UZBEKISTAN: ARBITRARY DETENTION OF GULNARA KARIMOVA

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. 17/2025 concerning Gulnara Karimova, asking the Government of Uzbekistan to accord her an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Gulnara Karimova (Uzbekistan): Opinion No. 17/2025.

DAUGHTER OF FORMER PRESIDENT IMPRISONED

Gulnara Karimova is a Uzbekistani national, born on 8 July 1972. She is the daughter of the former President of Uzbekistan.

Ms. Karimova was arrested on 14 February 2014 without an arrest warrant shortly before the end of her father’s term as President. She was immediately placed under house arrest alongside her child and appeared before a judge for the first time 18 months later, on 21 August 2015. The trial took place in her kitchen with a lawyer she met on the day, and she was unable to talk. She was found guilty of crimes related to the preparation of and participation in unlawful activities, the unlawful obtaining and disclosure of personal information, the illegal possession, distribution or use of other people’s property, fraud and embezzlement, violations of economic regulations, including illegal business activities and other financial crimes and the illegal acquisition and distribution of assets. She was sentenced to house arrest for a period of five years.

On 19 May 2014, legal proceedings were launched against her in a third country, her location was not disclosed to the lawyer appointed to her by the said country. She finally met him in November 2016. She was taken several times to the prosecutor’s office to prepare for the hearing with the authorities from the third country, and was forbidden to talk to her lawyer by the Uzbek authorities during the first hearing.

Her previous judgment was allegedly taken in order to compensate for a potential conviction that could be issued against her by the third country’s judicial authorities, but no agreement seems to exist. Several hearings and meetings with her lawyer took place until 12 June 2019, as he was banned from the country on that date. Two other lawyers were appointed, but were not allowed to meet with her alone.

On 3 July 2017, members of the intelligence services took her from her apartment to bring her before a prosecutor before placing her in pretrial detention at the Tashkent city jail. On 18 December 2017, she was brought before o the Tashkent Regional Criminal Court to stand trial, where she was found guilty of another series of financial offences and sentenced to 10 years in prison.

In January 2018, she was transferred to Zangiota penal colony and then under house arrest starting on 26 June 2018. On 5 March 2019, she was transferred to the Tashkent city jail, as the authorities considered she had violated the terms of her house arrest by communicating with her third country legal counsel. Later in March 2019, Ms. Karimova was transferred to Zangiota penal colony before being transferred back to Tashkent city jail on 3 August 2019 until June 2020.

A third trial started in 2020, and she was found guilty of “criminal association, fraud, embezzlement of public funds and the concealment of foreign currency” and sentenced to 13 years and four months in prison. In June 2020, Ms. Karimova was again transferred to the Zangiota penal colony, where she remains.

The Government of Uzbekistan was given the opportunity to respond to these allegations, but submitted a late response despite an extension.  

ARRESTED WITHOUT WARRANT AND ARBITRARILY DETAINED

According to the source, Ms. Karimova’s detention was arbitrary because no arrest warrant was presented and the lengthy pre-trial detention. In its late response, the Government only disputed that the house arrest constituted deprivation of liberty. The Working Group determined that the restrictions of Ms. Karimova’s house arrest amounted to deprivation of liberty. The Working Group thus found that her arrest and detention lacked legal basis and violated articles 3 and 9 of the Universal Declaration of Human Rights, article 9 of the Covenant.

Furthermore, the source stated that Ms. Karimova saw a judge for the first time 18 months after her arrest. The Working Group considered that her pretrial detention was too lengthy. Accordingly, the Working Group determined that her detention violated article 9 (3) of the Covenant on prompt presentation before a judge.

Additionally, the source submitted that Ms. Karimova was unable to challenge the lawfulness of her initial detention during those 18 months of pretrial detention. The Working Group concluded that the lack of access to judicial review violated her right to an effective remedy under article 8 of the Universal Declaration of Human Rights and article 2 (3) of the Covenant.

Therefore, considering all the above, the Working Group found that Ms. Karimova’s arrest and detention lacked a legal basis, rendering her deprivation of liberty arbitrary under Category I.

VIOLATIONS OF HER RIGHT TO A FAIR TRIAL AND DUE PROCESS

According to the source, Ms. Karimova was denied her due process rights, including the right to have the time and facilities necessary for the preparation of her defence, as from her initial detention in February 2014 until at least November 2016, the foreign lawyer appointed in May 2014 was not able to meet with her. Furthermore, local lawyers were subject to restrictive confidentiality agreements preventing them from discussing the case with her. The Working Group recalled that, under international standards, all detained persons must be able to consult freely and confidentially with counsel of their choosing. It found that the confidentiality restrictions imposed on Ms. Karimova’s lawyers and the long delay before she could meet the foreign counsel substantially undermined the effectiveness of her defence in violation of article 14 (3)(b) and (d) of the Covenant and article 11 (1) of the Universal Declaration of Human Rights.

The source alleged that no witnesses were heard during Ms. Karimova’s first trial and that judgment was pronounced on the same day she was informed of the proceedings, depriving her of any opportunity to prepare or respond. The Working Group determined that the procedures denied Ms. Karimova the right to call and question witnesses in violation of article 14 (3) (e) of the Covenant. In addition, the Working Group found that the abrupt conclusion of Ms. Karimova’s first trial within a single day undermined her ability to prepare her defence in violation of article 14 of the Covenant and article 11 (1) of the Universal Declaration of Human Rights.

The source reported that Ms. Karimova’s first two trials were held entirely in secret, without any public access or oversight. The Working Group acknowledged that limited restrictions may apply in cases involving national security, but found that the total exclusion of public access, without exploring less intrusive alternatives such as partial closure or redacted records, was unjustified. The lack of transparency and the unusual venue undermined the independence and impartiality of the proceedings in violation of article 14 (1) of the Covenant.

Therefore, considering all the above, the Working Group found that the violations of Ms. Karimova’s fair trial rights were so grave, rendering her deprivation of liberty arbitrary under Category III

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the foregoing, the UN Working Group Against Arbitrary Detention considered that the detention of Gulnara Karimova was arbitrary and fell under categories I, and III because the deprivation of liberty of Gulnara Karimova was in contravention of articles 3, 8, 9 and 11 of the Universal Declaration of Human Rights and articles 2, 9 and 14 of the International Covenant on Civil and Political Rights.

The Working Group recommended that the Government of Uzbekistan take the steps necessary to remedy the situation of Ms. Karimova 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 her immediately and accord her an enforceable right to compensation and other reparations, in accordance with international law.