Since the complaint was lodged before the Criminal Court of Yuzunabad on April 13, a series of procedural irregularities have taken place. First of all, the Observatory notes that Mr. Tulaganov was only notified of the existence of the complaint on July 26, 2007 (71 days after the enquiry procedure was opened, on May 16) and could therefore not introduce all the elements he wanted to rely upon for his defence within the “90 days of enquiry” provided by law. On July 27, 2007, Mr. Tulaganov was subjected to an interrogation by Mr. Almatov, the Senior enquiry officer of the department of internal affairs of the Yunuzabad district. He subsequently lodged a complaint to the Prosecutor of the city of Tashkent, Mr. Valiev, in order to protest against the procedural irregularities he has been confronted to. However, he has received no answer so far.

On August 17, 2007, Mr. Almatov declared that the enquiry procedure that was opened on May 16, 2007 was closed, whereas he had no mandate to close it[1].

The Observatory considers the arrest of Mr. Tulaganov to be arbitrary in view of the charges pending against him and fears that this disproportionate order may only aim at sanctioning his human rights activities. In the present situation, the Observatory fears for Mr. Tulaganov's physical and psychological integrity and sees the above-mentioned events as blatant evidence of the constant harassment of the Uzbek authorities' against human rights defenders.

The Observatory also recalls that as a member-State of the Organisation for Security and Cooperation in Europe (OSCE), Uzbekistan acknowledges that “the [...] UN Declaration on Human Rights Defenders [... places] a responsibility [...] on states to adopt and implement adequate legislation and administrative procedures that would provide for a conducive environment for human rights defenders to promote and strive for the protection and realization of human rights and fundamental freedoms at the national and international levels”, and recognises “the need for particular attention, support and protection for human rights defenders by the OSCE, its Institutions and field operations, as well as by participating States”[2].

Actions required:

Please write to the Uzbek authorities urging them to:

i.                     Guarantee in all circumstances the physical and psychological integrity of Mr. Sobir Tulaganov;

ii.                   Release him immediately and unconditionally as his detention is arbitrary, as it seems to aim at merely sanctioning his human rights activities;

iii.                  Conduct a fair, impartial and independent inquiry into the above-mentioned irregularities;

iv.                 Put an end to all acts of harassment and threats against Mr. Sobir Tulaganov as well as against all human rights defenders in the country;

v.                   Conform with the provisions of the UN Declaration on Human Rights Defenders, adopted by the General Assembly of the United Nations on December 9, 1998, especially its Article 1, which states that “everyone has the right, individually and in association with others, to promote and to strive for the protection and realisation of human rights and fundamental freedoms at the national and international levels” and Article 12.2, which states that “the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration”;

vi.                 Ensure in all circumstances respect for human rights and fundamental freedoms in accordance with international human rights standards and international instruments ratified by Uzbekistan.

Addresses:

·        President of Uzbekistan, Islam Abduganiyevich Karimov, ul. Uzbekistanskaya 43, Rezidentsia prezidenta, 700163 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 1395325, E-mail: presidents_office@press-service.uz

·        Minister of Foreign Affairs, Mr. Elyor Majidovich Ganiev, Respublika Uzbekistan; 700029 g. Tashkent; pl. Mustakillik, 5; Ministerstvo inostrannykh del RU, S.S., Uzbekistan, Fax: + 998 71 139 15 17, E-mail: rnews@mfa.uz

·        Parliamentary Commissioner for Human Rights, Sayora Rashidova, ul. Xalqlar Dostligi 1, 700035 Tashkent, Republic of Uzbekistan, Fax: +998 71 139 85 55, E-mail: office@ombudsman.gov.uz

·         Chairman of the Supreme Court of the Republic of Uzbekistan, Ubaydulla Mingbaev, Respublika Uzbekistan; 700183 g. Tashkent;  ul. Abdulla Kodiri, 1; Verkhovny Sud Respubliki Uzbekistan, Fax: + 998 71 144-62-93

·        General Prosecutor of the Republic of Uzbekistan, Rashidjon Hamidovich Kodirov, ul. Gulyamova 66, 700047 Tashkent, Republic of Uzbekistan, Fax: +998 71 133 39 17, E-mail: prokuratura@lawyer.com

·        National Centre for Human Rights, Senator Akmal Saidov Natsionalny tsentr po pravam cheloveka, 5/3, Mustakillik Maidoni, g. Tashkent, Respublika Uzbekistan. 700029, Fax: + 998 71 139 13 56 / 45 16, E-mail: office@nchr.uz

·         Ambassador of the Republic of Uzbekistan, Permanent Mission of the Republic of Uzbekistan to the United Nations in Geneva, PO Box 1853, 1215 Geneva 15, Switzerland, Fax: +4122 799 43 02, E-mail: uzbekistan@bluewin.ch

Please also write to the diplomatic representations of Uzbekistan in your respective countries.

***

Geneva - Paris, September 26, 2007

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.

The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.

The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.

To contact the Observatory, call the emergency line:

Email : Appeals@fidh-omct.org

Tel et fax FIDH : + 33 1 43 55 55 05 / 33 1 43 55 18 80

Tel et fax OMCT : +41 22 809 49 39 / 41 22 809 49 29