APWLD urges the Uzbek government to release Umida Niyazova and Gulbahor Turayeva immediately and unconditionally


TO: President of Uzbekistan, Mr. Islam Abduganiyevich Karimov Minister of Foreign Affairs, Mr. Elyor Majidovich Ganiev Parliamentary Commissioner for Human Rights, Sayora Rashidova General Prosecutor of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov National Centre for Human Rights, Senator Akmal Saidov Ambassador of the Republic of Uzbekistan, Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva

Your Excellencies,

We write to express our deep concern about the sentencing of Mrs Umida Niyazova, a journalist and a human rights defender, and of Mrs. Gulbahor Turayeva, a human rights defender from Andijan.

According to the information received, on April 30, 2007, the Tashkent’s Sergeli District Court started the trial of Mrs. Umida Niyazova without preliminary notification. Mrs. Umida Niyazova was prosecuted for “illegally entering or illegally leaving the Republic of Uzbekistan” (Article 223 of the Penal Code), “preparing and distributing material which poses a threat to public order and security” (Article 244, Paragraph 1) and “smuggling” (Article 246).

Mrs. Umida Niyazova said that she had to go to Kyrgyzstan for personal reasons, but she refused to plead guilty for the two other charges brought against her.

The charge for “smuggling” is related to the laptop computer Mrs. Niyazova had with her when she was arrested at Tashkent airport in December 2006 upon returning from a trip from Bishkek. Besides, “illegal materials” would be the content of her laptop, including various human rights documents and articles Mrs. Niyazova had collected during a short period she worked in Uzbekistan. Mrs. Niyazova explained to the court that the materials found on her laptop were personal copies for work and were not meant for distribution.

On May 1, 2007, the Tashkent’s Sergeli District Court sentenced Mrs. Niyazova to seven years of imprisonment. Mrs. Niyazova has ten days to appeal as of May 1, 2007.

On April 18, 2007, the trial of Mrs. Gulbahor Turayeva for “attempting to overthrow the constitutional system”, “slander” and “producing and spreading materials threatening public order” began before the Andijan Regional Court. On April 24, 2007, the Court sentenced Mrs. Gulbahor Turayeva to six years in prison.

APWLD considers detention of Umida Niyazova and Gulbahor Turayeva, which appears to be aimed at sanctioning their human rights activities, as arbitrary and urges the Uzbek government to:
  • Guarantee in all circumstances the physical and psychological integrity of Umida Niyazova and Gulbahor Turayeva;

  • Release Umida Niyazova and Gulbahor Turayeva immediately and unconditionally since their detention is arbitrary;

  • Ensure that Umida Niyazova and Gulbahor Turayeva be granted a fair and impartial trial if they decide to appeal the sentence, so that the charges against them are dropped as they seem to merely sanction their human rights activities and as such are arbitrary

  • Put an end to all acts of harassment against Umida Niyazova and Gulbahor Turayeva as well as all other human rights defenders in Uzbekistan;

  • Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

  • Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uzbekistan.
APWLD salutes the courage of Umida Niyazova and other women and men human rights defenders in Uzbekistan! We express our solidarity with Umida and Gulbahor and other sisters and comrades in Uzbekistan democracy movements who stand firm in their fight for their rights, justice and democracy.

APWLD
May 4, 2007

APWLD is regional women’s human rights network of 150 members in 23 countries of the Asia Pacific region committed to enabling women to use law as an instrument of social change, equality and development

Asia Pacific Forum on Women, Law and Development (APWLD) 189/3 Changklan Road Amphoe Muang
Chiang Mai 50101 Thailand
Tel: (66) 53 284527, 284856
Fax: (66) 53 280847
Email: awld@apwld.org www.apwld.org

close window