Главная » 2009 » Октябрь » 1 » Mukhtarov therefore is unable to depend on an independent and fair
Mukhtarov therefore is unable to depend on an independent and fair
To: the UN Special Rapporteur on the Situation of
Human Rights Defenders
CC: Representatives of international organizations
in Tashkent and abroad: HRW, FRONT LINE, CIVICUS, Amnesty International, OSCE, FIDH,
CEPS, Republic of Uzbekistan Ombudsman
We, human rights defenders, express serious concern with
respect to the lack of observance of proper procedure in the current criminal investigation
of Farkhodjon Mukhtarov.
Judge R Bakieva of the criminal court of Yunusabad Rayon (Tashkent) is in
charge of the case and is exerting pressure on Mukhtarov and his lawyer. Mukhtarov
therefore is unable to depend on an independent and fair judicial investigation
into the charges against him.
Judge Bakieva has refused to give Mukhtarov the opportunity to defend himself,
is blackmailing him by threatening to hear his case without his participation,
has in the harshest terms refused to allow Mukhtarov to meet with his lawyers,
refuses to consider the defense’s motions before having heard them expressed,
has refused to allow the defense lawyer’s introduction of an audio recording as
evidence, and has refused to allow the defense to call witnesses.
The defense lawyers have expressed their desire to
see the case transferred to a different judge because of Bakieva’s improper
procedural actions, but after having conferred with the case’s associate judges
in camera, Judge Bakieva refused the
request, thus violating Articles 2, 7 10, and 14 of the International Covenant
on Civil and Political Rights, as well as Article 26 of the Constitution of the
Republic of Uzbekistan. Judge Bakieva, in addition, is flouting the basic
principles of the judicial process: rule of law, equality of citizens before
the law and the court, respect for citizen’s self-worth and reputation, the
presumption of innocence, the upholding of the right to self-defense, the
legitimacy of the adversarial process, and the search for truth.
We, human rights defenders, request the international
community to direct attention to Mukhtarov’s situation and to raise, on an intergovernmental
level, the issue of observance of fair and legal principles of judicial
processes in accordance with Uzbekistan’s commitments to uphold international standards
of human rights.
of the press centre of the Alliance - Dovlatova Tatyana, Brosalina Lyudmila,
Ziyadullo Razoqov - «International Society for
Mamir Azimov - «International Society for Human