Mr. Volker Türk
UN High Commissioner for Human Rights
Office of the UN High Commissioner for Human Rights
Palais des Nations
CH-1211 Geneva 10, Switzerland
Dear High Commissioner Türk,
I write you on behalf of Freedom Now, an organization that protects individuals and communities from government repression and defends human rights by providing direct legal support to political prisoners, among other things.
In advance of your upcoming trip to Uzbekistan, Freedom Now urges you to use your visit to express to government officials in Tashkent concern about the Uzbekistani government’s failure to uphold its international human rights obligations in several key areas, including the ongoing arbitrary detention of journalists and bloggers and politically-motivated persecution under vague anti-extremism provisions of the Criminal Code.
As you are aware, since President Mirziyoyev assumed power in late 2016, he has made some promising steps, including the release of more than 50 long-time political prisoners, allowing some foreign media and NGOs back into the country, and ending systematic forced labor in the cotton harvest. Local media has begun to print uncensored articles on human rights issues and the Uzbekistani government now engages human rights organizations, such as ours, in dialogue.
Despite these positive developments, the human rights situation in Uzbekistan requires more attention. The Human Rights Committee, in a statement[1] following its review of the fifth periodic report of Uzbekistan, acknowledged some positive steps taken, though highlighted serious ongoing challenges, including serial non-implementation of the Committee’s decisions on communications, impunity for torture, and violations of the rights of LGBTIQ+ persons, among others.
Of particular concern, and one also highlighted by the Committee, is the continued use of politically-motivated imprisonment. Thousands of individuals remain in prison on fabricated charges intended to end their journalistic work or civic activism, or punish them for their religious views[2].
Ongoing imprisonment and persecution of journalists and bloggers
In recent years, Uzbekistan has accelerated its imprisonment of journalists and bloggers. As recently as 2020, Uzbekistan had no journalists or bloggers in prison. As of this year, Freedom Now has identified at least 18 journalists or bloggers imprisoned in the country. One case of particular concern is that of Otabek Sattoriy, an independent blogger, investigative journalist, and activist serving a six year and six-month prison sentence for his reporting on corruption. Mr. Sattoriy was detained in January 2021 on fabricated charges related to his reporting on compliance with price controls at local markets. The following month he was charged with extortion, criminal slander, and criminal insult, all connected to several stories he investigated and published between 2018 and 2020. On May 10, 2021, Mr. Sattoriy was convicted on four counts of extortion and one count of slander. In April 2022, the Supreme Court of Uzbekistan upheld his sentence.
In May 2022, Freedom Now filed a petition with the UN Working Group on Arbitrary Detention on behalf of Mr. Sattoriy alleging that his arrest was arbitrary, he was arrested while exercising his fundamental rights and freedoms protected under international law, and that Mr. Sattoriy’s due process rights were violated by the government. In November 2022, the Working Group issued a petition finding his detention to be in violation of international law.
We urge you to raise the case of Mr. Sattoriy in your engagements with government officials and to request that the Uzbek government release Mr. Sattoriy, comply with the opinions of the UN Working Group on Arbitrary Detention, and immediately release all political prisoners. Other journalists currently imprisoned include:
- Miraziz Bazarov, a blogger arrested in March 2021 and serving a three-year sentence under house arrest on charges related to his support of the decriminalization of homosexuality.
- Fazilkhoja Arifkhojayev, a Muslim blogger arrested in June 2021 and sentenced to seven years and six months in prison for reposting and commenting on a social media post that had questioned whether it was appropriate for a Muslim to congratulate non-Muslims on their religious holidays.
- Lolagul Kallykhanova, the founder of Makan.uz arrested in July 2022 and held incommunicado for three months. She was sentenced to eight years of restricted liberty for her alleged participation in the Karakalpakstan protests.
Furthermore, the government should ensure that journalists, human rights defenders, and civil society activists are able to conduct their work without fear of threats or harassment. We also call on you to seek commitments that Uzbekistan will uphold its international obligations to respect freedoms of association, assembly, religion and expression.
Misuse of anti-extremism provisions
Politically-motivated prosecutions of human rights activists are often initiated under vague and overly-broad criminal code provisions relating to extremism, such as “incitement of national, racial, ethnic, or religious hatred” or “violations of the constitutional system.” While a new draft Criminal Code was presented for public comment in February 2021, the draft remains under parliamentary consideration two years later. The problematic provisions related to extremism remain largely unchanged in the draft code.
A recent example of the misuse of these anti-extremism provisions are the ongoing trials related to the July 2022 events in Karakalpakstan, in which the authorities apparently used deadly force against peaceful protesters. Dozens of protest participants have already been convicted to lengthy prison terms. Among those convicted was Dauletmurat Tajimuratov, a lawyer and journalist sentenced to 16 years in prison because he informed residents of the upcoming protests.
We urge you to raise the issue of anti-extremism provisions during your visit, insist that the provisions in the draft Criminal Code are revised to be in accordance with international law, and that individuals wrongfully convicted under these provisions are released from prison.
Your visit is an opportunity to convey the United Nation system’s concern at the highest level about the human rights abuses that continue to be perpetrated in Uzbekistan. We are confident that your leadership and commitment to human rights will motivate the government to take positive steps in improving the situation.
Sincerely,
Maran Turner
Executive Director
Freedom Now
[1] https://www.ohchr.org/en/statements/2020/03/uzbekistan-building-culture-human-rights-concerns-about-political-prisoners
[2] https://www.uscirf.gov/news-room/releases-statements/uscirf-releases-report-highlighting-uzbekistans-religious-and