Turkmenistan: Conviction of Opposition Leader Condemned

(New York, December 31, 2002)--The conviction and sentencing of Turkmen opposition leader and former foreign minister Boris Shikhmuradov showed no regard for fundamental due process rights, Human Rights Watch said today. Shikhmuradov was charged with the November 25 assassination attempt against President Saparmurat Niazov. The verdict was handed down four days after Shikhmuradov's arrest on December 25.

According to a pro-governmental Turkmen website, www.turkmenistan.ru, on December 29 the Supreme Court sentenced Shikhmuradov and three exiled opposition leaders to the maximum 25 years of imprisonment an attempted assassination and coup attempt. The next day, the Halk Maslikhat, Turkmenistan's supreme representative body, increased the sentences to life imprisonment, citing a new measure for those found guilty of treason.

"Shikhmuradov deserves a fair trial," said Elizabeth Andersen, executive director of Human Rights Watch's Europe and Central Asia division. "Moreover, having the representative body, rather than a court, sentence a defendant is an unthinkable violation of due process rights. The Turkmen authorities should ensure a new trial that will observe all international standards." On November 25 gunmen opened fire on President Niazov's car as he was on his way to the presidential palace. Niazov was unharmed; and one person was seriously injured.

Shikhmuradov is the former foreign minister of Turkmenistan and leader of the exiled People's Democratic Movement of Turkmenistan. He has lived in exile since November 2001. Turkmen secret police arrested him on December 25, 2002 in the capital Ashgabad. Shikhmuradov claims he had been in the country since September to plan and lead a civil disobedience movement.

The three convicted in absentia were Saparmurat Yklymov, the former deputy minister of agriculture; Khudaiberdy Orazov, the former head of the Central Bank of Turkmenistan; and Nurmukhamed Khanamov, a former ambassador to Turkey.

No information is available about the December 29 Supreme Court proceedings; past court proceedings in political cases have been little more than show trials.

"Turkmenistan is one of the most repressive countries in the world," Andersen said. "We've seen in the past how dissidents have been tortured and sentenced to long prison terms in show trials. The judiciary, like all other government agencies, is entirely dependent on the president."

On December 28 Turkmen television aired Shikhmuradov's "confession," in which he admitted to organizing the assassination attempt and using narcotics, and disavowed the opposition movement as a group of "bandits." He also called Niazov a "gift to the Turkmen people." Those who have seen the broadcast said that Shikhmuradov was clearly reading a prepared text.

Human Rights Watch dismissed the confession as a Stalinist relic. "There is little doubt that the text of Shikhmuradov's 'confession' was dictated to him," said Andersen. "Sadly, it's common in Turkmenistan for the authorities to extract confessions through torture or by threatening suspects' relatives."

Police arrested Shikhmuradov's brother, Konstantin, on December 7, accusing him of making a death threat to a man who allegedly owed him money. He has not had access to a lawyer. Another relative is wanted on suspicion of alleged collusion in the assassination attempt. Police and security agents have persistently threatened other family members.

Just after the assassination attempt police arrested Amanmukhamed and Orazmamed Yklymov, brothers of Saparmurat Yklymov. On December 24 they arrested another brother, Yklym Yklymov. Others have been detained or harassed.

Turkmenistan officials say they have arrested 48 people in relation to the assassination attempt.

"Those detained are in immediate danger of torture," said Andersen. "The international community should insist that they be given immediate access to counsel and be granted other due process rights. Diplomats in Ashgabat should also insist on visiting them in custody."

Human Rights Watch also called on the international community to monitor all forthcoming trials.