectives?
– Who benefited most from the project, or what components of the project had the greatest impact?
– Are there longer-term effects that are important to measure?
– Did the project have unintended consequences, positive or negative?
– What was learned that would inform future interventions or similar projects on the selected issue?
The impact evaluation will be undertaken in month 22 of the project to enable the final evaluation to be ready for the closing of the project. Evaluation input by the main target group will be sought through follow-up with individuals whose cases have been addressed under the project.
Sustainability
The proposed project will form part of a long-term work strategy of FHC and its partners. It will build on many years of earlier human rights work and will allow for devoting increased attention to torture issues both during and beyond the project’s implementation period. Over the two years, the project will build institutional capacity of FHC and will lay the foundation for the establishment of an anti-torture coalition for Uzbekistan to maintain international attention on the issues of torture and ill-treatment. This project will also help to attract other funders to this work.
Additionally, public outreach on the project issues will be maintained by corollary initiatives, such as the FHC Student Movement, and activists within the FHC’s network, all of which will have gained momentum and support through the enactment of the proposed activities.
Prior to the conclusion of the project and based upon the evaluation of the project’s successes, implementing partners will collaborate to discuss a strategy for sustaining the positive changes. Additional and/or new activities will be identified along with a fundraising plan. Prevention of torture and aiding torture victims has been one of the longest-lasting and successful programs of IHRA “Fiery Hearts Club”. The organization has developed solid human and programmatic resources and partnership networks to work on torture prevention and assisting victims of this type of abuse.
Funding
The project budget is submitted in an Excel document.
Appendix 2: Workplan
Goal: Visible progress on the prevention and eradication of torture and ill-treatment in Uzbekistan, as well as on ending impunity for perpetrators.
Objectives (Outcomes): Developments concerning torture and ill-treatment in Uzbekistan documented and reported on an ongoing basis.
Indicators: Capacity of Uzbek human rights activists and lawyers to conduct independent and timely inquiries into reported allegations of torture and ill-treatment and to communicate this information to relevant national and international stakeholders will be enhanced and improved
Outputs (deliverables): At least 8 press-releases/urgent appeals on torture issues in Uzbekistan, including in particular individual cases. At least 2 monitoring reports providing first-hand and independent information about problems of torture and ill-treatment, as well as individual cases
Three reports specifically targeted at international bodies, including a written submission on torture issues to the annual EU-Uzbekistan Human Rights Dialogue; a report on torture issues to the UN Human Rights Committee ahead of the review of Uzbekistan (scheduled for July 2015); and a follow-up report on the implementation of the Concluding Observations and Recommendations of the UN Committee against Torture addressed to Uzbekistan in November 2013.
Activities: Monitoring, documentation and reporting on torture and ill-treatment in Uzbekistan, including individual cases to both national and international stakeholders.
Interview with victims and their families, contacts with other NGOs, reviews of law-making and the implementation of laws, and reviews of traditional and social media material.
Preparing and publicizing press-releases, urgent appeals and reports.
Timeline: August 2014 – August 2016
Objectives (Outcomes): Victims of torture and ill-treatment in Uzbekistan assisted in seeking redress.
Indicators: Victims of torture and ill-treatment in Uzbekistan will get improved access to legal aid, redress and rehabilitation and be able to address their matters to available national and international remedies
Outputs (deliverables): At least 12 individuals who allegedly have been subjected to torture and ill-treatment or who are at imminent risk of such treatment in Uzbekistan and/or their family members will receive qualified legal assistance and counsel, including direct representation of their cases by defense lawyers.
At least 12 individual communications will be submitted to the UN Human Rights Committee and the UN Special Rapporteur on Torture. This will include submissions in cases of asylum seekers facing extradition and missing persons.
Activities: Providing legal aid to victims of torture and their families, including direct representation of victims in court cases.
Timeline: August 2014 – August 2016
Objectives (Outcomes): Improved outreach to the international community for mobilizing effective responses to problems of torture and ill-treatment in Uzbekistan.
Indicators: Torture and other human rights abuses in the penitentiary system in Uzbekistan will be exposed and cause increased international pressure on the Uzbek authorities to take effective measures to counteract such problems
Outputs (deliverables): Dissemination of information on torture issues in Uzbekistan among EU, UN and OSCE contacts, as well as other representatives of the international community on a regular basis.
Advocacy in connection with the EU-Uzbekistan Human Rights Dialogue, as well as on other relevant occasions (1 trip of Uzbek activists/victims to Brussels budgeted (trips from Paris)).
Advocacy in relation to the follow-up to CAT recommendations to Uzbekistan, the UN Human Rights Committee review of Uzbekistan and to promote UN Human Rights Council action on Uzbekistan (1 trip of Uzbek activists/victims to Geneva budgeted).
Advocacy in connection with the annual OSCE Human Dimension Implementation Meeting in Warsaw (1 trip by Uzbek activists/victims to Warsaw budgeted).
Activities: Calling attention of the United Nations, European Union, OSCE and their member states to the widespread use of torture in Uzbekistan and call for effective measures to pressure the Uzbek government to take action in this area.
Conducting advocacy in follow-up to written reports presented to UN bodies, including the planned follow-up report to the CAT and the planned report on torture issues to the UN Human Rights Committee (see above).
Attending the UN Human Rights Committee July 2015 session in Geneva.
Contributing to the ongoing campaign calling for the establishment of a Special Mechanism in the Human Rights Council with a mandate to review human rights in Uzbekistan.
Regularly informing EU about developments on the ground in Uzbekistan by channeling written material prepared as part of the project to relevant contacts.
Presenting concerns over human rights situation in Uzbekistan ahead of the annual EU-Uzbekistan Human Rights Dialogue by submitting written information and taking part at the pre-briefing to the Dialogue.
Attending the annual OSCE Human Dimension Implementation Meeting and calling attention of OSCE member states and the Office for Democratic Institutions and Human Rights (ODIHR) to the phenomenon of torture in Uzbekistan.
Timeline: Sept/Oct2014 – July 2016
Objectives (Outcomes): Increased public awareness about the widespread use of torture in Uzbekistan and the establishment of an informal civil society coalition against torture in this country.
Indicators: The project will contribute to civic consolidation and the formation of an informal civil society coalition against torture and ill-treatment in Uzbekistan
Outputs (deliverables): At least 2 international-level public awareness-raising events in support of torture victims from Uzbekistan.
A data bases of 30 alleged torture cases and 15 imprisoned civil society activists with detailed information on each case documented in 1995-2014;
Digital online archives of the Club, Human Rights Society of Uzbekistan and “Memorial” Human Rights Center.
Involvement of victims of torture (in most cases former victims) and their family members in legal awareness raising to better prepare them for standing up against torture and protect themselves from abuses.
Ongoing information exchange and cooperation with Uzbek and international NGOs working to prevent torture.
Activities: Organizing and conducting two international awareness-raising events, such as demonstrations in different European countries to raise public awareness about torture violations in Uzbekistan.
Creation and launching of online databases containing detailed information about cases of torture and ill-treatment in Uzbekistan, including the alleged perpetrators and victims.
Preparation of a database with detailed information about 30 torture cases, covering the period 1995-2014 and launching on June 26, 2014 on the occasion of the International Day in Support of Torture Victims.
Creation of a data base with detailed information about 15 imprisoned civil society activists who have been subjected to torture and ill-treatment and launching it on December 10, 2014 on the occasion of the International Human Rights Day.
Reaching out to victims of torture and their families and offering support and consultation to them, including by facilitating their access to legal assistance (as described above) and having their cases raised under the project.
Providing a peer support group for cooperation against torture and for achieving protection and justice.
Cooperating with other human rights NGOs and civil society groups both inside and outside of Uzbekistan on monitoring, reporting and advocacy under the project, exchange of information, as well as joint efforts to monitor and document developments in this area and coordinated advocacy initiatives at the international level.
Timeline: August 2014 – August 2016
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