UZBEKISTAN: ARBITRARY DETENTION OF HUMAN RIGHTS DEFENDER DAULETMURAT TAZHIMURATOV

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. 62/2024 concerning Dauletmurat Tazhimuratov, asking the Government of Uzbekistan to immediately and unconditionally release Mr. Tazhimuratov and to accord him an enforceable right to compensation and other reparations in accordance with international law.

Read the full WGAD Opinion concerning Dauletmurat Tazhimuratov (Uzbekistan): Opinion No. 62/2024

ARREST AND DETENTION OF UZBEK HUMAN RIGHTS DEFENDER

Dauletmurat Tazhimuratov is a citizen of Uzbekistan, born on 27 March 1979. He is a lawyer, journalist, and human rights defender.

On 1 July 2022, he was arrested without a warrant by masked individuals and subjected to physical abuse after giving a speech in front of a mosque, which led to protests. He was released the same day after speaking again to the crowd to stop the protests. However, he was re-arrested on 4 July 2022, again without a warrant or explanation, and transferred to Urgench by helicopter. The next day, he was presented to a judge, where he learned that he was charged for f conspiracy to seize power or overthrow the constitutional order. Additional charges were added later. He was held in pretrial detention for over four months in the State Security Service pretrial detention centre in Urgench.

He was moved to a detention centre in Bukhara in November as his trial started on 28 November 2022 in front of the Bukhara Regional Criminal Court alongside 21 other defendants. On 31 January 2023, Mr. Tazhimuratov was convicted for conspiring to overthrow the constitutional order, embezzlement, legalization of proceeds from criminal activities, organizing mass riots, and manufacturing, storing or distributing materials that threaten public security. He was sentenced to 16 years in prison and ordered to pay the equivalent of US$ 20,000 in damages. This decision was confirmed by the Supreme Court of Uzbekistan on 5 June 2023. Mr. Tazhimuratov is serving his sentence at Prison Colony No. 11 in Navoi.

The Government did not respond to the Working Group’s communication.

ARRESTED WITHOUT WARRANT

According to the source, Mr. Tazhimuratov was not presented with an arrest warrant at the time of the arrest or informed of the reasons for his arrest. The Working Group found that both arrests lacked legal basis and were conducted violently, violating article 9 of the Universal Declaration of Human Rights and article 9 (2) of the International Covenant on Civil and Political Rights.

Furthermore, Mr. Tazhimuratov's pretrial detention was not based on an individual assessment of the alleged risks, pointed out the source. The Working Group reminded that pretrial detention must be the exception and not the norm, and should be limited. Therefore, his prolonged pretrial detention without an individualized judicial review violated article 9 (3) of the Covenant.

These findings led the Working Group to conclude that Mr. Tazhimuratov’s detention was arbitrary under category I.

DETAINED FOR EXERCISING FREEDOM OF EXPRESSION AND RIGHT TO PARTICIPATE IN PUBLIC AFFAIRS

Mr. Tazhimuratov was arrested after publicly opposing constitutional amendments that would reduce Karakalpakstan’s autonomy. His speech and peaceful protest participation were used as grounds for terrorism-related charges. The Government failed to justify the restrictions under the narrow exceptions permitted by international law. The Working Group determined that his detention resulted from the exercise of protected rights, including freedom of expression and participation in public affairs. These are guaranteed under articles 19 and 21 of the Universal Declaration of Human Rights and article 25 of the Covenant.

Therefore, the Working Group found his detention arbitrary under category II.

VIOLATIONS OF FAIR TRIAL RIGHTS AND EQAULITY OR ARMS

The source argued that Mr. Tazhimuratov suffered ill-treatment while in detention. The Working Group reminded that torture and ill-treatment are a violation of human rights, but also undermined the ability of persons to defend themselves and hindered their exercise of the right to a fair trial. When the Court faced the allegations of ill-treatment, it failed to act, and, therefore, the Working Group found a violation of article 10 of the Universal Declaration of Human Rights and article 14 of the Covenant, as it violated his right to an independent and impartial tribunal.

Furthermore, Mr. Tazhimuratov's speech was not assessed by anyone who spoke the Karakalpak language, impacting the principle of equality or arms. The court further refused to examine the experts proposed by Mr. Tazhimuratov. The Working Group found that the court acted in a manner that disregarded the interests of the defence, thus failed to act impartially, in breach of the principle of equality of arms and of article 14 (1) of the Covenant.

As a result, the Working Group concluded that his detention was arbitrary under category III.

DISCRIMINATION BASED ON ETHNICITY AND POLITICAL OPINION

The source submitted that Mr. Tazhimuratov's detention was due to discrimination based on his ethnic origin as a Karakalpak and on his political opinions. The source described the broader targeting of Karakalpak political activists, including non-governmental organizations and activists residing abroad, as part of a pattern of systemic discrimination. The Government failed to demonstrate that his detention was free from discriminatory motives. The Working Group noted that Mr. Tazhimuratov’s arrest and harsh treatment appeared to be, indeed, influenced by his Karakalpak ethnicity and his political activism, in violation of articles 2 (1) and 26 of the Covenant.

This led the Working Group to determine that his deprivation of liberty was arbitrary under category V.

CONCLUSIONS OF THE UN WORKING GROUP AGAINST ARBITRARY DETENTION

In light of the above, the UN Working Group Against Arbitrary Detention found that the detention of Dauletmurat Tazhimuratov was arbitrary and fell under categories I, II, III and V, as it contravened articles 2, 3, 7, 9, 11, 19, 20 and 21 of the Universal Declaration of Human Rights and articles 9, 14, 15, 19, 21, 22, 25, 26 and 27 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 Dauletmurat Tazhimuratov 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.