UZBEKISTAN: ARBITRARY DETENTION OF ACTIVIST VALIJON KALONOV

The International League Against Arbitrary Detention urges the Government of Uzbekistan to take all the necessary actions to implement the United Nations Working Group on Arbitrary Detention Opinion No. 47/2024 concerning Valijon Kalonov, asking the Government to immediately and unconditionally release him and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Valijon Kalonov: Opinion No. 47/2024.

ARREST OF AN HUMAN RIGHTS ACTIVIST

Valijon Kalonov is a citizen of Uzbekistan born in 1969 and representative of the Uyghur Freedom Movement. He is a social media activist and publishes his opinions on his accounts.

He was first arrested in April 2021 for less than 48 hours for an interrogation as a witness. The source submitted that the State Security Service reported his arrest to the media as him being a suspect of misrepresenting the reforms being carried out under the leadership of the President on social media, insulting the President and spreading information aimed at humiliating and discrediting the image of the Head of State.

He was then arrested a second time on 15 August 2021, at his house, after he asked for the President not to run in the October presidential election on video. In that context, the officers of the Investigative Department of the Djizak Province Department of Internal Affairs seized his electronic devices and took him to detention facility No. 8 of the Syr-Daria Province.

The source presented that Mr. Kalonov was tried on 17 August 2021 and a psychiatric examination was ordered on 23 November 2021 which concluded that he was not unable to testify in court and that he was a possible danger to society. He was therefore not held criminally liable but sent to a compulsory treatment in a specialized department of the Samarkand Regional Neuropsychiatric Dispensary for an indefinite time. In 2022, he was transferred to Djizak Regional Psychoneurological Dispensary. Every three months, a commission of experts would issue formal opinions regarding his condition which are then sent to the court. The last one, from November 2023 stated that it was necessary to keep him in the Dispensary.

The Working Group transmitted the allegations to the Government of Uzbekistan, which respond after the set deadline. Therefore its reply was not taken into consideration by the Working Group.

DETAINED FOR EXERCISING HIS RIGHT TO FREEDOM OF OPINION AND EXPRESSION

According to the source, Mr. Kalonov was detained for his exercise of his right to freedom of expression and opinion as protected by articles 19 and 21 of the Covenant due to his public criticism of the President on his social medias. In its late answer, the Government of Uzbekistan acknowledged detaining Mr. Kalonov for exercising his freedom of speech. The Working Group, recalled the Human Right Committee’s fifth periodic report of Uzbekistan, where it reiterated its concern regarding the fact that defamation, insult of the President, insult, and dissemination of false information were still criminalized in Uzbekistan, as well as that regulation of communications, information technologies, and the use of Internet continued to unduly restrict freedom of speech. The Committee also raised concerns about the imprisonment of individuals for the peaceful expression of their critical views. The Working Group also noted reports regarding the use of “punitive psychiatry” to silence dissident voices which must not be used to jeopardize someone’s freedom of expression, as recalled in its deliberation No. 7. Based on the information provided and with regard to the exposed context, the Working Group found that Mr. Kalonov's case violated article 19 of the Universal Declaration of Human Rights and article 19(3) of the Covenant.

In light of this, the Working Group concluded that Mr. Kalonov's detention was arbitrary within the meaning of Category II.

DETENTION BASED ON POLITICAL AND OTHER OPINIONS

The source stated that Mr. Kalonov’s political opinions, such as his criticism of the President, were the center of this case and an example of the use of forced psychiatric treatment to silence human rights defenders. In its late answer, the Government asserted that the criminal proceedings were not initiated because of his political opinions bur rather because of Mr. Kalonov’s online activity, which destabilized the social and political situation and contributed to deligitimizing the leadership and damaging the country's image.

The Working Group recalled that there was an emblematic pattern in the attitude of the authorities in Uzbekistan regarding human rights related activities, namely a misuse of the judiciary to justify repercussions against journalists, publishers, human rights defenders and political opponents. It accepted that Mr. Kalonov was being detained in a discriminatory manner because of his political opinions, which is in violation of articles 2 and 7 of the Universal Declaration of Human Rights and articles 2(1) and 26 of the Covenant.

Hence, the Working Group found Mr. Kalonov’s deprivation of liberty to be arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the United Nations Working Group on Arbitrary Detention considered that the detention of Valijon Kalonov was arbitrary and fell under categories II and V because his deprivation of liberty was in contravention of articles 2, 7 and 19 of the Universal Declaration of Human Rights and articles 2, 19 and 26 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Uzbekistan take the necessary steps to remedy the situation of Valijon Kalonov without delay and bring it into conformity with the relevant international norms. The Working Group considered that, taking into account all circumstances of the case, the appropriate remedy would be to release him immediately and accord him an enforceable right to compensation and other reparations, in accordance with international law.

The Working Group also urged the Government to ensure a full and independent investigation of the circumstances surrounding the arbitrary deprivation of liberty of Valijon Kalonov and to take appropriate measures.

Lastly, it requested the Government to bring its laws into conformity with the recommendations of the opinion.