The international community must force the government of Uzbekistan to respect the human rights laws

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The International Human Rights Organization “Fiery Hearts Club”, Coordination Council of the Civil Society “Alternative Uzbekistan”, Public Council “Service of the Fatherland” call the government of Uzbekistan and the international organizations to pay attention to the current human rights situation in Uzbekistan.

The news of Islam Karimov’s illness was widely discussed in Uzbekistan as well as abroad. For some time the government did not provide any information regarding the president’s health, which, in turn, provoked growing tension in the country.

Karimov had remained in power for 27 years. Young people who were born and raised during his rule comprise the majority of the 32-million population. Many of these young people cannot imagine their life without Karimov and are therefore panicking.

Some of the victims of this regime, who are deeply distressed by the news of Karimov’s death, are now suffering from Stockholm Syndrome. Campaigns in support of the dictatorial regime in Uzbekistan as well as against it have been launched on the Internet.

Following the 27 years of Islam Karimov’s ruling, Uzbekistan acquired the reputation of a country, where the practice of brutal torture is commonplace; a corrupt state, where human rights are grossly violated; a country that has no freedom of speech or expression and where Islam is persecuted as an extremist religion. After the death of Islam Karimov, the idea that he provided peace and security for those who trusted him was confirmed.

In reality, the Karimov family was known around the world for their corruption and embezzlement of the wealth of the Uzbekistani people. But Karimov couldn’t take those assets into his grave; he left them to his children and grandchildren, having moved them to offshore financial companies.

Having learned about the death of Islam Karimov, we all experienced a sense of emptiness because it was unclear what would happen to the country: Will the dictatorship continue, or will the country take steps towards democracy?

Islam Karimov committed several crimes for which he personally should have faced trial, but, sadly, now this will never happen.

For example, on February 20, 1990, tragic events occurred in the towns of Buka and Parkent, when the special forces soldiers opened fire on crowds of protesters.

Another example: On January 16, 1992, in Tashkent, students gathered on campus for a spontaneous protest against rising bread prices. The militia opened fire into the crowd killing several students.

Also, on February 16, 1999, several explosions occurred in Tashkent, which, as was discovered later, were orchestrated by the Uzbekistani Intelligence Service. This event marked the beginning of repression in the name of war on religious extremism and terrorism.

Last example: On May 13, 2005, authorities were responsible for the massacre during a mass rally in Andijan. Without Islam Karimov’s approval, no Uzbekistani government official would ever dare to order a mass murder of protestors, the majority of which were women, children, and elderly.

Islam Karimov was the only president in the world who was pronounced a dictator by the French court’s ruling. According to the Paris court’s decision, when the dictator’s daughter, Lola Karimova, brought legal action against the French magazine RUE 89, the judge ruled that it was acceptable to refer to Islam Karimov as “dictator”.

We were hoping that following the death of Islam Karimov the Uzbekistani government would take a step towards democracy. However, on September 8, at the joint session of the Legislative Chamber and the Senate, Oliy Majlis (the upper and lower houses of parliament), Prime Minister of Uzbekistan Shavkat Mirzlyoyev was appointed Acting President.

This appointment was unconstitutional: Under Article 96 of the Constitution of Uzbekistan, if the President is unable to carry out his duties, then Nigmatilla Yuldoshev, Chairman of the Senate, was to be appointed as Interim President until the elections. However, he “turned down” the post.

But even in this case, the Constitution requires that another Acting President be elected. Instead, following Nigmatilla Yuldoshev’s proposal, Prime Minister Shavkat Mirzlyoyev was appointed Interim President. Unfortunately, this shows that Uzbekistan is following in the footsteps of Turkmenistan.

Had Chairman of the Senate Nigmatilla Yuldoshev been appointed Interim President, this could have proved that Uzbekistan was now honoring the laws and the Constitution. Instead, the current events show the opposite.

With today’s unconstitutional act on the part of the Uzbekistani government, all hope for free elections has vanished. It should be noted that not only the people of Uzbekistan but also the international community are widely discussing Shavkat Mirzlyoyev becoming the next president.

The presidential elections in Uzbekistan are scheduled for December 4, 2016, while the Central Elections Commission has announced the launch of the election campaign on September 9. Acting President of Uzbekistan Shavkat Mirzlyoyev has announced six key elements of his National Development Plan, none of which included human rights or democracy.

Unfortunately, there is no democratic opposition either in Uzbekistan or in the West. A few individuals who are considered opposition by the government cannot participate in the presidential elections. After the death of Islam Karimov the civil activists of Uzbekistan living in exile were hoping for positive changes in the country, and that’s why we have prepared our proposal and address to the new government.

Despite the difficult situation in the country, after the death of Islam Karimov the exiled civil activists will try to return to their country to actively engage in Uzbekistan’s political life. At a time of economic and political crisis we want to stand with our people.

In the process of transforming the dictatorship in Uzbekistan, we don’t want the society to face such social disasters as state collapse, general chaos, terrorism, poverty, and famine. We believe that the only way forward for Uzbekistan is democracy, freedom, and pluralism, and these goals must be achieved through peaceful, stable, and consistent means.

We have never supported any radical forces. Quite the opposite: we have condemned ISIS and other similar groups. And we will continue to consistently condemn extremist ideas and to oppose any display of extremism, xenophobia, aggressive nationalism, racism, or any other phenomena that undermine human dignity. We stand for the strengthening of democratic values and institutions in the Uzbekistani society.

On behalf of the Public Council “Service of the Fatherland” founded after the death of Islam Karimov, we, the civil activists living in exile, have authored an address to the Uzbekistani government. This address contains a proposal of the Coordination Council of the Civil Society “Alternative Uzbekistan”. The creation of the Council was initiated by activists from the International Human Rights Association the “Fiery Hearts Club” in the wake of the 2015 presidential elections in Uzbekistan.

We were forced to leave the country due to political repression, but now, when the new Uzbekistani government begins its term, we, members of a civil society, want to participate in the implementation of political, economic, social, cultural and other programs, and, most importantly, of a human rights and freedoms protection program.

To that end, the Uzbekistani government should take the following steps:

Drop criminal charges against all social activists of Uzbekistan, as well as restore Uzbekistani citizenship to all activists, who were stripped of their citizenship by court. Reinstate full rights of Uzbekistani citizens living abroad. We support a constructive dialog with the Uzbekistan government.

We address this statement not only to the Uzbekistan government, but also to the OSCE, the UN, and other international institutions, so that they obligate the Uzbekistan government to encourage democracy and improve the human rights situation. We propose the following initial key steps:

To Acting President Shavkat Mirzlyoyev, the deputies of Oliy Majlis and the Senate, the members of the Cabinet of Ministers of the Republic of Uzbekistan

P R O P O S A L

 Ensure the rule of law in the Republic of Uzbekistan, declare amnesty, and put an end to the practice of torture

  1. The first step towards democratic reforms is adherence to the main law of the state – the Constitution and to other laws, normative legal documents, as well as international treaties signed by the government of the Republic of Uzbekistan. To monitor compliance with the law, public control should be instituted;
  1. Declare amnesty and immediately release from prison persons convicted under various articles of the Criminal Code of the Republic of Uzbekistan on political and religious grounds, as well as other wrongfully convicted persons and victims of torture; set up a special national committee for their healthy recovery and full reintegration into the society; the members of this committee should be of diverse background. 

Also:

a) Acknowledge the systematic practice of torture in the country and follow the recommendations of the 2003 Report of UN Special Rapporteur on the question of torture Theo van Boven, and announce the government’s decision to shut down the Jaslyk Prison Camp;

 b) Set up a special national committee, consisting of human rights advocates and other civil activists, that would examine the files of political and religious prisoners, victims of political repression and torture, persons who died as a result of torture, during interrogation and while under investigation and in prison, victims of unfair trials and kidnappings, as well as deported persons and persons extradited from various countries, victims of illegal and forced kidnappings during the period of independence, whose fate remains unknown to this day.

 This committee will review the criminal cases of persons who were wrongfully convicted and sentenced to long terms in prison on political and religious grounds. This committee will have to release them immediately; it will have to review their criminal cases and establish compensation for moral and material harm for persons jailed by unjust court decisions, persons who lost their health, victims of torture while under investigation and in prison, victims of political repression, as well as relatives of persons who died as a result of torture while under investigation and in prison camps.

The activities of this committee must be open and transparent.

c) Halt criminal proceedings of a political nature against Uzbekistani citizens abroad, restore citizenship to persons whose citizenship was revoked by court, draw upon all available resources for bringing them back to the country;

d) Take first steps towards introducing changes into the Criminal Code and the Penal Enforcement Code to eliminate Article 221 from the Criminal Code (“Disobeying the lawful demands of the administration of a correctional facility”) and Article 105 from the Penal Enforcement Code (“Disciplinary measures”). These articles have become the source of widespread practice of torture; they apply mainly to political and religious prisoners. Putting an end to the practice of torture is a priority which will introduce changes into the Criminal Code of the Republic of Uzbekistan;

e) Implement all UN reports and resolutions on recognizing persons as victims of torture, unfair trials and unlawful detentions, which the Uzbekistan government has not been following until now. Consider the issue of persons and so-called “stoolpigeons” and prosecute them for the crimes they committed, for their involvement in the practice of torture or for their silence, which contributed to the spread of the practice of torture in the country;

f) Open the country to UN Special Rapporteurs; immediately consider and implement all of their recommendations to the Uzbekistan government; allow international human rights organizations and international media to carry out their work within the country and create normal working conditions for them; demand to resume the practice of prison visits in Uzbekistan by representatives of the International Red Cross Committee.

 Hold fair and transparent presidential elections in Uzbekistan

a) Allow dissidents who left the country at various times because of the regime’s repressive policies to return to Uzbekistan, and restore their rights. Engage politically active individuals, who live in Uzbekistan and who have been excluded from politics as a result of repression, in the political process in the country;

b) Given the grave socio-economic situation in the country, begin a dialogue with human rights activists and journalists dealing with human rights issues; conduct an impartial investigation of cases and facts they cover as well as ensure prosecution of the responsible persons;

c) Utilize all available resources for bringing back to Uzbekistan labor migrants who were forced to live abroad, in order to create jobs. Create favorable conditions for entrepreneurs in Uzbekistan and abroad, and ensure freedom of enterprise in the country.

III. Create ample democratic opportunity for freedom of speech and expression

a) Enforce government laws to deter any forces or actions hindering free and impartial work of the media that covers the topic of thriving corruption and other crimes, as well as threatening the life of journalists or interfering with their professional activities;

b) to give a legal assessment by law enforcement officials on the results of the investigative reporting covered in the media, and to take immediate legal action against those responsible;

c) to give a legal assessment of the law enforcement agencies’ actions about prosecuting of journalists who covered in the media investigations criticizing local authorities, and to take immediate legal action against those responsible.

Ensure freedom of religion in the country

Article 31 of the Constitution of the Republic of Uzbekistan states: “Everyone shall have the right to profess or not to profess any religion. Any compulsory imposition of religion shall be impermissible.”

However, over the past 25 years of the country’s independence this article has not been honored. Everyone knows that Sunni Muslims following Khanafi teachings enjoyed freedom of religion in Uzbekistan, while Muslims from other schools and mazkhabs were persecuted. We believe that the new government of Uzbekistan must not repeat those mistakes.

Representatives of all religious confessions must be granted equal rights. The state and the government must not decide which mazkhab the people should follow.

Carry out economic and market reforms, grant people freedom of movement

The post-Soviet authorities of Uzbekistan deliberately kept the following elements of the Soviet political system:

1) the institution of “propiska” (residence registration system), whose basic idea is to rigidly tie people to their permanent place of residence;

2) the institution of “OVIR” (the visas and registration department);

3) inconvertibility of national currency

Any state that adopts the institution of “propiska” is considered a police state. “Propiska” is the main barrier to the development of a market economy because it severely restricts free movement of people and goods, and at the same time is a source of the corruption of government officials. Today the institution of “OVIR” exists in only two states: North Korea and Uzbekistan, which clearly demonstrates the extremely authoritarian nature of these two political systems.

Uzbekistan national currency – the Uzbekistani som – introduced in 1994 to this day remains inconvertible. There are two tiers of exchange rate in the country: (a) the one set by the Central Bank of Uzbekistan, and (b) the one set by the so-called “black market”, which caused the Uzbekistani currency to depreciate by over 1,100 times in 22 years. It is well-known that no economy in the world was ever successful if the country had a double exchange rate, and therefore Uzbekistan is considered one of the world’s most backward economies.

The Uzbekistani authorities have outstripped even the former USSR on two counts. Namely, early in 1991, 3-metre tall and thick fortified walls with a solid concrete foundation were erected around all government buildings, from the residence of Head of State to district police stations, and also around airports, railway stations, and banks. Next to each “cage” there was a militia checkpoint. Anyone willing to meet with a government official in that building had to register at the checkpoint, with the militiaman entering in a special journal his or her passport details.

Checkpoints with concrete roadblocks appeared on all roads, from major state highways to local routes, which prevented free passage of vehicles. Checkpoints had militia squads on round-the-clock duty. Pillboxes were built next to some checkpoints. According to experts, even a state of war in a country does not warrant so many militia checkpoints.

The absurdity of such measures on the part of the post-Soviet Uzbekistani authorities was evident, and many people saw that. The only ones who still don’t realize this are the Uzbekistani authoritarian powers themselves. The Post-Karimov government should no doubt dispense with the institutions of “propiska” and “OVIR”, introduce convertible national currency, remove all iron walls around buildings and all checkpoints on the roads.

We believe that these roposals should be put forward to the Uzbekistani administration not only by the representatives of the Uzbekistani Civil Society, but also by the international community and international organizations.

International Human Rights Organization
the “Fiery Hearts Club”

Coordination Council of the Civil Society
“Alternative Uzbekistan”

Public Council “Service of the Fatherland”

Contact details:

Mutabar Tadjibaeyeva
Founder – Chairwoman
of IHRO “Fiery Hearts Club”

e-mail: [mutabartadjibaeva@gmail.com]
Phone: +33679233927
Skype: Mutabar Tadjibayeva

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