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Ongoing Torture

The ultimate measure of Uzbekistan’s progress on torture reform is a fundamental change in law enforcement practices, a reduction in credible reports of torture, and accountability for perpetrators of torture. Despite efforts at reform, through the National Action Plan and other changes, torture continues in Uzbekistan and the culture of impunity has not changed.

Human Rights Watch’s Tashkent office has documented credible allegations of torture and ill-treatment against detainees and prisoners in the two years since the Special Rapporteur’s recommendations. Torture victims and their relatives also report to Human Rights Watch that their efforts to pursue accountability for perpetrators and justice for victims go unresolved. In trials monitored by Human Rights Watch, judges continue to show indifference to allegations of torture and accept evidence allegedly gained under torture without conducting meaningful inquiries. Human Rights Watch regularly receives reports from defense attorneys who do not have timely access to their clients, a critical safeguard against illegal interrogation methods. Detainees who have been subject to arbitrary arrest remain at the mercy of the arresting agency and investigators without the right to appeal to an independent judicial body, which could protect them from torture and ill-treatment.

Police and security agents arrested Bakhtior Muminov, a religious Muslim, on March 29, 2004, on suspicion of connection to recent terrorist violence. The officers claimed that they needed to question him and that he would return home within two hours. They did not present any identification, warrant or subpoena. Two days later officers told the family that Muminov had been “tried” and was being held in the basement of the police station for five days to serve his sentence. After two more days, plainclothes officers detained Muminov’s brother, Abdumanob at his home, saying he could see Bakhtior. Officers held Abdumanob over night and interrogated him about his brother. When he was released, Abdumanob Muminov had bruises on the sides of his chest and he told his family that he was extremely frightened. He reported that the police had beaten him and hit him on the head during the interrogation. Although Bakhtior Muminov’s relatives retained a lawyer, authorities did not allow the lawyer to see Muminov or even confirm his whereabouts. In June, his lawyer surmised that Muminov might be in pre-trial detention in Tashkent Prison, but gained access to him only on August 11, after repeated official requests and complaints. Muminov had apparently been assigned a public defender who was present for at least one of his early interrogations. But prior to August 11, for months Muminov had no access to his own attorney. At trial, Muminov testified that he had been severely beaten and subjected to electric shock during the investigation. He was convicted of terrorism, murder, anti-constitutional activity and other charges on November 10, 2004.⁴⁵

Police in Zangiota arrested Abdubosit Yusupov on March 29. Yusupov is a former religious prisoner who had been amnestied after serving part of a sentence for anti-constitutional activities and narcotics possession. Police alleged that they found narcotics in his pocket, although Yusupov originally said the police planted the drugs on him. His family retained an attorney, who was allowed to see Yusupov at Tashkent Prison for the first time on April 20. She told Human Rights Watch that Yusupov’s legs were swollen and he could barely walk. He had difficulty moving his arms and hands and could not grip a pen to sign his name. He had a large bruise on his upper right arm and burns on his face. Yusupov told his attorney that officers at the Tashkent Province Department of Internal Affairs beat him all over his body and on the soles of his feet, sodomized him with batons, set his beard on fire and handcuffed his arms behind his knees and suspended him from a rod threaded under his armpits for many hours. The government disputes these allegations of abuse. In May, Yusupov was sentenced to a two-year suspended sentence after partially agreeing to the charges.⁴⁶

Also, on March 29, police in Ramitan, in Bukhara Province arrested Fazliddin Tukhtaev in connection with the explosions and bombings that had recently occurred. His lawyer was only allowed to see him nearly four months later on July 23. He reported to his attorney that he had been beaten throughout his time in custody, but was too afraid to give details since prison guards were listening to the conversation. During that visit Tukhtaev signed a written request to the investigator to give his attorney access to the investigation materials. The next day he rescinded the request, raising concerns that he was pressured or coerced. Tukhtaev’s attorney had no access to the materials of the investigation and was barred from the trial.⁴⁷

Jamshid Vosiev and two other men already convicted and serving sentences in Novoi Prison under article 159, (attempting to overthrow the constitutional order of Uzbekistan, an article often used against religious Muslims) were charged with allegedly violating article 159 again, while in prison. Vosiev alleges that the charges are revenge for complaining about conditions to a government commission that inspected the prison earlier this year, and for refusing to beg forgiveness and repudiate their Islamic ideas and beliefs. On June 15 the Novoi Province court sentenced Vosiev to seven years of a strict prison regime, in addition to the eleven he has already been serving. However, the trial failed to meet basic fair trial standards. Vosiev’s lawyer was not permitted to participate in the investigation and saw his client for the first time at trial. Although the proceedings were open, the judge did not allow Vosiev’s mother in the courtroom during the questioning of witnesses from the prison. Several other witnesses who gave evidence against the defendants were not brought to court to testify, although the judge allowed their testimony as evidence. To the best of Human Rights Watch’s knowledge, the charges are based on allegations that Vosiev had a religious leaflet in his cell. The judge ignored Vosiev’s testimony that prison guards taped his mouth shut and beat him along with 100 other religious prisoners to force them to beg forgiveness. He also refused to allow Vosiev to undergo a forensic medical examination to determine whether he has injuries from beatings.

Judge Arziev of the Novoi Province Court refused to allow a representative of Human Rights Watch to observe the Vosiev’s appeal proceedings, even though he insisted the proceedings were open. He told Human Rights Watch that “we have our own protocol [for open trials] here in Novoi.” The judge later barred Vosiev’s mother from the courtroom. The government disputes this, claiming that Human Rights Watch attempted to enter the court illegally.⁴⁸