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, OMCT, EUCAM, CEPS, Republic of Uzbekistan Ombudsman

SOS

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.

Right defenders of the press centre of the Alliance - Dovlatova Tatyana, Brosalina Lyudmila, Sarapulov Oleg.

Ziyadullo Razoqov - «International Society for Human Rights»

Mamir Azimov - «International Society for Human Rights»

25.09.2009,

Uzbekistan, Tashkent.