This page summarizes cases raised with Uzbekistan by the Special Rapporteur between May 1, 2011, (when the Special Rapporteur took up his functions) and February 28, 2017 (the date of the last public release of communications). Communications are released to the public once per year. This page also contains observations on these communications and on responses received from Uzbekistan.
Communications and observations are divided into sections based upon which observation report they originally appeared.
Each communication is referenced as urgent appeal (UA), allegation letter (AL), joint urgent appeal (JUA) and joint allegation letter (JAL) – the hyperlinks lead to these documents. This is followed by the date the communication was issued, as well as the case number and the State reply (also hyperlinked if available).
Summaries and communications are published only in the language of submission (in the case of Uzbekistan, English).
Observations
The Special Rapporteur regrets that no reply has been received from the Government of Uzbekistan to the allegation letter sent during the reporting period. He urges the authorities to provide as soon as possible detailed responses to all the concerns raised in his communication.
The Special Rapporteur urges the authorities to refrain from using force during peaceful demonstrations. He further recommends that a thorough, impartial and independent investigation is conducted without delay over any allegation of excessive use of force and of torture and ill treatment during peaceful demonstrations; and to hold accountable those responsible and provide full redress to victims.
The Special Rapporteur urges the authorities to ensure that no individual is criminalised for the peaceful exercise of his/her fundamental freedoms. He recommends to the Government to put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate freedom of association without undue hindrances. An independent and impartial investigation should be conducted into any allegation of human rights violations, including acts of intimidation or harassment, committed against those exercising their rights to freedom of peaceful assembly and of association.
The Special Rapporteur refers again to Human Rights Council resolution 15/21, and in particular operative paragraph 1 that “[c]alls upon States to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of Uzbekistan of his country visit request sent in September 2011, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks, to provide all necessary information requested by him or her, … and to consider favourably his or her requests for visits”.
None
Observations
The Special Rapporteur thanks the Government of Uzbekistan for its reply to his communication. He remains concerned that Ms. Ismailova was denied entry in Uzbekistan and deported because of her legitimate human rights activities.
The Special Rapporteur recommends that the Government put in place an enabling and safe environment that is conducive to the free expression of civil society allowing individuals to exercise their legitimate rights to freedom of peaceful assembly and of association without undue hindrances. A thorough and independent investigation into any allegations of human rights violations, including acts of intimidations or harassments, committed against those exercising their rights to freedom of peaceful assembly and of association, should be conducted; those responsible should be held accountable; and victims should be provided with full redress.
The Special Rapporteur refers to Human Rights Council resolution 24/5, and in particular operative paragraph 1 that “[r]eminds States of their obligation to respect and fully protect the rights of all individuals to assemble peacefully and associate freely, online as well as offline, including in the context of elections, and including persons espousing minority or dissenting views or beliefs, human rights defenders, trade unionists and others, including migrants, seeking to exercise or to promote these rights, and to take all necessary measures to ensure that any restrictions on the free exercise of the rights to freedom of peaceful assembly and of association are in accordance with their obligations under international human rights law”.
The Special Rapporteur reminds the Government of his country visit requests sent in September 2011 and October 2013, to which a response is yet to be received. In this connection, OP6 of resolution 15/21 states that the “Human Rights Council… [c]alls upon States to cooperate fully with and assist the Special Rapporteur in the performance of his or her tasks… and to consider favourably his or her requests for visits”.
Observations
Responses to communications
The Special Rapporteur is grateful for the cooperation extended to the mandate, in compliance with Human Rights Council resolutions 24/5 (2013), 21/16 (2012) and 15/21 (2010). He thanks the Government Uzbekistan for its replies to the communications sent during the reporting period.
Environment in which these rights are exercised
In relation to the case of Mr. Ganikhon Mamatkhonov, regional representative of the International Society for Protection of Human Rights in the Fergana province of Uzbekistan, the Special Rapporteur reiterates his concern that Mr. Mamatkhonov’s detention, sentencing and appeal, and in particular his reported placement in a punishment cell, may be linked to his legitimate human rights activities (UZB 2/2014). The Special Rapporteur recalls article 22 of the International Covenant on Civil and Political Rights, which guarantees the right to freedom of association and Human Rights Council resolution 24/5, and in particular operative paragraph 2 that reminds States of their obligation to respect and fully protect the rights of all individuals to associate freely.
The Special Rapporteur would be grateful for more information concerning the legal grounds for the detention Mr. Mamatkhonov and how these measures are compatible with international norms and standards, including those related to the freedom of association stated, inter alia, in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. He would also appreciate information regarding any investigation, medical examinations, and judicial or other inquiries carried out in relation to Mr. Mamatkhonov’s trial.
The Special Rapporteur notes the detailed reply on 5 September 2014, regarding the case of Mr. Fakhriddin Tillaev, a member of the Maslum Human Rights Centre and a founding member of the Union of Independent Trade Unions (UZB 1/2014). However, he maintains his concerns about the lack of due process in his trial and the severity of the case’s sentencing. He would like greater information about the measures that have been taken to ensure that everyone in Uzbekistan can exercise the right to freedom of association, in particular trade unionists, and can carry out their peaceful and legitimate activities without fear restrictions or criminalization of any sort.
In light of the recent review of Uzbekistan by the Committee on Economic, Social and Cultural Rights in June 2014, the Special Rapporteur notes with concern information suggesting that, under the Non-governmental Organizations Act, associations are subject to mandatory registration and supervision by the Ministry of Justice (E/C.12/UZB/CO/2, paragraph 16). He reminds the State that the right to association equally protects registered and unregistered organizations and request it to repeal limiting laws regulating this right to ensure that it is exercised free from arbitrary restrictions, as recognized under article 22 of the International Covenant on Civil and Political Rights.
Country visits
In reference to the country visit requests he sent in September 2011 and October 2013, the Special Rapporteur would like the Government to takes note of his desire to carry out a country visit to Uzbekistan in the framework of his mandate. He hope to receive a positive reply from the Government, in the spirit of Human Rights Council resolutions 15/21 and 24/5 which call upon States to consider his requests for visits favourably.
Observations
Responses to communications
The Special Rapporteur thanks the Government of the Uzbekistan for responding to the communications sent during this reporting period.
In the case of Mr. Dmitry Tikhonov, a member of the Human Rights Defenders Alliance of Uzbekistan, the Special Rapporteur reiterates his concern about Mr. Tikhonov’s arrest, sentencing and detention, including his treatment during detention (UZB 3/2015). The Special Rapporteur would be grateful for more information concerning the legal grounds for the detention and sentencing of Mr. Tikhonov and how these measures are compatible with international human rights norms on the right to freedom of association, including, inter alia, the International Covenant on Civil and Political Rights. He would also appreciate detailed information regarding the action taken in response to unlawful actions of officials against Mr. Tikhonov mentioned in the State reply received on 12 February 2016.
The Special Rapporteur notes the State reply of 21 January 2016, in the case of Mr. Uktam Pardayev, chairperson of the Independent Human Rights Society in Uzbekistan. He restates his concern regarding the arrest, detention and charges against Mr. Pardayev, and their compatibility with international human rights norms on the right to freedom of association. He would appreciate further information regarding any investigations or inquiries conducted in regard to Mr. Pardayev’s trial.
The Special Rapporteur reminds the authorities of the request from his last Observations Report (A/HRC/29/25/Add.3, para. 97) and seeks additional information about the measures taken to ensure everyone in Uzbekistan can exercise the right to freedom of association and can carry out their peaceful and legitimate human rights activities without fear of restrictions or criminalization of any sort.
In this regard, he reminds the Government of Uzbekistan of its positive obligation to ensure that civil society, including human rights defenders, can carry out their legitimate work free in a safe and enabling environment without fear of threats or acts of intimidation or harassment of any sort.
Country visit
The Special Rapporteur reminds the Government of his pending requests to visit the country, as indicated by his letter sent in 2011 and 2013. He trusts that such a visit would allow him to examine first-hand issues related to his mandate, identify good practices and formulate pertinent recommendations to relevant stakeholders. He looks forward to receiving a positive reply at the earliest possible opportunity. He reiterates that Human Rights Council resolution 15/21, which established his mandate, and 24/5, which renewed it for an additional period of three years, both call upon States to consider favourably his requests for visits.
Observations
Response to communication
The Special Rapporteur wishes to acknowledge receipt of the response of the Government dated 20 February 2017, and regrets that the translation is not yet available. Concerning the issue of disruption of peaceful religious gatherings in private homes, severe censorship of any religious content and confiscation of religious materials in Uzbekistan, the Special Rapporteur maintains his concerns expressed previously. Notably, he is seriously concerned about the numerous reported police raids and confiscation of religious materials in private homes as well as the disruption of peaceful religious meetings. The Special Rapporteur is equally concerned about the high number of alleged arrests and fines imposed on people for exercising their rights to freedom of religion or belief and freedom of peaceful assembly
For the full reports, containing communications, replies and observations for all countries, see the following links:
Report A/HRC/20/27/Add.3: May 1, 2011 to March 15, 2012
Report A/HRC/23/39/Add.2: March 16, 2012 to February 28, 2013
Report A/HRC/26/29/Add.1: March 1, 2013 to February 28, 2014
Report A/HRC/29/25/Add.3: March 1, 2014 to February 28, 2015
Report A/HRC/32/36/Add.3: March 1, 2015 to February 28, 2016
Report A/HRC/35/28/Add.4: March 1, 2016 to February 28, 2017
